Terms and Conditions

DEFINITIONS

"We/us" means Kookai UK Limited, the seller of the goods.

“Kookai” means Kookai UK Limited, the seller of the goods.

"You" means you, the customer acting as a consumer.

“Site” means the Kookai UK website at www.kookai.co.uk

“Content” means any written word, image, photography, html, other code, video, audio, design, trademark, logo or other related material.

"Carrier" means the third party fulfilment/delivery company used to deliver goods to you.

"Goods" means the items that you agree to buy from us, the seller.

CONTENT

 This Site is for your personal, non-commercial use only.

KOOKAI does not promise that all Content is accurate or that all functions of the Site will be error free. Kookai recommends that all users of the Internet ensure that they have the relevant virus scanning software installed on browser enabled devices.

The Site may include links to other websites operated by parties other than KOOKAI. KOOKAI is not responsible for the content or accuracy of any off-site pages or for the availability of such external websites. Kookai is not responsible for the privacy practices or for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites.

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised and are subject to change.

Your use of this Site and its Contents grants no rights to you in relation to any Content contained on this Site. All Content displayed on the Site is protected by intellectual property law. Any redistribution of any Content is strictly prohibited.

PLACING AN ORDER

Kookai offers products for sale that are in stock and available for dispatch from our distribution centres.

All goods are dispatched from our distribution centre in Kent. If an item has sold out but we are able to obtain it for you from our central warehouse in France, the delivery time will be a further 2 days. This will be clearly stated on the product detail page before you place your order.

When you register, you are required to provide information about yourself that is true, accurate, current and complete. Should you need to update your registration details, you can do so directly within the Your Account section of the Site.

When placing an order, you will be required to provide payment details. You represent and warrant that the payment details you provide are both valid and correct and you confirm that you are the person referred to in the billing information provided.

Goods are only available to individuals who have been issued a valid credit card by a bank acceptable to Kookai, whose applications are acceptable to Kookai and who have authorised Kookai to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Kookai feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate fraud prevention checks. Personal Information that you provide may be disclosed to a fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

Once your order has been placed, you will receive an acknowledge email containing the details of your order. This email is not an acceptance of your order, only a confirmation that we have received your order. All orders are subject to acceptance and availability.

Please be advised that items in your shopping bag are not reserved and may be purchased by other customers.

PAYMENT

Payment can be made by Visa, Delta, MasterCard, Electron, Maestro, Solo, Switch and AMEX cards and any other method which is advertised on the Site. Payment will be debited and cleared from your account upon dispatch of your order by Kookai. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Kookai, we will not be liable for any delay or non-delivery.

If you are a customer whose credit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using SagePay, a secure online payment gateway that encrypts your card details in a secure host environment. Your details will be fully encrypted and only used to process card transactions which you have initiated. KOOKAI also uses Secure Socket Layer (SSL) technology on the Site to keep your details safe and secure.

We will store a record of your order for a minimum of 6 months but Kookai will not store your credit/debit card details.

ACCEPTANCE OF YOUR ORDER

Unless you cancel your order, acceptance of your order and completion of the contract between you and Kookai will be completed when we email you to confirm the goods have been despatched from our warehouse.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, if delivery restrictions apply to a particular item, an item ordered is out of stock or does not satisfy our quality control criteria.

We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion.

TRACKING YOUR ORDER

You can check the current status of your delivery by visiting the carriers’ website directly at www.yodel.co.uk and entering your unique parcel identifier (UPI), which was emailed to you.

We use Royal Mail to delivery to addresses within restricted access areas. You can track the status of a Royal Mail delivery by visiting http://track.royalmail.com and entering the reference details containing within your dispatch email confirmation.

DELIVERY

Please be aware that due to the current inclement weather, delivery may take longer than normal.

We currently deliver within the UK only and offer 2 different delivery options, as stated below.

Standard (Free) -  Allow 3-5 working days for delivery.

Express (£3.95) – Allow 2-3 working days for delivery. For any orders received before 2pm Monday to Friday, we will aim to delivery your goods to you the next day (excluding Sundays and public holidays).

The cost of delivery will be as stated on the website at the time of order. We dispatch all orders via Yoda/HDN (or Royal Mail for all BFPO, Channel Islands, Isle of Man, Isles of Scilly, Northern Ireland, Scottish Highland and Islands, and other restricted postcodes, listed below). Yodel/HDN operate a Monday to Saturday service for our standard and express services.

To qualify for our next day delivery, orders must be placed and received by us before 2pm Monday to Friday. Orders placed on a Saturday or Sunday will be delivered on the following Tuesday). Unfortunately this service in not available for BFPO, Channel Islands, Isle of Man, Isles of Scilly, Northern Ireland, Scottish Highland and Islands and other restricted postcodes.

Restricted postcodes are AB, DD8-11, KW15-17, ZE1-99, GY1-99, JE1-99, PA20-23, 24-40, PH49-50, HS9-99, PA41-49, PA60, PA61-75, 77, 78, PA76, PH41 (2), 42, 42, 44, PH19-26,30-41, HS1-8, IV41-51, 55, 56, KA27, 28, IV1-20, 25, 30-21, 36, IV21-23, 24, 26, 27, 28, 40, 52, 53, 54, AB37,38, 55, 56, PH19-26, 30-35, KW1-3, 5-14, BFPO 01-BFPO 999, IM1-99, TR21-25, BT1-99.

We require a signature for goods delivered at which point responsibility for your goods passes to you. If you have specified a recipient who is not you for delivery purposes then you accept that evidence of a signature by them (or at an alternative delivery address) is evidence of delivery and fulfilment by KOOKAI and transfer of responsibility in the same way.

Estimated delivery times are to be used as a guide only. KOOKAI is not responsible for any delays caused by third party partners and carriers.

SIGNING FOR YOUR PARCEL

All parcels are sealed at our fulfilment centre before being dispatched. You should not sign for any parcels if the seals are broken or the packaging is damaged upon arrival. In the unlikely event that your parcel is damaged, please contact our Customer Services team on + 44 (0) 20 7239 1092 as soon as possible and retain all of the original packaging.

RETURNS

We offer a full refund on all online purchases returned in the condition in which they were sold within 28 days or you receiving them. Returns are processed within 48 hours of receipt at our fulfilment centre and all refunds made to the credit or debit card used to place the original order.

Items should be returned unused, and with all KOOKAI garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Unidentified returns may be returned to the sender.

To return an item, you must complete the returns form on the reverse of the despatch note included within your parcel, providing as many details as possible. You should send your return back to us within the original packaging to the address below.

We recommend you use a secure and insured delivery service, such as Royal Mail Special Delivery, to return any unwanted items to us as we cannot accept responsibility for any items not received. Please ensure that you keep your tracking number until your refund has been processed and confirmed.

KOOKAI RETURNS
Amethyst Group (Staplehurst)
Lodge Road
Staplehurst
Kent TN12 0QW

We will refund your return postage if an item is deemed as faulty. However we cannot accept liability for an item until it has been returned to us and confirmed as faulty.

CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Services Department, KOOKAI UK LTD, 3rd Floor, 8-14 Vine Hill, London EC1R 5DX, or by email to: customer.services@kookai.co.uk.

For orders cancelled under the DSRs, we will issue you with a full refund. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: KOOKAI RETURNS, Amethyst Group (Staplehurst),Lodge Road, Staplehurst, Kent TN12 0QW. All items must be returned unused and in their original condition.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.

Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above

OUR LIABILITY

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us.

DATA PROTECTION AND PRIVACY

We will only use the information supplied by you to process your order or to send you marketing communications if you have specifically asked us to do so. To enable your order to be delivered to you we need to pass on your postal address and a contact telephone number to our third party carriers. We will not call you unless we need to confirm or verify some details of your order with you.

Credit card and debit card details are checked and verified by a third party company and goods will only be dispatched once authorisation has been obtained. To ensure that your credit or debit is not being used without your consent, we will validate your name, postal address and any other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you are consenting to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency. This is done for the sole purpose of confirming your identity. A credit check is not performed and your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. Kookai does not store your credit/debit card details.

SECURITY

We are committed to protecting your security and make every effort to ensure your transaction is safe and that your personal information is secure. All information processed is encrypted and passed via a secure connection. We use Internet standard encryption technology known as SSL (Secure Sockets Layer).

If using a public computer or Internet enabled device, always log out and close all browser windows when you have finished using the Internet.

When creating a password, try to use a combination of letters and numbers and avoid using your name, email address, or other personal information that can be easily obtained. It is recommended that you frequently change your password and avoid using the same password for multiple accounts.

GOVERNING LAW

These Terms and Conditions together with all our policies and procedures will be governed by and construed in accordance the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.

DISPUTES

In the unlikely event that there is a dispute in relation to the goods supplied, the dispute and any claim shall be governed according to English Law.

YOUR RIGHTS

Nothing within these Terms and Conditions is intended to affect these rights. For more information about your rights, contact your local Citizens Advice Bureau.