1. General
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by KOOL KAFTANS (the "Linked Sites"). KOOL KAFTANS has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. In this instance the terms of use and service contained in these sites should be used.
2. Privacy
(i)
We will treat all your Personal Details as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK data protection and consumer regulation.
When you shop on KOOL KAFTANS Website, we will ask you to input and will collect Personal Details from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit card or other payment information.
When you use the KOOL KAFTANS website our servers automatically record certain information that your web browser sends whenever you visit any website. This may include your web request, internet protocol address, browser type, browser language, URL, URLs domain names, pages viewed and other matters together with cookies which may identify your browser. We may collect this information even if you do not register with us.
You should be aware that the KOOL KAFTANS site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Details which you provide to us (or which is available on public registers) is held in accordance with data protection laws. We use your information only for the following purposes:
To process your orders.
To monitor use of the Website.
To provide you the features and functionality of the Website.
To administer the Website
If you agree, to send you information on other Kool Kaftan products and promotions.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
If you email comments KOOL KAFTANS (info@koolkaftans.co.uk), unless you have expressedly asked us not to we may use them for editorial purposes or in promotional, advertising or marketing materials.
None of our customers information will be given out to any Third party unless prior consent has been obtained. However, you should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Details, we are entitled do so.
Our privacy policy can frequently change so please check regularly for any updates.
(ii)
Please note that if you provide KOOL KAFTANs with your full credit card details for use to purchase goods, once this transaction has taken place KOOL KAFTANS ensure that your details are disposed off securely. No financial card details are stored on KOOL KAFTANS website or in fact any other applicable place. Therefore if further purchases are required from KOOL KAFTANS then credit card details will need to be provided again.
Please be advised that KOOL KAFTANS do not hold financial card details nor intend to hold financial card details for any length of time other than required to make a transaction. Details are destroyed immediately after transactions which are authorised only by yourself.
3. Exclusions
This website must not be mis-used. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; 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. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. KOOL KAFTANS will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of KOOL KAFTANS or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KOOL KAFTANS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by KOOL KAFTANS or its licensors and KOOL KAFTANS.comTM are trade marks belonging to KOOL KAFTANS. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of KOOL KAFTANS.
5. Conditions of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please check our Delivery section for more information.
In order to contract with KOOL KAFTANS you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. KOOL KAFTANS retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be KOOL KAFTANS or may in some cases be a third party. Where a contract is made with a third party KOOL KAFTANS is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. 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. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
(d) Discount Codes
(i) Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. (ii) Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
6. Liability Disclaimer
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law KOOL KAFTANS and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect KOOL KAFTANS's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. Linking to KOOL KAFTANS Website
You may not link to Kool Kaftans website unless prior permission has been granted.
8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with KOOL KAFTANS and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to KOOL KAFTANS.
9. Indemnity
You agree to indemnify, defend and hold harmless KOOL KAFTANS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
10. Variation
KOOL KAFTANS shall have the right at any time, in its absolute discretion and without notice to amend, remove or vary the Services and/or any page of this Website.
11. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12. Complaints
Comments of all nature are welcome - we operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
13. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and KOOL KAFTANS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of KOOL KAFTANS.
16. Ethical Sourcing
KOOL KAFTANS recognise that we have an obligation as reputable and trusted business to ensure that suppliers are operating ethically this helps us offer our customers more high quality and ethically sound products .
We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
Suppliers are expected to comply with their national employment laws and regulations with particular in regards to:
- Minimum age of employment
- Working hours
- Rates of pay
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Terms of employment
KOOL KAFTANS will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as KOOL KAFTANS continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
17. Stock Availability
All stock is subject to availability.
As all of our clothing items are only manufactured in small quantities, they therefore may not always be available in your size or colour.
We will contact you immediately if your order is not available and should you wish to wait for your order we will then advise you of an expected delivery date.
Whilst every effort is made to match colours there maybe some variation.
All goods are inclusive of VAT at 15%.
18. Quality Assurance
We take the quality of our products and the standard of our service very seriously. We have worked hard on the detail and want you to enjoy the shopping experience you deserve with Kool Kaftans. If there is any way we can improve our service or range of products we would love to hear from you either by phone or email on info@koolkaftans.co.uk.
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