Terms and Conditions of Use
Terms and conditions
By accessing or using www.kokodesigns.ie (the “Site”) whether as a guest or registered user, you (referred to as the “User”, “you” or “your”) acknowledge and agree to the disclaimers and terms and conditions (“Terms”) set out below relating to the use of the Site and the purchase of goods advertised and made available for purchase through the Site (the “Products”). Please ensure that you read these Terms with care. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this Site, and the services offered through the Site.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time and we will notify you of any changes by uploading them to the Site. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them. The statement at the end of this web page states when the last changes were made to these Terms.
1. ABOUT US
The Site is owned and managed by Kokodesigns, a company registered in Ireland with the company registration number 259872 and having its registered address at Glen Lower, Ramelton, Co Donegal
2.1 In order to use the Website, you warrant that:
(a) you are legally capable of entering into any binding contracts;
(b) you are at least 18 years old and above; and
(c) you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and use the Site.
2.2 On registration with the Site, you will asked to register a username and password (“Log In Details”). You must not disclose, or allow another person to use your Log In Details nor use your Log In Details to impersonate another person.
2.3 You are responsible for making all arrangements necessary for you to have access to the Site. We reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them.
2.5 In accessing this Site, you accept that information passing over the Internet may not be free from interference by third parties. In consequence, Kokodesigns cannot guarantee the privacy or confidentiality of any information relating to any User passing over the Internet. You shall be responsible for your communications through this Site, including their lawfulness, truthfulness and accuracy.
2.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Kokodesigns or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the Products offered through the Site. You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. All trade marks on this site, such as “Kokodesigns” may not be used without our prior written permission.
4. PAYMENT METHODS
4.1 Prices shall be displayed in euro. All prices are payable in euros (€s) plus any applicable taxes, packaging and delivery charges.
4.2 Purchases may be paid for by using a credit card.
5. REFUSAL OF TRANSACTION
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
6. DELIVERY ARRANGEMENTS
Your shopping basket on the Site displays the Product(s) you have chosen,details of post and packing. The delivery costs vary according to the delivery methods on offer. Any delivery times quoted are estimates only, based on availability and normal delivery time in working days. You should check these details carefully before confirming the transaction.
7. IMPORT REGULATIONS AND DUTY
7.1 If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located then this Site is not intended for your use and we ask that you do not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.
7.2 If you order Products from our Site for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8.1 If you wish to discuss or organise a return, exchange or refund of any item, please contact Kokodesigns using the contact details set out below.
8.2 Subject to certain exception referred to in clause 8.3, in relation to any Products sold through the Site, you have 7 days from receipt of the Products in which you can cancel your order, subject to certain exceptions outlined below.
8.3 There are naturally exceptions to the terms shown above, where for instance products are specially made and are non-returnable and non-refundable, including but not limited to the following:
(a) personalised items that are specially made, or ordered, with your choice of name, fabric, message or other customized aspect;
(b) homewares that are made up in your own choice of fabric or material, such as lampshades, throws, cushions and other items; and
(c) art, sculpture and other creations that are often specially commissioned when you place an order.
9.1 The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Kokodesigns of the content on such third party websites. Kokodesigns is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.
9.2 Kokodesigns generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Other than to the Site’s homepage, written permission is required for links to pages within the Site. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.
10.1 If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.2 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between us and supersede and replace any prior agreement, understanding or arrangement between us, whether oral or in writing. You acknowledge that in agreeing to these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Site or in negotiation between us except as expressly set out in these Seller Terms.
13. FORCE MAJEURE
Where Kokodesigns is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials the date of delivery shall be postponed for the period that the circumstances continue.
14. LAW AND JURISDICTION
These Terms shall be governed by the laws of Ireland. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of Ireland.
15. FEEDBACK AND COMMENTS
General comments or queries about the Site or about a specific Seller are welcome by email at email@example.com
These terms were last updated on 25th August 2015