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Terms and Conditions

1. THESE TERMS

  1. What these terms cover. These are the terms and conditions on which we supply products to you.
  2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem with your order and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

  1. Who we are. We are Koi Footwear Limited a company registered in England and Wales. Our company registration number is 10434810, our VAT number is 255973661 and our registered office is at 2-16 Charter Street, Manchester, United Kingdom, M3 1LY.
  2. How to contact us. You can contact us by writing to us at help@koifootwear.com and by post to Koi Footwear Limited, 2-16 Charter Street, Manchester, United Kingdom, M3 1LY.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

  1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

  1. 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.
  2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website and on our official social media pages.
  3. Buy One Get One Free promotion.  An order using our 'buy one get one half price' offer code means you will pay for the highest priced item in full, with the lowest priced item at half price. You can of course exchange any item and still retain your bought under the buy one get one half price offer, if you decide to return the full priced shoe, and keep the half price one then this will nullify the half price discount, we’ll just recalculate the cost of the returned shoe based on the full price of your order minus the discount your revised order. When returning goods on which you have received our promotional offer, we will adjust your refund accordingly to reflect the value of your revised order. This promotional offer is conditional upon purchasing full priced item(s).
  4. Promotional codes. Unless specified, promotional codes exclude Sale, £5 shoes and Grace Fit x Koi Footwear categories.

5. YOUR RIGHTS TO MAKE CHANGES

  1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  2. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7- Your rights to end the contract).

6. PROVIDING THE PRODUCTS

  1. Delivery costs. The costs of delivery will be as displayed to you on our website.
  2. When we will provide the products. During the order process we will let you know when we will provide the products to you. We will aim to deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
  3. We are not responsible for 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.
  4. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9.00am – 5:30pm on weekdays (excluding public holidays) and weekends.
  5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
  6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
  7. When you become responsible for the goods. A product 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.
  8. When you own the goods. You own the goods once we have received payment in full.
  9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address and contact telephone number. If you give us incomplete or incorrect information at the time of your order, we may either end the contract (and clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us accurate information.

7. YOUR RIGHTS TO END THE CONTRACT

  1. You can always end your contract with us. You have the right to end your contract with us under the Consumer Contracts Regulations 2013 in the following circumstances:
    1. 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 to get some or all of your money back), see clause 10;
    2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
    3. If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may potentially be subject to deductions;
    4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6
  2. 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:
    1. we have told you about an upcoming change to the product or these terms which you do not agree to;
    2. 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;
    3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
    4. 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
    5. you have a legal right to end the contract because of something we have done wrong.
  3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Koi Footwear Limited of 2-16 Charter Street, Manchester, United Kingdom, M3 1LY to its UK and EU customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 10.2):
  5. Right under the Consumer Contracts Regulations 2013
  6. How our goodwill guarantee is more generous
  7. 14 day period to change your mind.
  8. 28 day period to change your mind.
  9. Consumer to pay costs of return.
  10. We pay the costs of return.
  11. You have 14 days after the day you (or someone you nominate) receives the goods, unless:
    1. Your goods are split into several deliveries over different days. In this case you have until 28 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
    2. Your goods are for regular delivery over a set period. In this case you have until 28 days after the day you (or someone you nominate) receives the first delivery of the goods.
  12. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) as compensation for the net costs we will incur as a result of your ending the contract.

8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    1. Email - email us at help@koifootwear.com. Please provide your name, delivery address, details of the order and, where available, your phone number and email address.
    2. Online. Complete the Contact Form on our website.
    3. By post. Simply download our contract cancellation form and write to us at our address, including details of what you bought, when you ordered or received it and your name and address.
  2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods to where you bought them using the returns label provided to you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
  3. We will pay the costs of return at one free return label per order. (If you order 2 shoes but return them both seperately and not as a single consignment, you will be charged £2.73 for the second return)
  4. How we will refund you. 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.
  5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    1. 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. 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, you must pay us an appropriate amount.
    2. 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 3-5 days 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.
  6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    1. Your refund will be made within 16 business 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. For information about how to return a product to us, see clause 8.2.
    2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
  7. European Commission Online Dispute Resolution. If you are not satisfied with how your complaint has been handled you can use the EU Online Dispute Resolution platform which provides independent resolution without the need to take your complaint to court.

9. OUR RIGHTS TO END THE CONTRACT

  1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
    1. you do not make any payment to us when it is due;
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address and telephone number; or
    3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
  2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract.

10. IF THERE IS A PROBLEM WITH THE PRODUCT

  1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at help@koifootwear.com and by post to Koi Footwear Limited 2-16 Charter Street, Manchester, United Kingdom, M3 1LY.
  2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract and The Consumer Rights Act 2015. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these terms will affect your legal rights.
  3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us using the returns label provided. We will pay the costs of postage. Please email us at help@koifootwear.com for a returns label.
  4. If we cannot resolve your issue you can make a compaint through the

11. PRICE AND PAYMENT

  1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
  2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
  4. When you must pay and how you must pay. We accept payment with Paypal, Visa, American Express, Master card and Maestro. You must pay for the products before we dispatch them.
  5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
  6. International government charges - Unfortunately we have no control over international government customs, duty or tax charges that may be placed on orders. It is the responsibility of the customer to perform due diligence before ordering so they are aware of any of these charges as we won't be liable to pay these charges if they were to arise.
  7. If a delivery offer is active where the discounted postage charge becomes £1.99 or less, then the minimum order requirement to achieve this discounted delivery rate becomes £10. Any order below £10 will be charged at our standard rate of £2.99 or more depending on the type of postage selected.

  8. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the option to pay later (within 14 days).

    Further information and Klarnas User Terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  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.
  2. 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 and for defective products under the Consumer Protection Act 1987
  3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

  1. How we will use your personal information. We will use the personal information you provide to us:
    1. to supply the products to you;
    2. to process your payment for the products; and
    3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
  2. We will only give your personal information to third parties where the law either requires or allows us to do so.

14. OTHER IMPORTANT TERMS

  1. How we will use your personal information. We will use the personal information you provide to us:
    1. to supply the products to you;
    2. to process your payment for the products; and
    3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
  2. We will only give your personal information to third parties where the law either requires or allows us to do so.

15.TERMS & CONDITIONS RELATING TO FIXED PRICE VOUCHERS

  1. Terms & Conditions Relating to KOIFOOTWEAR.com and Klarna’s Instagram competition

    01.05.2019

    The Promoter of KOIFOOTWEAR.com’s “Win A Pair of New In” Competition (“Competition”) is KOIFOOTWEAR.com, 12-14 Robert Street, Manchester M3 1EY (“Promoter”).

     

    1. Eligibility
    • This Competition is open worldwide. Entrants must be over the age of 18.
    • Employees of the Promoter or any associated company and their immediate family, or anyone else involved in the organisation of the Competition, may not enter the Competition.
    • Entrants will require access to the internet to enter the Competition.
    • This Competition is not open to previous winners of previous competitions with the Promoter.
  2. Qualification Period

    3. 2.1 The Competition is open for 6 days starting from the 1st of May 2019 and ending 7th of May 2019. A winner will be selected on the 7th of May 2019.

    2.2 Entries received after the 7th of May 2019 will not be put in the draw to win the Competition.

    1. Entry Procedures

    3.1 To enter the Competition, participants must enter valid credentials to the Competition entry. If there is a dispute as to the identity or eligibility of a winner based on the account, the entry decision will be decided by the Promoter.

    3.2 All entries must be received by the close day of the qualification period. Screenshot proofs will not be accepted as proof of entry.

    3.3 The Company may require you to provide proof that you are eligible to enter the competition and if you cannot, you may be disqualified from the competition.

    3.4 The Company reserves the right to disqualify participants or the winner if they do not meet the requirements outlined.

    3.5 By entering, participants agree to be bound by these rules and the decisions of the Promoter which shall be final. All national and local laws apply.

    1. Description of the Prize

    4.1 The Prize of the Competition consists of one pair of shoes from KoiFootwear.com (“Prize”). The Prize will be delivered in full up to 14 working days after the winner has been selected by the Promoter.

    4.2 The winner of the Competition will not be eligible to return or claim a refund for the Prize to the Promoter.

     

    1. Winner Selection & Contact

    5.1 The Promoter will contact the winner after the end date via email, Facebook message or Instagram Direct Message.

    5.2 The winner will have to provide details to the Promoter to claim the Prize.

    5.3 The winner will have 7 days to contact the Promoter to provide necessary information for the prize. If the winner does not contact the Promoter within 7 days, the prize shall be forfeited for the winner and another draw will be made by the Promoter.

    5.4 The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or the locate anyone posting or linking any content to its Instagram, Facebook, or Twitter pages which infringes any third party rights or is in breach of any of these Terms and conditions or any applicable law.

    5.5 The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries

    5.6 The Promoter reserves the right to cancel, suspend or terminate the Competition at any point without revealing the reason to do so.

    5.7 The Promoter reserves the right to disqualify any individual from further participation in regards to the Competition if they have attempted to tamper with the draw of the Competition and/or Prize.

     

    1. Permission

    6.1 By entering the Competition, the participant constitutes permission to use the winner’s names, hometowns and likenesses for online posting, and/or any advertising and publicity without additional compensation. The winner may also be required to sign and return a release of liability, declaration of eligibility and where lawful, a publicity consent agreement, as conditions of receiving the prize. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize.

    6.2 By entering the Competition you accept these Terms and Conditions as in force at the time you submit your Entry

     

    1. Limitation of Liability

    7.1 The Promoter accepts no responsibility for withdrawal of the competition, system errors or other issues that may result in disruption to lost, delayed or not received entries or winner notifications that are the result of events outside of the Promoter’s control.

    7.2 The Promoter or its agents will not be responsible for the non-inclusion of entries as a result of technical malfunction, systems, network, server, computer hardware or software failures or otherwise.

    7.3 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the fault of the Promoter, its agents or distributors or that of their employees.

     

    1. Disputes

    8.1 By entering the Competition, participants agree that any and all disputes, claims and causes of action connected with the Competition, or any prizes awarded, must be resolved individually without the resort to any form of legal action

    8.2 If there is any discrepancy or inconsistency between any terms or conditions of these Terms & Conditions and any statements contained in any other Competition-related materials, including but not limited to the Competition entry forms, or the point of sale, television, print, mobile or online advertising, these Terms & Conditions will prevail, govern and control.

    8.3 The Competition, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the competition or these Terms.

    1. Contact

    8.1 Any inquiries or questions regarding the Competition, including any request for the name of the winner, may be directed to Finn Christo at 0161 302 4638 or by general mail to 2 – 16 Charter Street, Manchester M3 1LY

     

     

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