Welcome to KOTYS.co.uk. (the “Website”).This website is owned and operated by Otilia Balica trading as Kotys, a registered trademark in England. Throughout the website, the terms “we”, “us” “our” and “Kotys” "kotys.co.uk" refer to Otilia Balica trading as Kotys. Our main trading address is 68 Highly Drive Coventry CV63LR. Our email contact is firstname.lastname@example.org.
Kotys offers this website, including all information, tools, products and services available from this site to "You", the user conditioned upon your acceptance of all terms, conditions, policies and notices stated here when purchasing or requesting the listed products and services from our website.
Please read these Terms of Service carefully and make sure that you understand them before accessing, using our website or purchasing any of our products and services.By accessing, using any part of the site or purchasing any of our products and services you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By ordering from Kotys.co.uk you agree to these Terms of Service, you represent that you are at least 18 years old and you shall ensure you provide us with the accurate and complete information when ordering products and services from us.
You will need to create a Customer Account by providing your name, email delivery address and credit card information.
All orders are subject to acceptance and product availability.
Each individual product description will list the availability information of the product. If the product cannot be provided in accordance with the mentioned timeframe, we will not charge your credit or debit card until the items are available for delivery under the specified timeframe. If any change to the expected delivery time occurs you will be notified by Kotys team.
All prices listed on each individual product page are correct at the time of order, however, we reserve the right to change prices of any product at any time. All prices include applicable taxes.
When your order is accepted we will send you an email confirmation. No contract for the sale of any product will exist between you and Kotys until we accept your order.
This confirmation email will be sent via the email address given in your customer account form and will detail products ordered, payment method, cost (including VAT and P&P) and usual delivery times.
You shall check all the details in this confirmation email are correct and contact us as soon as possible if any details are incorrect.
We reserve the right not to accept all orders we receive. If your order has not been accepted, you will receive an email from us telling you the reasons why.
You agree that all the products purchased from us are for your own private and domestic use only and are not for resale. You may not use our products and services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Prices displayed on the website for our products and services are subject to change and we reserve the right change these at any time without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
When placing an order for our products and services, the price charged will be the one displayed on each product individual page at the time you place your order. The prices displayed on the website at any moment are only valid at that moment.
All prices are displayed in GBP and are inclusive of VAT.The price of a product or service includes next day delivery charges
PRODUCTS AND SERVICES
All Products are subject to availability. We stock sizes from 6 to 18 but not all styles are available in all sizes.
Our products and services are available exclusively online through the website. These products and services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The images and descriptions of our products from our website are for illustrative and informative purposes only. We have made every effort to display and describe as accurately as possible the colours and images of our products that appear in our store. We cannot guarantee that your computer monitor's display of any colour will accurately reflect the colour of the actual products. We cannot be held responsible for any differences in colour between the image and the actual product which can be caused by the Internet browsers, monitor contracts, display settings etc.
We reserve the right but are not obligated, to limit the sales of our products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products and services that we offer
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DELIVERY OF THE PRODUCTS
Our products are inclusive of special next day delivery. To know more about delivery charges and lead times please read our Delivery page
After you place your order we will contact you with an estimated delivery date. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
Occasionally our delivery to you may be affected by an Event Outside Our Control
An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
If an Event Outside Our Control takes place that affects the delivery of the Products:
- we will contact you as soon as reasonably possible to notify you; and
- we shall not be liable to you as a result of any delay or failure to deliver
RIGHT TO CANCEL AND RETURNS
If you ordered a product from our ready to wear collection you can cancel your order within 28 days of your date of receipt of the products. All items should be returned unworn, in their original packaging and in saleable condition within 28 days of such cancellation.
Please be aware that the customised products can't be returned. Unfortunately, returns for these items are not available since they are made specifically to your requirements.
We will refund you the total amount you paid for the products you are returning within 14 business days of our receipt of the returned products or, if earlier, the day on which you provide us with evidence that you have sent the item back to us.
We may make a deduction from the reimbursement to you of the diminished value of the goods if the products are not returned in a saleable condition.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
For further information on returns, including the process to follow to return your Product(s) please see the Returns page.
All of our products are quality controlled and checked for any faults before they are dispatched to you. However, if you receive a product that is defective please contact us immediately at email@example.com
For the defective products, we will either offer you a refund including the purchase price, original delivery costs and any other costs you may incur in returning the defective product, repair the defective product or provide you with a replacement product at no cost to you.
We accept payment through American Express, VISA, MasterCard, debit and credit cards or PayPal and Apple Pay.
The charges for the products are set out in the Confirmation Email you will receive from us after you have placed your order
The payment for the products will be deducted from either your bank account registered to your Customer Account or the bank account entered in your order form (as appropriate) when we send you the Confirmation Email.
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card or PayPal account when we send the Confirmation Email
We will not pass on your personal, credit or debit card information to any third party
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on kotys.co.uk is incorrect for any reason, we will email you to inform you that we have not accepted your order and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kotys, our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
ERRORS INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
USER GENERATED CONTENT
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless Kotys and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to buy our Products and Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
On termination of this agreement for any reason:
You shall immediately pay to us all of our outstanding unpaid invoices and invoices due for the period up to the date of termination for Services supplied; and
The accrued rights, remedies, obligations and liabilities of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination; and
Clauses which expressly or by implication have effect after termination shall continue in full force and effect.
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 19 shall survive termination of this Agreement.
All rights, including copyright, in the content of the kotys.co.uk web pages, text, design icons, photos, illustrations are owned or controlled for these purposes by Kotys and protected by the United Kingdom and international copyright laws. In accessing Kotys website pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted and agree not to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the kotys.co.uk web pages for any other purpose whatsoever without the prior written permission of Kotys.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and the relevant courts of England and Wales will have exclusive jurisdiction .
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.