This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our sites to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our sites. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our sites.
Please click on the button marked “I Accept” prior to placing your order if you accept them.
You should print a copy of these Terms or save them to your computer for future reference. These Terms, and any Contract between us, are only in the English language.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20 March 2015.
If there is any conflict, inconsistency or ambiguity between the terms set out on this page, and any of the documents referred to on it, the terms set out on this page shall take precedence to the extent of any conflict, ambiguity or inconsistency.
1.Information About Us
1.1We operate the websites www.koooky.com and www.koooky.ie (our sites). We are Koooky SLU, a company registered in Andorra under company number 14450 and with our registered office at Placa Guillemo Num. 3, 1R Pis. Andorra La Vella, AD500 and and trading address at F2, Bellmont, L’Aldosa, La Massana, AD400, Principat D’Andorra.
1.2Certain clauses within these Terms apply only if you are an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession, and are based in within the European Community, i.e. where you are a “consumer”. If you are not a “consumer” (as defined above), the clauses within these Terms which are stated to apply only to any “business” shall apply to the Contract between you and us to the extent possible under English law and the mandatory laws of the jurisdiction within which you are domiciled or registered
2.1The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary from those images. We may need to update the features of Products pictured on our sites for, for example, improved manufacturing purposes.
2.2Although we have made every effort to be as accurate as possible, all sizes, weights, dimensions and measurements indicated on our sites have a 5% tolerance.
2.3The packaging of the Products may vary from that shown on images on our sites, and we reserve the right to update our packaging from time to time.
2.4All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3.Use of our Sites
Your use of our sites is governed by our Website Acceptable Use Policy Please take the time to read this, as it includes important terms which apply to you.
4.How we use your personal information
5.If you are a consumer
This clause 5 only applies if you are a consumer.
5.1If you are a consumer, you may only purchase Products from our sites if you are at least 18 years old.
5.2We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
6.If you are a business customer
This clause 6 only applies if you are a business.
6.1If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our sites to purchase Products.
6.2These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
7.How the contract is formed between you and us
7.1Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, because we cannot meet your requested delivery date, or because of an error in the price on our sites as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
7.5Please note that you cannot purchase the Products via telephone and only online sales are available.
8.Our right to vary these Terms
8.1We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3We may revise these Terms as they apply to your order from time to time to reflect the following circumstances: (a) changes in relevant laws and regulatory requirements; and (b) for other necessary reasons.
8.4If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9.Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
9.2Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
|Your Contract is for multiple Products which are delivered on separate days.||The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.|
9.3To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. Alternatively you may use a copy of the form which is attached at the back of these Terms as a schedule. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 00 353 (0) 1901 1713. If you are e-mailing us please provide details of your order, including your order number, name, address, email address and phone number, to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.
9.4If you cancel your Contract we will: (a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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 and is subject to receiving the products in a satisfactory condition following their return. See our Returns Policy for information about what handling is acceptable and examples. 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, we will deduct an appropriate amount from the credit card, debit card or online payment account used to make the payment; (b) refund any delivery costs you have paid; (c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below: (i) if you have received the Product: 14 days after 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 9.7; and (ii) if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
9.5If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6We will refund you on the credit card, debit card or online payment account used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
9.7If a Product has been delivered to you before you decide to cancel your Contract: (a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns Policy for our returns address, printable returns labels and information about the methods of return we accept.
9.8As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms.
10.1Estimated delivery dates are set out in our Delivery Policy Delivery dates are estimates only, and are based on next day dispatch for all orders placed with us before 12.00 am (CET). Occasionally our delivery to you may be affected by an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Please note that, if you are a business, we reserve the right to charge you a reasonable amount for storage of the Products at our premises where you fail to accept delivery.
10.3Delivery of an Order shall be completed when we deliver the Products to the address you gave us and, if you are a consumer, the Products will be your responsibility from that time. If you are a business, responsibility for (and risk in) the Products shall pass to you from the moment we dispatch them from our premises.
10.4You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.5 only applies if you are a consumer.
10.5If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply: (a) we have refused to deliver the Products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7If you do choose to cancel your Order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.8Where you are a business, time for delivery shall not be of the essence of the Contract.
11.1We deliver to the following countries: Ireland, UK, Belgium, France, Germany, Luxembourg, Netherlands, Denmark, Finland, Italy, Portugal, Spain, Sweden, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Norway and Switzerland. Please review the information in our Delivery Policy carefully before ordering Products.
11.2If you order Products from our sites for delivery to any international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.4You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law. We cannot guarantee that the Products are compliant with the applicable laws and regulations of the country for which the Products are destined, and cannot accept any responsibility where the Products are in breach of any such laws.
11.5Where you are a business, any delivery shall be made ex works in accordance with Incoterms® 2010.
12.Price of products and delivery charges
12.1The prices of the Products will be as quoted on our sites at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Products you have ordered.
12.2Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being, where you are based in the UK, or, where you are based elsewhere, the current rate chargeable in the Republic of Ireland for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Policy
12.5Our sites contain a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our sites may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13.How to pay
13.1You can only pay for Products using a debit card, credit card, via PayPal or via Discover. We accept MasterCard or Visa credit cards only (or any debit cards using the MasterCard or Visa logos).
13.2Payment for the Products and all applicable delivery charges is in advance.
14.Our liability if you are a business
This clause 14 only applies if you are a business customer.
14.1We only supply the Products for internal use by your business or for retail sale directly to consumers or end users, and you agree not to use the Product for the purposes of wholesale to any other business.
14.2Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.
14.3Subject to clause 14.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e loss of goodwill; or (f) any indirect or consequential loss.
14.4Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we are not be responsible for ensuring that the Products are suitable for your purposes [and do not represent, undertake or warrant that the Products are in any way suitable for, or intended to, protect any IPad® or other tablet device with which they are used from damage in the event that the tablet device is dropped or mishandled, and can accept no liability whatsoever in respect of same.
15.Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
15.2We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
16.Events outside our control
16.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2An 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, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
17.Communications between us
17.1When we refer, in these Terms, to “in writing”, this will include e-mail.
17.2If you are a consumer, you can e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 00 353 (0) 1901 1713 or by post to Customer Services, Koooky SLU, Unit B3, Deerpark Industrial Estate, Oranmore, Co. Galway, Ireland. If you are emailing us or writing to us please include details of your order number to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.
17.3If you are a business and wish to give us formal notice of any matter in accordance with these Terms: (a) any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail (b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at registered office at Placa Guillemo Num. 3, 1R Pis. Andorra La Vella, AD500; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission; (c) in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee; and (d) the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17.4If you are a business and you wish to contact us for any other reason other than as set out in clause 17.3 you can contact us by telephoning our customer service team at 00 353(0) 1901 1713 or by e-mailing us at email@example.com.
18.Other important terms
18.1We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
18.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3Any Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.4Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our sites and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
18.7If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
18.9We will not file a copy of any Contract between you and us.