Terms and Conditions

Hello! Looks like you’ve made it to our incredibly thorough and detailed terms and conditions page. If you love reading dense legal protections, rights, and duties, then boy have we got a treat for you!

These Terms and Conditions are made up of:

(i) Part A - Terms of Use of Website;

(ii) Part B - Terms of Sale;

(iii) Part C – General;

Together we refer to these as the ‘terms’ or ‘terms of use’. So, buckle up and let’s get started...

Part A: Terms of Use of Website

We are the owner or the licensee of all intellectual property rights (including but not limited to copyright and trade marks) on our Site and in the material published on it.

All materials displayed on the Site, including without limitation all information, text, photographs, illustrations, artwork and other graphic materials are the property of Koh or its related companies or their suppliers and/or licensors unless indicated otherwise on the Site and are protected by copyright, trade mark and other intellectual property laws and treaties around the world. All such rights are reserved.

You may download extracts of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

4. Do not rely on information on this Site

This Site is provided on an "as is" and "as available" basis and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

5.1 Koh does not warrant that any of the functions contained on the Site or your access to the Koh Site will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.

5.2 Although we work very hard to prevent third parties from interfering with our Site, we cannot guarantee that it will always be secure or free from bugs or viruses. We recommend that you use virus protection software when using any website and that you take precautions to ensure that the process that you employ for accessing our Site is secure and does not expose you to interference which may damage your computer system. We do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of our Site.

5.3 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Your access to such third party websites is at your own risk and subject to the terms and conditions of use for those websites.

6.1 When you access our Site, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our Site without bothering you with a request to register. It also enables us to keep track of Products or services you view so that, if you consent, we can send you news about those Products or services. We also use cookies to measure traffic patterns, to determine which areas of our Site have been visited and to measure transaction patterns in the aggregate.

We use this to research our users’ habits so that we can improve our online Products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. 6.2 We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the Site, track users movements and gather broad demographic information.

7.1 This Site and our social media channels allow users to upload content in connection with the Koh brand or Koh Products available for sale on the Site (Products), including text, commentary, testimonials, photos, graphics, images, audio, video and other information or material (User-Generated Content or UGC).

7.2 If we like your UGC, we may ask for your permission to feature your User- Generated Content on our Site, social media channels or in our marketing, advertising or promotional emails and materials (Marketing). If you reply to our request with the hashtag - #YesKoh - or otherwise in an affirmative manner, this will indicate your agreement to the terms applicable to the UGC as set out in clauses 1 - 7.13 and our use of the UGC.

7.3 If you have not been contacted by Koh, but in any case upload UGC to the Site or our social media channels, you will be deemed to have consented to this clause 7 by uploading the UGC. If you do not agree to the terms of use of UGC as set out in this clause 7, you should not proceed to upload the UGC.

7.4 You grant Koh a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, transferable and sub-licensable licence to use, publish, reproduce and modify the UGC in any manner to be determined by Koh (including but not limited to in our Marketing) in any media used now or in the future. We may sub-licence this right to our related companies, sub-contractors, licensees, assigns and third party service providers (Koh Licensees).

7.5 Koh may use, vary, display, modify, reproduce, distribute, disclose, create further works from or edit your UGC in any manner in our discretion.

• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
• to transmit, or procure the sending of, any advertising or promotional material;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• otherwise attempt to interfere with the proper working of the Site.

• maintaining the confidentiality of your username and password;
• restricting access to your password; and
• all activities and each purchase that occurs under your account unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.

If you know or suspect that anyone other than you knows the password for your user account, you must promptly notify us at careuk@koh.com

You warrant that all Products purchased from the Koh Online Store are being purchased for personal use (not commercial use) and will not be resold or resupplied.

18.1 To be able to buy Products you must:

• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• strikes or lock-outs (or other industrial action);
• national or local states of emergency;
• failure of transportation facilities, power or utility outages, earthquake, fire,
• explosion, storm, flood, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
• the acts, decrees, legislation, regulations or restrictions of any government.

Our performance is deemed to be suspended for the period that the above continues.

We use reasonable efforts to ensure the availability of Products you order from the Koh Online Store but at times, Products may be out of stock or not available for reasons beyond our control.

We retain full legal title to Products until we have received in full all amounts payable for the Products and you have received your Shipping Confirmation Email. The Products will be at your risk from the time of delivery.

28.1 We may make discounts codes or promotional items available where you refer your friends to our Site (Referral Offer). Where we make Referral Offers available to you to refer a friend to our Site, the following conditions apply:

(a) only one Referral Offer may be redeemed in any transaction in the Koh Online Store;

(b) the communication containing the Referral Offer must be created in a personal, non-commercial manner; and

(c) communications via bulk circulation to individuals other than family and friends and any other conduct that Koh determines (in its sole discretion) may constitute actual or attempted fraud are prohibited.

28.2 We reserve the right to invalidate any such Referral Offer, withdraw a Referral Offer and terminate your use of this Site immediately if these terms and conditions are not complied with in connection with any Referral Offer.

29.1 The Products shall:

(a) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose held out by us; and

30.1 If you believe a Product you have ordered is defective or damaged, please contact careuk@koh.com

30.2 We may request that you send us evidence of the damage (by way of photograph).

30.3 We will provide instructions for the return of the Product. Once we have received and validated your returned Product, we will send you an email to confirm the validation. Your return will then be processed by us and confirmed to you by email. We will notify you whether the Product will be replaced or refunded. Once the Product has been replaced or refunded, we will have no further liability to you for the rejected Products’ failure to comply with clause 30.

30.4 You have additional rights under English law that are not limited by this policy, including where the Products are defective.

31.1 If, within 30 days of receipt of your Products, you are not totally satisfied with the Products or have changed your mind, you may return the Products and receive a full refund of the price you paid for the Products, the original postage charges and any return postage charges to send the Product back to us, if applicable (which will be an amount equivalent to the original postage price that you paid for delivery of the Products to you) (30 Day Money Back Guarantee). You must pay the costs of returning the Products to us, unless it is found that the Products were defective, in which case your claim will be dealt with in accordance with condition 30 of these Terms of Sale.

31.2 This policy only applies to Products purchased on the Koh Online Store.

31.3 Once we have received and validated your returned Products, we will send you an email to confirm the validation. Your refund will then be processed by us and confirmed to you by email.

32.1 Nothing in these Terms of Sale excludes, restricts, modifies or limits your rights and remedies under, or the application of English law.

32.2 The only conditions, guarantees and warranties which are binding on us in respect of the Products and services supplied by us on the Koh Online Store are those expressly set out in these Terms of Sale or required to be binding by statute. To the fullest extent permitted by law all other terms and conditions, concerning the quality or condition of any Products or goods, information, service, material, advice or recommendation supplied by us to you through the Koh Online Store are excluded.

32.3 If we breach any term or condition and our liability cannot be lawfully excluded but can be lawfully limited, then to the extent permitted by law and without excluding, restricting, modifying or limiting your rights and remedies under English law, our liability for such breach is limited at our election to either: (a) resupplying the Products (or equivalent goods) you have purchased in respect of which the claim arises; or (b) paying you the amount you paid us for those Products.

32.4 To the fullest extent permitted by law, we have no liability to you or any other person, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation or otherwise for any loss of or anticipated profit, loss or corruption of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage however caused which may be suffered or incurred or which may arise from or in connection with your use of the Site, Koh Online Store or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or our negligence or our breach of our obligations under these Terms of Sale.

32.5 Nothing in these Terms of Sale shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

By purchasing any Products from us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy, a copy of which is available further below [scroll down];

Without prejudice to our termination or other rights under any other provision of these Terms of Sale or applicable law, we may at any time prior to delivering the Products to you, immediately terminate the contract for the supply of Products to you if:

• in our reasonable opinion you breach these Terms of Sale and the breach is not capable of being remedied; or
• you breach these Terms of Sale, the breach is capable of being remedied, and you fail to remedy the breach after we have given you 7 days to remedy the breach.

If we terminate the contract pursuant to this clause, we will refund any money already received for that order.

We revise these Terms from time to time. Any changes to these Terms will be effective on the date on which they are posted on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time. We may also update and change our Site from time to time to reflect changes to our products, our customers' needs and our business priorities. 

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

Our Site is directed to users who are at least 18 years of age and are residing in and using this Site within the United Kingdom. We do not represent that content available on or throughout our Site is appropriate for use or available in other locations. If you access our Site from outside the United Kingdom, you do at your own risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

38.1 These Terms are binding on you and us, and on any person to whom we might transfer its rights.

38.2 You must not transfer, assign, charge or otherwise deal with a contract with us, or any of your rights or obligations arising under it, without our prior written consent.

38.3 We may transfer, assign, charge, sub-contract or otherwise deal with a contract with you, or any of our rights or obligations arising under it, at any time.

These Terms and any document expressly referred to in them represents the entire agreement between us and you and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

You acknowledge that, in entering into a contract with us, you have not relied on any representation, undertaking or promise given by us or any third party or implied from anything said or written in negotiations between us except as expressly stated in these Terms.

If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of it unenforceable, illegal or void, then that provision is severed and the rest of these Terms remain in force.

41.1 Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation are governed by and construed in accordance with the law of England and Wales.

We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.