Terms & Conditions
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
1. Who we are
We’re an enthusiastic bunch. We love a bit of wit. And everything we do, we do with integrity. Uk.koh.com is where we call home. It’s our website (‘Site’) operated by us, Koh Europe Ltd Company Number 11333689 of C/O Womble Bond Dickinson (UK) LLP The Spark, Drayman’s Way, Newcastle Helix, Newcastle Upon Tyne, United Kingdom, NE4 5DE. ‘Koh’, ‘us, ‘we’, and ‘our’). ‘You’ means you, the individual or company using our site.
2. By using our Site you accept these terms
Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or referred to in this document (Terms of Use). By using and accessing our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use or access our Site.
3. How you may use material on our Site
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. Security, viruses and links
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. Cookies
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. User-Generated Content
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.
7.6 We will always attribute your UGC to you (after all, we know just how much effort goes into creating it!) and you consent to attribution by either your full name, username or social media handle. You waive any other moral or performers’ rights and any right of confidentiality that you may have in connection with the UGC.
7.7 You acknowledge that we are not required to pay or compensate you for our use of the UGC in our Marketing materials.
7.8 You must own, or have a licence for, all rights in the UGC, including without limitation intellectual property rights, that you upload to our Site or social media channels. You warrant and represent that all of the UGC is your own work (or is properly licensed to you) and that your use of and licence of it to us does not infringe any intellectual property or other rights of any third party.
7.9 You understand and acknowledge that you are responsible for any UGC you submit or contribute and you (not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
7.10 You agree to release Koh from any claims, actions or liabilities of any kind whatsoever (whether current or future) related in any way to Koh’s use of the UGC pursuant to these Terms of Use, except to the extent that such liability arises as a result of, or is contributed to by Koh.
7.11 You acknowledge that the UGC may be displayed, distributed or used in our Marketing, together with your name and other identifying information provided to us, including without limitation any social media identifier, handle, profile picture or likeness.
7.12 We will only use your UGC in accordance with our Privacy Policy and in accordance with these Terms of Use.
7.13 You agree that all UGC must comply with our Content Standards (as defined in clause 8 below). Koh may remove, refuse to use or take any other action with respect to any UGC if it is not consistent with our Content Standards or for any other reason at any time in our sole discretion.
8. Keep it Clean
8.1 UGC uploaded to the Site or social media channels must not:
- be, or contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or inappropriate as determined by Koh;
- contain or promote sexual or pornographic material, violence, or any form of discrimination;
- infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- be likely to deceive or impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us; and
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, advertising or any other form of solicitation or unauthorised communication; (together the “Content Standards”).
8.2 By uploading UGC to the Site or our social media channels, you warrant that the UGC complies with the Content Standards and you indemnify us for any breach of that warranty except to the extent that we caused or contributed to that loss. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or social media channels will cease immediately.
9. Rules about linking to our Site
You may link to our Site if you first obtain consent from us by contacting careuk@koh.com. Any linking must be done in a way that is fair and legal and does not damage our reputation. The website in which you are linking must comply in all respects with the Content Standards.
10. Our trade marks
"KOH" and all related names, logos, Product and service names, designs and slogans are our trade marks. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under clause 7.
11. Prohibited uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- 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.
11.1 Additionally, you agree not to:
- 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.
11.2 In the event of such a breach, your right to use our Site will cease immediately.
12. Disclaimer
While we endeavour to take reasonable care in preparing and maintaining the information on the Site, we make no representation about the accuracy, reliability, adequacy, completeness or timeliness of the content, including the price of any Products available for purchase from our Koh Online Store. The content may contain inaccuracies or typographical errors. The content is subject to change at any time without notice and may not be up to date or accurate at the time you view it.
13. Limitation of liability
13.1 In no event will we be liable for damages of any kind, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.2 Nothing in these Terms of Use affects any liability which cannot be excluded or limited under applicable law. 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 and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by English law.
14. Termination
The Terms of Use are effective until terminated by us. In addition to any other rights set out in these Terms of Use, we may terminate these Terms of Use and your access to this Site in our absolute and sole discretion at any time without notice. In the event of termination, you are no longer authorised to access or use this Site. All restrictions imposed on you, together with all disclaimers, limitations of liability and indemnities set out in the Terms of Use, will survive the termination of these Terms of Use and will continue in full force and effect.
Part B: Terms of Sale
Please read these Terms of Sale carefully before ordering any Products from the Koh Online Store
15. Application of these Terms of Sale
15.1 All purchases of Products from the online store made available on the Site (Koh Online Store) will be governed by the following terms of sale, including any other terms and conditions which may be notified to you at the time of placing your order, for example, promotional terms and conditions (Terms of Sale).
15.2 By ordering Products, you agree to be bound by these Terms of Sale.
15.3 In addition to the Terms of Sale, by ordering any Products via the Koh Online Store you acknowledge and agree that your use of the Site will be governed by:
- our Terms of Use; and
- our Privacy Policy, and you:
- agree to comply with the Terms of Use; and
- consent to Koh’s use of your personal information in accordance with the Privacy Policy.
16. You must keep your account details safe
16.1 If you create an account on the Koh Online Store you are responsible for:
- 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
17. Use of the Koh Online Store
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. Placing an order
18.1 To be able to buy Products you must:
- read and accept these Terms of Sale;
- provide your name and address, phone number, email address, payment details and other required information;
- provide a delivery address within the United Kingdom; and
- be aged 18 years or over.
18.2 You may place an order by clicking on the "ADD TO CART" button and proceeding to the checkout page.
18.3 You will be provided with an opportunity to review your order, read and accept the Terms of Sale, check the total price of your order and the information you have provided and correct any input errors before confirming your order. We will not be responsible for any delay or failure to process your order if it is not completed properly or accurately.
19. Processing and Contract Formation
Once you have submitted and confirmed your order using the Koh Online Store, we will send an email to the email address you provided, acknowledging receipt of the order and setting out details of the ordered Products (Order Receipt Confirmation Email).
20. Koh’s rights in respect of an order
20.1 We may reject all or part of an order in our sole discretion for any reason, including without limitation in the case of abnormal orders and orders which we suspect are not placed in accordance with these Terms of Sale or orders in response to incorrect offers on the Koh Online Store made as a result of human, system or technology error (including errors in the image, description or price).
20.2 We may from time to time impose quantity restrictions or limits on the Products you can order. Any quantity or total value restrictions will be stated on the Koh Online Store or communicated to you at the time of placing your order or otherwise communicated to you. If we reject an order on the basis of the quantity restrictions we will contact you to alert you that we cannot process the order and to notify you of any refund of any money paid for that order.
20.3 If we notice a pattern of orders or purchase activity that appears abnormal then we may suspend or deactivate that account and any associated accounts in our sole discretion. If we suspend or deactivate your account and you believe that this was done in error please contact careuk@koh.com.
20.4 If, after receiving your order, we are unable to fulfil that order, we will contact you to discuss the order.
20.5 We will email you to confirm that your order has been dispatched (Shipment Confirmation Email).
20.6 The contract will only relate to those Products which have been dispatched and are listed in the Shipment Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation Email.
21. Prices, Shipping and Handling, Charges and Taxes
21.1 The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation Email and in your Shipping Confirmation Email. If you place additional or separate orders after receiving the Order Receipt Confirmation these will be separate transactions and you will incur additional shipping and handling charges for such additional orders.
21.2 If there is a pricing error, whether on the Koh Online Store or in an Order Receipt Confirmation Email or otherwise, then to the extent permitted by law, Koh has the right to correct such error and charge the correct price or cancel the order.
21.3 Prices for the Products as shown on the Site include VAT or other applicable taxes but do not include charges for shipping and handling.
21.4 Separate charges for shipping, handling and their related VAT or other taxes will be shown in your Order Receipt Confirmation Email and can be viewed on a summary screen during the check-out process, prior to finalising your order.
21.5 Prices for Products and for shipping and handling may be changed at any time without notice to you, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation Email.
21.6 Savings on value and refill bundles are on full priced products when purchased individually.
22. Promotional Codes
From time to time promotional codes may be offered to the public or individual customers. To redeem a promotional code, the code should be entered during check out (of a valid transaction) when prompted. A maximum of one promotional code will be permitted per transaction. Promotional codes cannot be used in conjunction with any other offer including other promotional codes and/or gift with purchase promotions. Promotional codes cannot be exchanged for cash. Promotional codes cannot be used retroactively on orders that have already been placed. Delivery charges are excluded from the calculation of % off discount promotional codes
23. Payment
23.1 Payment must be made by VISA, MasterCard, American Express or PayPal. The name on the credit card must be the same as the name of the person placing the order.
23.2 If we do not receive the authorisation that the payment has been processed, we will cancel your order.
23.3 The value of your purchase will be settled from the applicable card when the order is placed.
23.4 If your credit card payment cannot be processed you will be notified of this on the Koh Online Store. You will then need to contact the card issuer and endeavour to resolve the issue directly.
24. Delivery
24.1 Your order will be despatched on the next business day after receipt of your order, provided that your order is received before 3pm (UK time) on the day of your order. Your order will be delivered in 3-5 business days following despatch.
24.2 If we cannot deliver your order within the period specified in your Shipping Confirmation Email then we (or our shipping service provider) will endeavour to contact you.
24.3 If you unreasonably defer or delay delivery after the shipping provider has notified you that they have tried to deliver the ordered items to you, or if you have provided them with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
24.4 If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged during transportation, please immediately contact careuk@koh.com for assistance.
25. Events outside of our control
We will not be responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond our reasonable control including but not limited to:
- 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.
26. Product Availability
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.
27. Title to Products
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. ‘Refer a friend’ terms and conditions
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. Quality and Packing
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
(b) comply with all applicable statutory and regulatory requirements.
30. Returns
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. 30 Day Guarantee
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. Liability, Exclusions and Limitations
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;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) breach of section 2 of the Consumer Protection Act 1987.
33. Privacy
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];
34. Termination
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.
Part C: General
35. We may make changes to these Terms and the Site
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.
36. We may suspend or withdraw our Site
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.
37. Eligibility to use our Site
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. Transfer of rights and obligations
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.
39. Entire agreement
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.
40. Severability
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. Third Party Rights
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.
42. Applicable law
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.
43. Jurisdiction
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.
Part D: Privacy Policy
At Koh we are committed to protecting and respecting your privacy.
Our privacy policy (including any other documents referred to in it) sets out the basis on which we process any personal data that we collect from you or about you that you provide to us or that we receive from other sources. By processing, we mean when we collect, use, store, delete and otherwise manipulate or access personal data.
If we ask you to provide information from which you can be identified, including as a result of using our website, it will be used in accordance with this privacy policy, as it is varied from time to time.
Please read this policy carefully to understand our practices regarding your personal data and how we will treat it. We recommend that, from time to time, you visit our website to review this policy to stay up to date with any changes to it.
If you would like to read more about how Koh processes personal data, you can find a more detailed description in our FAQs
What establishes our data protection obligations to you?
Koh is required to process your personal data in accordance with the law. The Data Protection Act 1998 (DPA) implements the EU Data Protection Directive 1995 (EU Directive 95/46/EC). From 25 May 2018, the General Data Protection Regulation 2016 (EU Regulation 2016/679) came into force; it replaces the DPA.This privacy policy complies with the DPA, and has been updated to comply with the General Data Protection Regulation 2016 (the “GDPR”).
Who is the Data Controller for Koh?
A data controller is a person or persons who determine the purposes and means by which personal data is processed. In other words, at Koh, we are a data controller and we require information about you in order to do business.
How does Koh collect this personal data?
Information that you give to us, this is the personal data that you provide to us, for example by filling in forms on our website https://uk.koh.com or by corresponding with us by phone, e-mail, post, social media or otherwise. This personal data would relate to the purchase of goods from Koh. To find out more about the purposes for which we intend to use this personal data and how long we keep that data, please view our FAQs
Information that we receive from other sources
We will notify you when we receive information about you from third parties. To find out more about the personal data that we collect from third parties, the purposes for which we intend to use this, and how long we keep that data, please view our FAQs
Information we collect when visiting our website
In line with our information security standards, we monitor website behaviour through Google Analytics. We collect information about how each visitor uses our site. This is then used to compile reports and to help us improve our site.
Information is collected in an anonymous form, including:
- the number of visitors to the site
- where visitors have come to the site from
- the pages visited
Koh wants to provide you with the best possible service. We are always looking for ways to improve. This includes improving our website so that it provides the information that you need on a regularly updated basis and in an easily accessible way.
Cookies on the Koh website
To improve and keep our website up-to-date, we collect information about your visit and we may share some of this information with our third party data analytics service providers to help us assess and improve our website. When this website data is shared with third parties, it will be provided as anonymised, aggregated data with personal data no longer identifiable.
Like most websites, our website uses cookies to distinguish you from other users. These are small text files stored in your web browser which can identify you (or your device) when visiting our website. This helps us to check on the effectiveness of your experience and devise ways to improve our website to improve its content, search functions and make it more user friendly.
Information that we may collect from your visit includes your device’s Internet protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times and length of visits to certain pages.
For more information on our use of cookies, view our cookie policy.
For what purposes does Koh collect and use your personal data?
Koh processes the personal data held about you in the following ways:
- to help us deliver your goods
- to manage your purchases
- to manage any refunds
- to provide you with updates and alerts, such as the estimated time for the
- delivery of your orders
- to monitor our work and maintain our records
- to administer and improve our website and other communications with you
- to enable compliance with statutory and legal obligations
- to detect and prevent fraud
- to respond to any complaint that you might make
- to answer general enquiries that you may make
- to conduct market research (unless required by a regulatory body or where we have your permission or are permitted to do so by law) or for marketing purposes
- to pass it to a third party for that party’s or any other party’s purposes
- to sell it to a third party
When does Koh disclose personal data?
It may be necessary for Koh to share your personal data with others, including:
- other entities in the Koh group of companies
- our third party business partners, suppliers, analytics providers that assist us
- with improvement of our website
- credit reference agencies and other companies and organisations for the
- purpose of fraud prevention and credit risk reduction,
- government agencies and independent regulatory bodies
and as might be required by law, including compliance with any court order or legal obligation.
In the event that Koh (or substantially all of its assets) were to be acquired by or merged with a third party, the personal data held by us about our customers would be included amongst the assets transferred or shared. If we were to sell or buy any business or assets, we may disclose personal data held by us to the prospective seller or buyer under strict confidentiality terms.
When entering into any agreements that involve the sharing or disclosure of personal data, Koh requires that these third parties comply with our data protection and information security policies or have substantially similar policies of their own in place.
Where does Koh store your personal data?
Koh has put in place appropriate technical and organisational measures to prevent accidental loss, damage or destruction of your personal data and to protect your personal data against unauthorised or unlawful use or theft. We put in place strict confidentiality agreements including data protection obligations with our third party service providers and data processors.
Your personal data may be transferred outside the European Economic Area (EEA) where processing activities such as technical support, storage and backup may be provided. When this data is sent outside the EEA, we shall ensure its secure transfer and that appropriate safeguards are in place for the processing of your personal data in accordance with this policy and the requirements set out in the GDPR.
What are your rights?
The GDPR provides you with a number of rights in relation to your personal data. These include rights to the rectification or erasure of your personal data, and to restrict or object to its processing.
Rectification
If you find that any of the personal data that we hold about you is inaccurate, incomplete or contains errors, please notify us in writing and we shall undertake to make the appropriate corrections at the earliest opportunity.
Erasure
Should you wish to have some or all of your personal data erased, we will endeavour to do so although there may be instances where legitimate interests or the performance of our statutory obligations prevent us from doing so. The erasure of your personal data could result in an inability to provide you with some or all of our services.
Restriction or Objection
If you wish to object to or restrict how your personal data is processed by us, you can do so by writing to us. Please see our contact details below. Please be aware that such requests could result in an inability to provide you with some or all of our services. You also have the right to data portability and to make a data subject access request.
Portability
You may request that Koh provide the personal data that we hold about you to another data controller in a structured, commonly used and machine-readable format.
Access
You may request to be told whether or not personal data about you is being processed by Koh. If your personal data is being processed, you are entitled to receive a response from us that provides you with a description of that personal data, the purpose for which it is processed, the recipients or category of recipients to whom that data is disclosed (including any recipients located outside the EEA), the source of the personal data and information about its retention and storage. A copy of the personal data that is undergoing processing shall be provided to you.
To make such requests, it is advisable to do so in writing and to address this communication to our Data Protection Officer, Koh Europe Ltd, C/O Womble Bond Dickinson (UK) LLP The Spark, Drayman’s Way, Newcastle Helix, Newcastle Upon Tyne, United Kingdom, NE4 5DE. You can also email careuk@koh.com
Changes to our Privacy Policy
If in the future we make any changes to our privacy policy, the latest version of our privacy policy will be posted on our website.
Text Marketing and notifications
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form, or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted for as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
Use of cookies by Koh
Cookies are small text files that are placed on your computer by websites that you visit. They are used widely to make websites work or work more efficiently, as well as to provide information to us.
The table below explains the cookies we use and why.
| Cookies | Name | Purpose |
| Google Analytics | _utma _utmb _utmc _utmz |
The cookies are used to collect information about how each visitor uses our site. We use the information to compile reports and to help us improve our site.
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Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
Opting out
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
