Terms and Conditions

1.1 The terms and conditions are legally binding. Please check carefully these Terms and Conditions and ensure You understand them prior to using the Website and/or making an Order. These Terms and Conditions constitute a legally binding agreement between:

(a) Koto Living and You, in the context of Your use of this Website; and

(b) You and the relevant Retailer who is the seller of those Products, in the context of the Contract for Your purchase of Products. As expanded upon below (see Sections 4.2 and 4.3) we conclude this Contract as the agent for the relevant Retailer.

1.2 Consumers only. The Products and other services provided on this Website are exclusively for consumers – they are to be used solely for non-commercial, non-business, private purposes by consumers. By accepting these Terms and Conditions You guarantee to Us that You are a consumer and not acting with the interests of a business.

1.3 Termination. Koto Living may alter or terminate the availability of the Website and at any time without prior notice.

1.4 Acceptance. By using this Website or purchasing any Products, You agree to be bound by these Terms and Conditions. If You do not accept these Terms and Conditions, You must not access the Website nor purchase any Products and You should stop using the Website immediately.

2. Definitions

When We employ certain capitalised words in these Terms and Conditions, they have the meaning specified in Section 2 or in the sentence that contains that term’s definition. Definitions will be easily detectable by looking out for terms that resemble this: (“Defined Term”).

2.1 “Contract” is defined as the contract for the sale and purchase of the Products between the relevant Retailer and You (as outlined on a Product’s listing and Your Order confirmation email), which incorporates these Terms and Conditions.

2.2 “Order” is defined as Your order for the purchase of Product(s) from a Retailer that You place through the Website. All derivatives of the word “Order” (such as “Ordering”) should be interpreted in the context of this definition.

2.3 “Listings” is defined as a summary on the Website of Products containing, but not limited to, a description of the Product, an image of the Product, and an inclusion of the then current price of the Product.

2.4 “Products” is defined as the Retailer’s goods, which it offers for sale on the Website on one or more occasions.

2.5 "Retailer” is defined as the Partner for whom Koto Living:

(a) markets, promotes and publishes Products through the Website; and

(b) accepts and processes Orders from end-users of the Website for those Products, as outlined in these Terms and Conditions.

2.6 “Terms and Conditions” is defined as the terms and conditions outlined on this page, together with the Koto Living policies explicitly referenced herein.

2.7 “You” and “Your” is defined as an end-user of the Website.

2.8 “Website” is defined as www.kotoliving.co.uk (including its subdomains)

3. Information about Koto Living and Our contact details

3.1 Who We are. “Koto Living” is the trading name of Koto Living Limited, a company incorporated and registered in England with company number 12904267 and whose registered office is at 1 Fosketh Terrace, Westward Ho!, EX39 1AG. In these Terms and Conditions, “We”, “Our” and “Us” are all references to Koto Living – however, in the context of the Contract, You should read these terms as references to the relevant Retailer from whom you Ordered the Products (for more detail see Section 4 and specifically Section 4.5)

3.2 How We may contact You. If We have to contact You We may do so by email to the address You provided when You completed the checkout process on the Website or that is registered on Your Account from time to time.

3.3 How to contact us. You can contact Koto Living by writing to: info@kotoliving.co.uk

4. How does Koto Living work?

4.1 Ordering on the Website. We operate the Website as an electronic marketing platform, on which Listings are uploaded by Us of our selected Retailers’ Products. These Products are made available by those Retailers to You, and Koto Living permits You to make Orders to pay for Products through the Website and have the Product(s) delivered to the address You specify.

4.2 Products may differ from their pictures. Koto Living strives to use the Listings to provide You the information You need to know the essential characteristics of the Products. Although We try to make sure they are as accurate as possible to the genuine product, any images shown in the Listings are for illustrative purposes only – it is possible that Your perception may not exactly match the relevant Product due to the digital method of presentation.

4.3 When is the Contract formed? The Contract is formed when the relevant Retailer confirms to Us that it has the relevant Products in stock and we send you an Order confirmation email to that effect. We will send You that Order confirmation email to the email address associated with Your Account or, if You check-out as a ‘guest’, to the email address You entered during the checkout process).

5. Payment

5.1 You authorise Us to charge Your payment card account. By placing an Order and providing Us with Your payment card details at checkout, You authorise Koto Living (acting by its payment processor) to charge the relevant account to take payment for Your Order. Koto Living will not be responsible for any losses you may incur if the payment method You use to pay for an Order does not contain adequate funds to cover the costs of that Order.

6. Delivery

6.1 Delivery estimates are not binding. Where You select to have them delivered, the Products You Order will be delivered by Retailers using a third-party courier service. Please note that any estimated delivery dates displayed on the Website, or in any confirmation email or webpage, are only estimates – they do not guarantee that the Products will arrive by that estimated delivery date. Furthermore, where parcels are held by customs clearance agencies, there may be significant delays to delivery. Unfortunately, these delays are beyond our control and we cannot accept responsibility for them. If You do not receive a delivery in time, You may cancel Your Order in accordance with the cancellation policy detailed below, as well as the practices described in Our Returns Policy.

6.2 Prices in Listing do not include the price of delivery. The prices shown on Listings for Products exclude delivery charges. Where You choose to have the Products delivered to You, the relevant delivery charges will be displayed to You during the checkout process.

6.3 Orders from outside the EU. If You Order Products from outside the EU, those Products may be subject to import duties, taxes, and potentially other fees levied by the logistics company (including, but not limited to: holding fees, entrance fees, abandonment fees) which are levied when the delivery reaches the specified destination. You, or the recipient of the Products if different, (and not Koto Living) will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and are unable to predict their amount. Please contact Your local customs office for further information before placing an Order for delivery from a location outside the EU. These charges are not included in your Order and will need to be paid locally upon receipt. If you refuse to pay the charges due on the parcel, it may be abandoned by customs authority and you will not be refunded. If there are any outstanding charges (including, but not limited to: holding fees, entrance fees, abandonment fees) these may be invoiced to you or deducted from any refunds due.

7. Returns

7.1 Returns Policy. Our Returns Policy details how and when You can return any Products You have Ordered and is incorporated into these Terms and Conditions by reference. We have set out Our policy on returns in a separate page to ensure that all necessary information is presented on an independent page, in a clear and accessible form – however, the contents of this page do not affect any rights You may have at law (the key ones of which are outlined in Section 9).

9. Summary of Your key legal rights

9.1 Returning faulty Products. The Products sold to You must be of satisfactory quality, fit for purpose and as described. This means that (having regard to the expected lifespan of the Product You Ordered) you are entitled to up to thirty days (30) to return the faulty Product. If the Products You received are faulty, then You can get a full refund (this refund will include costs of delivery and return).

9.2 Cancelling because You’ve changed Your mind. As You are purchasing the Products online You have a legal right to change Your mind within fourteen (14) days from delivery of the Products and receive a refund (including costs of delivery, but excluding the costs of return) There are some exemptions to this. Please see the policies from each of the brands on the delivery & returns page.

9.3 Refund method. In the first instance, We will try to refund any sums You are due under this Section 9 to the same payment method used for the relevant Order.

9.4 How to exercise these rights. To exercise the rights described in this Section 9, You should follow the procedures explained in Our Returns Policy.

10. Our right to vary these Terms and Conditions

10.1 Which Terms and Conditions apply? The Terms and Conditions (as incorporated into the Contract) that will apply to Your purchase of any Products will be those that are in force at the time You place Your Order. However, we may notify You of a relevant change to the Terms and Conditions that will materially affect Your Order before We send You the delivery confirmation. In this instance, You will need to confirm that You wish to proceed with Your Order.

10.2 Changes to these Terms and Conditions. From time to time, We may make changes to these Terms and Conditions. If We do so, we will upload those changes in an updated version of these Terms and Conditions on the Website.

11. Privacy and security policy

Our policies and procedures relating to Our use of Your ‘personal data’ are outlined in Our Privacy Policy. Please note that certain aspects of the Koto Living offering (including facilitating Orders and making this Website available) require the use and disclosure of Your ‘personal data’, without which We couldn’t provide You with those parts of the Koto Living offering.

12. Your conduct

12.1 No interference. You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.

12.2 No harmful material. By downloading and/or using the Website, You agree not to post, upload, e-mail or otherwise send or transmit any material that contains Trojan horses, worms, viruses or any other computer files, programs or code designed to limit, interrupt or destroy the functionality of any computer hardware or software or telecommunications equipment associated with the Website.

12.3 Other restrictions. You also agree not to:

(a) attempt to reverse engineer or license, sell, export, copy, modify, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the methods, processes, tools and infrastructure) that enables or underlies the Website;

(b) attempt to gain access to secured portions of the Website to which You do not possess access rights;

(d) behave in a offensive, vulgar, harassing or objectionable manner while using the Website;

(e) export or resell the software associated with the Website;

(f) use the Website to generate unsolicited spam or advertisements;

(g) impersonate any other person while using the Website;

(h) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or

13. Restrictions

In providing You with access to the Website, publishing Listings and permitting You to make Orders for Products via the Website, Koto Living reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Koto Living and agree that Koto Living shall have the following rights:

(a) the right to refuse or withdraw Your access to the Website in line with applicable laws (with or without notice) if We judge that You to have breached or violated any of these Terms and Conditions;

(b) the right to amend in part any Order or cancel any Order without giving You notice or any reason, save that in such circumstances Koto Living shall refund such part of the Order as has been cancelled by it;

(c) the right to report You to a judicial body or the police if Koto Living believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Products or otherwise) is or may be unlawful.

(d) the right to remove or amend any Listing without providing You with notice or any reason;

(e) the right to update or amend the Website, prices of any Products, and available payment methods from time to time;

14. Intellectual Property

14.1 Licence. Subject to these Terms and Conditions (in particular, the restrictions outlined in the following section), Koto Living grants You a licence to use and access the Website on the basis that this licence is:

(a) non-transferable – You cannot pass this right to someone else;

(b) not a commercial licence – You can only access and use the Website for Your own personal, non-commercial uses (i.e., not for Your business);

(d) revocable – We have the right to withdraw Your ability to use the Website in accordance with these Terms and Conditions; and

(e) limited – the licence does not extend beyond what has just been described above.

14.2 Ownership. Koto Living and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.

14.3 Termination of licence. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by Us under Section 14.1. Koto Living reserves the right to terminate the limited license without notice at any time following an unauthorised use by You of the Website.

14.4 All rights reserved. All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Koto Living’s property or the property of certain other third parties. You are not permitted to use these Marks without Koto Living’s prior written consent or the consent of such third parties that may own the relevant Marks.

15. Our liability

15.1 We are responsible to You only for foreseeable loss and damage caused by us. If We fail to comply with these Terms and Conditions, We are only responsible for loss or damage You incur that is a foreseeable result of Our breaching of these Terms and Conditions or failing to act with reasonable care and competence. We are not responsible for any loss or damage that is not a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and competence. We are not responsible for any loss or damage that is unforeseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms and Conditions are entered into, both We and You knew it might happen.

15.2 What We do not exclude. Nothing in these Terms and Conditions shall limit or exclude Our liability for:

(a) Your key legal rights described in Sections 9.1 and 9.2;

(b) death or personal injury resulting from Our negligence;

(d) any other liability that cannot be excluded or limited by English law.

15.3 We are not liable for business losses. This Website and the Products are only for private and domestic use. If You use the Products for any commercial, business or resale purpose We will have no liability to You for any loss of business, loss of profit, business interruption, or loss of business opportunity.

15.4 We are not liable for events outside Our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any non-happening, act, event, omission accident or Act of God beyond Our reasonable control. Our performance of Our obligations under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Terms and Conditions may be performed despite the Force Majeure Event.

15.5 We are not liable for Product unavailability. In case of unavailability of Products before or after Order, We will not be liable for any loss You suffer nor liable to You for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.

15.6 Website provided “as is”. Koto Living provides the Website “as is”. To the fullest extent that We are permitted to do so, We disclaim any implied terms as to merchantability, title, fitness for a particular purpose and non-infringement to the extent permissible under applicable law.

16. General

16.1 Nobody else has any rights under these Terms and Conditions. Although the Contract is between You and the relevant Retailer (as described in Section 4.2), all other aspects of the agreement formed under these Terms and Conditions are between You and Koto Living and no other person shall have any rights to enforce any of its Terms and Conditions.

16.2 Disputes. These Terms and Conditions are governed by English law and We both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if You are a citizen of a country in the EU, You may bring a claim to enforce Your consumer protection rights in connection with these Terms and Conditions in England or in the EU country in which You live.

16.3 Headings and Interpretation. The section titles in these Terms and Conditions are only for convenience and serve no legal or contractual effect. The word “including” means “including without limitation”.

16.4 Even if We delay enforcing Our rights under these Terms and Conditions, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of Your breaking these Terms and Conditions, that will not mean that You do not have to meet those requirements and it will not prevent Us taking steps against You at a later date.

16.5 If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates independently. If any court or relevant authority deems any of them unlawful, the remaining sections will remain in effect and full force.

16.6 Personal agreement. The agreement outlined in these Terms and Conditions, and each Contract, is personal to You and You cannot transfer any of Your rights under them to any other party without Our prior express written consent.

16.7 Email counts as “in writing”. When We use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, You: (a) consent to receiving communications from Us via email; and (b) agree that all communications that We provide to You via email meet any legal requirement that such communications would satisfy if it were in a hard copy.

16.8 Koto Living is able to transfer its rights under these Terms and Conditions to another party. Koto Living may transfer its rights and obligations under these Terms and Conditions to another organisation – for example, this could include another member of Koto Living’s group of companies or someone who buys its business. Koto Living will take reasonable steps to ensure that any such transfer does not affect Your rights under these Terms and Conditions.

16.9 Koto Living reserve the right to cancel an order at any point should there be issues with stock levels, unavailable items or a false listing.