The Company
KOUCH UK Limited (KOUCH) is a Company registered in England and Wales, with company number 14818754. Our registered office is Unit 3, Riverside 2, Campbell Road, Stoke on Trent, Staffordshire, United Kingdom, ST4 4RJ
KOUCH Upholstery pieces are handcrafted in the UK.
These Terms
These Terms and Conditions apply to all contracts between KOUCH and the Customer in relation to all sales of our products, services and third-party warranties procured or manufactured by us.
By placing an order with us you indicate that you accept and agree to these sales terms. Any order you place with us is not accepted until you receive an Order Confirmation by email. The contract with KOUCH will only be formed when we send you this Order Confirmation. This Sales Order is a binding contract between KOUCH and the Customer.
These terms apply to orders placed within the UK, with delivery to mainland UK only. If you purchase products from us and deliver to a region outside of the mainland UK, you agree these Terms and Conditions do not apply.
We reserve the right to change these Terms and Conditions from time-to-time. With this in mind, it is important that you check these Terms and Conditions every time you wish to place an order with us.
Nothing in these Terms and Conditions affect your consumer rights.
Definitions
- ‘Us’, ‘our’, ‘we’ – KOUCH UK Limited.
- ‘You’ – The Customer
- ‘Order Confirmation’ – The sales order, a binding contract between KOUCH and the customer. The Order Confirmation will be sent by email to you upon successful payment and acceptance of the order.
- ‘Manufacture’ – Sofa products that have been handcrafted and made by our Upholstery team.
- ‘Products’ – Any sofas, armchairs, footstools, cushions.
- Upholstery’ – Means a soft, padded textile covering that is fixed to furniture such as armchairs and sofas.
- ‘Sofa’ – Means a Product which has a long, upholstered seat with a back and arm/s for two or more people.
- ‘Successful delivery’ – A delivery that has been received by you, the customer in the address set out in the order confirmation unless otherwise agreed, in writing, with our nominated delivery provider.
- ‘On-specification,’ ‘specification’ – Products with pre-defined measurements, fabric, leg and cushion filling options that are listed on our Website in the sizes and fabrics as listed.
- ‘Made-to-order’ – Products within our range, manufactured to pre-defined specifications as stated on our Website. The product is manufactured based on your order selection, within a set lead-time given at the point of order.
- ‘3 YEAR’ – Pertaining to the guarantee on frames, for as long as you, the original purchaser, own and possess the product, and adhere to the care guidelines.
- ‘Sample” – Display product and its components or fabric swatch.
- ‘Swatch’ – A small fabric sample available to order free of charge on our website.
- ‘Consumer rights’ – your rights as explained in the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
- ‘UK Mainland’ – this is the main island of Britain; it excludes Northern Ireland and any islands that are geographically separate from the main island of Britain.
- ‘Website’ – www.KOUCH.uk and our associated web pages.
Purchasing Summary – see sections for full details.
- Order amendments need to be made within 24 hours of the order being placed – see Amendments.
- Orders applicable to a return will be subject to a collection fee of £130 for up to 2 pieces, additional charges apply for 3+ pieces.
- Lead-times are an estimate at the time of order and can be impacted by raw materials outside of our reasonable control – see Deliveries.
- In order to receive your items as quickly as possible, it is preferable to accept the first delivery date given, otherwise a further 14 days may be added to your lead-time dependant on location – see Deliveries.
Regions Covered
- Our standard delivery charges £149 for a single furniture item, or £199 for 3 items or £249 for 5 items. This covers orders to mainland UK only. Exclusions apply, outlined below.
- We charge a higher delivery rate to the following postcodes: IV, KW, HS, AB, PA, TR, SY, LL, PH, ZE (these postcodes are excluded from any free delivery promotions) Price on application applies and will also apply to collections. Lead-times may change according to these locations.
- For Channel Islands, Isle of Wight, and Scottish Islands, these orders are priced on application. Please call our dedicated team on our Customer Service line to quote you a delivery charge and to complete your order. Unfortunately, these areas are excluded from any free delivery promotion. Lead-times may change according to these locations.
- For all other and overseas requests, KOUCH will deliver to your choice of address in mainland UK, in which You, the Customer, agree to take responsibility of its onward delivery to your chosen destination by your choice of 3rd party service provider. You, the Customer, also agree to take responsibility for any orders delivered and held in storage at your discretion. KOUCH do not take responsibility for any damage or losses made by any 3rd party provider, beyond any delivery that we have made.
- Please note that our delivery and returns policies differ according to whether you are resident in the UK Mainland, non-UK Mainland or outside the UK.
Products
- All of our sofas are manufactured in the UK and are exclusive to KOUCH.
- We offer Products in our ranges across Made-to-Order, Ready-Made (stocked items)
- All products are subject to availability. All materials for Made-to-Order are purchased according to your choice. Stock availability, where applicable, provided on our website is an estimate and cannot be guaranteed.
- Our Products are intended solely for domestic use in the UK. We give no guarantees or undertakings in respect of the use of our products for commercial or contract purposes. By agreeing to these Terms and Conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our products and that you have no rights to cancel this purchase if you are purchasing the product in a business capacity (except in accordance with clause). For any Commercial requirements, please contact customerservices@KOUCH.uk
- Due to the handmade and batch manufacture process, there may be differences between samples, swatches, and manufacture – these are normal and should not be considered a design fault. With the effect that no two products are identical, and no product may exactly match any sample, including variations to products sampled on our website, or in other media.
- We offer the handmade made-to-order product as stipulated on our website at any given time. We do not offer changes to any measurements or variations outside of our specifications. All our products are handcrafted; therefore, you should allow +/- 3cm tolerance on measurements provided in the product specifications.
- It is your sole responsibility to choose the colour and quality of the fabrics suitable for the purpose of your order, and to take all appropriate measurements in your property to ensure that the dimensions of those Products are suitable for your intended use of them. KOUCH will not be liable for any improper use of fabrics.
- All descriptions of Products are correct at the time of publication. We continually strive to improve our product range and reserve the right to amend the specification of Products without prior notice in relation to future sales.
- Occasionally we experience difficulties in supplying certain Products and fabrics and we may need to substitute them with alternatives of equal or better standard and value. We will contact you to let you know if we intend to do this and your order will be put on hold pending your written acceptance of the change, an appropriate substitute may not always be possible. If you do not accept a substitute that is materially different from the Product you originally ordered, we will cancel your order for the relevant Product and provide you with a full refund.
- KOUCH products are water resistant, not waterproof and should not be left outside for prolonged periods of severe and wet weather conditions. If left outside the product must be covered with a waterproof cover. KOUCH will not accept liability for any product left unprotected.
Fabrics & Feet
- Fabric batches may vary and there can be slight variations between batches especially with natural fabrics. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics are more susceptible to this than others.
- Whilst we guarantee to make all items in your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
- We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
- We recommend that all upholstery is cleaned in situ by a professional upholstery cleaning specialist every eighteen (18) to twenty-four (24) months depending on use. We accept no responsibility for any cleaning outside of pre-advised methods. Should you proceed with a professional upholstery cleaning company and require further information on your fabric type, composition, and construction to avoid incorrect care please contact us on 01158 222333 or customerservice@KOUCH.uk.
- Natural fabrics such as our Cotton and Velvets are made from natural materials and accordingly they may not be uniform in colour or texture. Due to the nature of the fabric, it is part of the fabrics characteristic to show bruising with handling and use. Other compositions such as Wool may also be susceptible to pilling with general wear. It is your responsibility to understand the characteristics of the fabric you are selecting; however we are here to help.
- KOUCH products are made using water resistant fabric, this is not waterproof and pieces should not be left outside for prolonged periods of severe and wet weather conditions. If left outside the product must be covered with a waterproof cover. KOUCH will not accept liability for any product left unprotected.
Guarantees
We offer a 3-year guarantee on our frames – sofas, chairs and footstools. – under normal domestic household use, for the guarantee period.
- You may only claim under this guarantee if all of the following apply: –
- You were the original purchaser of the product from us on a Made-to-Order item.
- You are an individual who purchased directly with us for domestic household use only.
- You can provide proof of the purchase contract between you and us, and
- You were resident in the United Kingdom at the time of purchase and are resident in the United Kingdom at the time of claim.
Where products are covered within our 3-year guarantee period, KOUCH will endeavour to repair. Due to the handcrafted nature of our product, a repair is the most efficient, and environmentally friendly way to remedy your item. If a repair is not possible, you will be offered a replacement. If a suitable replacement is not available, you will be offered a refund.
This guarantee does not cover the following or anything arising from or caused by the following: –
- Damage, wear and tear or other external causes, including, without limitation, overloading the product, unreasonable exposure to extreme temperatures/weather.
- Failure to take reasonable care of the product in line with the care guide or misuse.
- Product tampering including but not limited to removing feet and not replacing them.
- The cracking of wood due to extreme changes in humidity, temperaturfe or direct heat source.
Guarantees apply to contracts made with KOUCH UK Limited only.
Pricing
- You agree to pay the price of the product specified on our website or by a member of our team, delivery charges and any other charges stated on your order per contract terms. Prices given include value-added tax (VAT) at the given rate of 20%.
- We reserve the right to amend our prices at any given time which includes, but is not limited to, occasional errors with pricing stated on our website or by a member of our team. We endeavour to correct any errors as soon as possible. If the product’s price is higher than the price stated on our site, we will at our discretion, request you pay the full price for the product or allow you to amend your order that of the same value, or reserve the right to cancel the order.
- Delivery charges apply unless stated otherwise. This charge may vary according to size of basket, item, and location however will be available at the time of you placing your order.
- From time-to-time we may offer promotional discounted prices. Discounted prices will be subject to set dates outlined in each promotion’s Terms & Conditions. We are unable to offer these special prices outside of these set promotions.
- In the event we must charge a Collection Fee, charges will apply of £149 for up to 2 items, or £199 for over 3 items. Anything above 5 items is priced upon request. This covers mainland UK only. Other areas may be subject to additional charges priced upon requested. Postcodes in Regions Covered will be subject to the additional charges.
- Discount and promotional codes cannot be stacked. The greater discount will apply. Only one offer valid at any given time unless otherwise stated.
- If you are an authorised Trade customer, our Trade discounts apply subject to their own terms and conditions. As a Trade customer, if you are purchasing during a promotion, the higher discount will apply. If the higher discount is the promotion at the time, this will supersede your Trade discount.
8. Promotions
All discount codes are applied to the value of the order, excluding delivery costs (unless otherwise stated) and are subject to our general Terms and Conditions. The discount code must be entered into the Voucher Code field on the basket page and applied for the discount to be deducted from the order. Code expiry dates will be communicated when issued (for example, printed on the source material – advert / insert – or on email). Unless stated, discounts cannot be combined and only one offer can be applied to any order. Items already discounted on site are also excluded from discount codes. We reserve the right to amend these T&Cs at any time and to withdraw this offer at any time.
Payments
- Unless otherwise stated in the contract terms: payment will be required in full at the point of sale before your order can be accepted. Only when we have confirmation that your payment has been received, can we accept your order and send the Order Confirmation. Lead-times will commence from this point only.
- We accept payments by Credit/Debit with Visa, MasterCard, and Maestro. Transactions are securely processed by Stripe. You authorise us to take payment from any card or other payment service for which you provide details at the point of sale, whether or not the order has been accepted by us and a contract formed. If your payment cannot be collected or is not authorised by your card or payment services provider for any reason, we will tell you. Any additional charges incurred via your chosen method of payment are entirely your responsibility.
Your Order
- You must be 18 years old or over to order from KOUCH.
- A contract between KOUCH UK and you will be formed once you receive your Order confirmation. An Invoice will be sent from us via email which acts as acceptance of your order. You, the Customer, are responsible for checking your Order Confirmation to ensure information is correct. We reserve the right to decline and cancel your order.
- At no point are KOUCH liable for any form of compensation. We have a duty to provide you with the goods that you have purchased which are fit for purpose. Whilst we are obliged to fix any item that we are liable for, we are not obligated to provide any form of compensation.
Amendments
- Due to the Made-to-Order nature of our product offering, KOUCH do not allow any Cancellations.
- Should you wish to amend your order before delivery, you must do this within 24 hours of placing your order.
- Where you have purchased services or third-party warranties and wish to cancel we will refund the total. This is in accordance with your consumer rights.
- In the event where we authorise a refund, refunds will only be refunded to the payment card or method used for the original transaction, this is to comply with Money Laundering Regulations.
Deliveries
- Our White Glove delivery charge is £149 for a single furniture item, £199 for 3+ items or £249 for 5 items or more covering orders to mainland UK only. Exclusions apply, see Regions Covered.
- A £39 delivery charge applies to standard size footstools if sold on its own. If one of these items are purchased with another Product, the £149 charge will apply and will be delivered once your total order is ready. At times, the items mentioned may be couriered which means delivery to your chosen address only without any white glove service. This charge applies to mainland UK only orders.
- Lead-times provided on our website and by our team are estimates and cannot be guaranteed. We deliver through a regular entrance and to the second floor (no more than two flights of stairs), we cannot deliver sofas through windows or balconies. Please discuss any access constraints with a team member.
- We are unable to store any order once the items have been completed. If your item(s) have been produced in accordance with your lead-time and you will not accept the delivery dates proposed, we will deliver to an off-site location where liability will be passed over to you, the Customer. Otherwise, a Storage Fee will apply at £50 per seat, per week.
- We are not able to deliver your order in instalments unless explicitly agreed upon, at our discretion. This will not affect your consumer rights.
- It is recommended to accept the first delivery date given. If you do not accept the first delivery date, your items will then be subject to re-routings which could take an additional 14 days to schedule.
- We deliver to the address and contact information stated on your order. If you need to change your delivery address, we will not be able to guarantee the same delivery date and time. We deliver to mainland UK only, with limitations on some areas of the UK, see Regions Covered. We reserve the right to amend our delivery service at any time. Responsibility with us ends when delivery to the chosen shipper is successful.
- For orders delivering outside of mainland UK, you will be responsible for taxes payable to the UK government, in addition to delivery charges for export duties, taxes and customs fees upon import. You are entirely responsible for arranging all paperwork to export your order. We will make good our promise to deliver to a shipper of your choice within mainland UK. We are not responsible to repair any damages sustained during the delivery process. The guarantee is not applicable if your order is exported outside of the UK.
- Products delivered using our White Glove service, are delivered to your place of choice, packaging unwrapped, feet fitted, assembled (if required), and packaging taken away. KOUCH recommends that you check each item on delivery, even if you re-package the items in the presence of the Delivery Team, to ensure that you are satisfied with your Product(s).
- KOUCH’s Nominated carrier operate Monday to Saturday, between 7am – 6pm. Deliveries are not made on Sundays and public holidays in the UK. You will need to make yourself available for delivery at the end of your lead-time to accept the delivery slot. You should endeavour to accept the first delivery slot provided, otherwise we cannot guarantee an alternative delivery slot until your order is re-planned in-line with other routings. We will use reasonable efforts to deliver the products by the delivery date or within the delivery timescales stated in your order. If your lead-time moves, we will contact you and advise your options.
- For agreements made outside of these Delivery terms, further charges could apply depending on the delivery location and any special requirements and will be priced upon application.
- At times, KOUCH may need to move your delivery date. You shall be notified in advance of your delivery.
- If you cancel delivery within 48 hours of the scheduled delivery time or fail to be present at your property or accept delivery on the dedicated delivery date or we are unable to deliver due to access issues, a non-refundable delivery fee will be charged before we reschedule an alternative delivery of £149.
- In the event that we are unable to complete a delivery because of access constraints where reasonable efforts have been made to successfully deliver, such as clear access (including but not limited to such things like radiators and lighting) we will endeavour to deliver to another on-location suitable room/garage. If this cannot be achieved and of which results in a cancellation, you will be charged the delivery fee and also a re-stocking fee of 10% of the order value.
- We shall not have any liability to you for any delivery failures or delays that are caused by anything beyond our reasonable control. This includes but not limited to; any raw material shortages or delays including fabric, components, interiors.
- To avoid any damage to your property or any items therein, during the course of delivery, it is your responsibility to ensure clear access to the relevant room(s) in advance of delivery, including keeping children and pets out of harm’s way, removing any precious items and protecting floors as necessary.
- Any damage to the Products or your property or its contents as a direct result of our delivery service must be reported to the delivery drivers or by email within 24 hours of the delivery taking place. If you do not report such damage to us within this timeframe, we shall not be liable to you for any such damage.
- Our delivery teams may inform you that they are willing to deliver the Products but that, in their opinion, access to the delivery address is inadequate for them to make delivery without risking causing damage to the Products or your property or its contents. In this event, if you request that our delivery team proceeds with delivery then such delivery will be at your own risk, and we accept no responsibility for any damage that may occur. You will also be asked to sign a damage waiver.
- If you request that we leave the items wrapped, then we cannot be held responsible for any damages reported which were not marked on the delivery note at the time of delivery. Upon delivery, you should check and inspect that you have received all Products on your order. Any missing Products, damage or faults need to be reported to our Delivery Team in the first instance. You should inform us within 24 hours if you thereon notice anything is missing, not as ordered, damaged, or faulty by contacting us on customerservice@KOUCH.uk or calling 01158 222333. We may require proof of damage from you by way of a photograph, to help us assess the damage and facilitate a repair, or in the case of inability to repair a replacement or refund upon the authorised return of the product to KOUCH. If you fail to provide such proof, this will not affect your consumer rights. If you fail to inspect your goods upon delivery and later find damage, we cannot be held responsible for such damage.
- In the event you notice a fault with the products on your order within the first 6 months of successful delivery, we will make good efforts to repair your faulty goods. In failure to repair, at our discretion will offer a replacement, as per your rights explained in the Consumer Rights Act 2015 and the Sale of Goods Act 1979. You will need to provide proof of purchase. These terms will not be applicable if your order is exported outside of the UK. A visit will be booked and repair free of charge if KOUCH are liable. If you fail to attend your appointment and do not notify us, a call-out fee will apply of £149.
- The Products will be at your risk from the time of successful delivery whether by our own dedicated Nominated carrier or by using a third-party courier service to the United Kingdom address which we specify in our Order Confirmation to you, or the alternative address you have provided before delivery, or even in the event of your own collection/delivery to us from the time your courier has the Product(s) in their possession. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
Returns
KOUCH do not offer returns due to the Made-to-Order nature of our Product offering. Each item is hand-crafted according to your range, size of item, interior choice, foot option and fabric choice. We purchase raw materials in accordance with your personal selection and do not offer pre-made stocked goods, unless otherwise stated in accordance to any Ready Made items. This will be specified on our website at the time of purchase. Exchanges are at KOUCH ’s discretion.
We do allow amendments to your order within 24 hours of the order being placed.
Spare Parts
Chargeable spare parts can be ordered. These however are not stocked and delivery will be subject to the spare parts arriving. We offer spare part and installation fees upon request.
Events Outside Our Control
Whilst we endeavour to meet the original approximate delivery date advised at the time of purchase, on occasions the manufacture or delivery of your products may be delayed due to circumstances beyond our control, including but not limited to an Event Outside Our Control (A Force Majeure Event). We are not liable for any delay or failure to deliver or supply any products or services if this delay or failure is due to events beyond our reasonable control. We will make every effort to notify you of any delays or failure to supply any products or services by email or over the phone, we will usually advise new delivery times or give you an opportunity to amend or cancel your order. This does not affect your consumer rights.
We cannot accept any compensation claims for factory delays, fabrics being out of stock, outside of our reasonable control.
Website
- We endeavour to display as accurately as possible the colours of our Products that appear on our website. However, we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered. Please ensure you receive a fabric sample of your chosen fabric prior to confirming your order. Product renders showing a configured product in your selected fabric are for visualisation purposes only.
Consumer Rights
Where you are a consumer and you have purchased either online, over the phone or by mail order, you have the right to cancel the contract for any products or services without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015. If you have purchased instore the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2015 do not apply to your transaction. However, regardless of how you make your purchase, your purchase is protected by the Consumer Rights Act 2015. This right is in addition to your statutory rights for defective products as summarised in section 6 and in accordance with the Sale of Goods Act 1979.
No Liability for Losses and Unforeseeable Losses
We shall not be liable to you (including under the contract or in negligence) for any loss of profits or other business losses, or for any losses which were not foreseeable by us when the contract was made, or for any losses caused by your breach of the contract, or for any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us. We are not responsible or liable for any injury or death caused by the KOUCH Product during handling or for third-party damages, such as delivery damage.
Transfer Of Rights and Obligations
We shall be entitled to assign the benefit of the contract and any debts under the contract. You may not transfer the benefit of the contract or any rights under or in relation to it to anyone else without our prior written consent.
Sub-Contracting
We may sub-contract our obligations under our contract.
Applicable Law
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
Future Changes to These Terms
We reserve the right to change these terms and conditions of sale from time to time and may update our website accordingly. Any such change will only apply to orders made by you after the date of the change. By ordering from our website you agree to be bound by the latest version of our terms and conditions of sale at the time of your order. You are responsible to visit our website to determine the current terms applicable.
Important Notes
See Guarantees for confirmation of which contracts are covered. You must be eighteen (18) years of age or older to purchase from us. We only offer contracts in the English language. You should keep a copy of this document for future reference.
Website Terms of use
Important Notes
We draw your attention to clause 12 setting out a disclaimer of our liability. You must be eighteen (18) years of age or older to purchase from us. We only offer contracts in the English language. You should keep a copy of this document for future reference.
About This Document
Thank you for visiting our site. This document sets out the terms applicable to use of our site. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. References to our site or website includes its contents and the computer servers and databases which deliver our site and its functionality or store any related product, account, feedback or ordering data. If you have any concerns about material which appears on our site, please contact us at customerservices@KOUCH.uk.
- Information About Us
www.KOUCH.uk is a site operated by KOUCH, a division of Conker Bespoke Furniture Ltd. We are a Company Registered in England and Wales, with company number 14818754. Our registered office is Unit 3, Riverside 2, Campbell Road, Stoke on Trent, Staffordshire, United Kingdom, ST4 4RJ. References to “we”, “us” and “our” in these terms of use are to KOUCH. - Who Is Our Website Targeted At?
Our website is targeted only at people who reside in the United Kingdom, and the products on our site are intended for people who reside in the United Kingdom. We do however consider orders from individuals who reside outside of the United Kingdom, at our sole discretion, so please contact us if you require delivery outside the United Kingdom and please note that additional terms and charges may be applicable. - Languages
This site and any contracts with us are in the English language only. We do not offer any other languages at present. - Accuracy Of Content
Whilst we make all reasonable efforts to ensure that all information on this site, including product information, availability, and pricing is accurate, complete, and up to date. Just occasionally there may be errors which we fail to notice for which we do not accept any liability. In addition, such information is only up to date as at the time you visit the website. We reserve the right to correct any errors and to change any information (including products, availability, pricing, and delivery charges) at any time without notice. If any change affects an order you have submitted, then under our applicable terms and conditions of sale or service we will give you the opportunity either to accept the change or to cancel the order and get a refund. - Availability Of Our Site
Our website will only be available at such times as we may decide, and we do not guarantee that our website will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue, or change all or any part of our website at any time without notice. We may deny you personally access to our website on a temporary or permanent basis at any time, with or without cause and with or without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.Ordering From Us
Eligibility
You must be eighteen (18) years old or over to order from us.
Ordering process
Our website constitutes our invitation to do business with you. However, it is not a binding legal offer from us. To order products or services from us, you need to select and order them using the checkout process on our website or telephone us. A legally binding contract will only be formed when your order is accepted by us.
Terms and conditions of sale
Contracts for the sale or supply of goods or services by us (whether formed through our site or as a result of visits made by you) are governed by our current terms and conditions of sale and service at the time of order, which are available on request or through this website.
- Completing Forms and Error Correction
When completing any registration, order, feedback, enquiry, or other forms on our website please note the following: –
Mandatory information
Some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and may denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where any information is not marked with an asterisk then such information is optional, and you do not need to fill it in if you do not wish to do so.
Accuracy of your information
When you submit any form to us, you represent to us that the information it contains is true, accurate, current, and complete in all respects, and that you are the person identified in the form, and that the form is submitted by the person identified in the form or by a person with their authority to do so. We will rely on the truth and accuracy of the information you provide.
Error correction
You may at any time before submitting your form use the back button on your browser to go back and correct or change any information. If you think there is any error in the information you have provided after you have submitted it, you can contact us at any time on customerservices@kouch.uk to correct it.
Accounts and Other Registration on Our Website
Requirement for registration
To use some of the services or features made available to you on our website (such as accounts, forums, memberships, review and comment functionality, and loyalty programmes) you may need to register with our website. We may accordingly restrict access to some parts of our website and functionality on our website to persons who have registered with us for access to that part or functionality.
Terms of registration
Where you register with our website for any purpose, you accept these website terms of use and any additional terms applicable to such registration as notified to you at the time of registration.
Updating your information
Should any of your registration information change, you must update your details using functionality provided within our website or alternatively contact us.
Log-in details
You are responsible for keeping your username, password, and all other log-in details confidential, safe, and secure. We ask you not to share those details with anyone. You must ensure that any password you provide is unique, not easy to guess, and a strong password, being a random string of upper- and lower-case letters, numbers and symbols of at least 8 characters in length, which you have not used on any other website. You must let us know immediately if you suspect any unauthorised use of your log-in details. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we suspect any other misuse.
Use of your registration
Anything done through your registration with our website is deemed to be done by or on behalf of you with your full authority.
Suspension and termination
We may suspend or terminate your registration and/or your ability to access or use any features, services, or functionality on our website at any time and for any reason, with or without prior notification to you.
Our Intellectual Property Rights
Ownership
You acknowledge that we and the companies in the same group of companies as us own the copyright, trademarks and all other intellectual property rights in this site and all products identified on this site.
Licence to you
You are permitted to download the web pages that make up this site through a web browser and to store them in a browser cache for off-line viewing, in connection with browsing this site, registering this site, ordering through this site, and using any other features of this site. You may also make an electronic copy and/or print any web pages from this site, for the purposes of making any buying decisions in connection with this site and keeping records relating to your account with this site and orders made through this site, including for your use as a reminder of the terms and conditions and your orders. This includes a right to make an electronic copy of and/or print a copy of these terms of use, our privacy policy, sale conditions, and any user help files and information files on this site, and any account and ordering web pages relating to you. When you do make a copy of any web pages, it must be of the web page (as a whole) including all copyright and other notices contained in the web pages. You may not otherwise use, download, copy, publish, transmit, or distribute any pages or information from this site, and any other use or reproduction of the materials on or content of this website is strictly prohibited.
Your Conduct and Content
Use of our website
You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for or in connection with any unlawful or criminal activity. You must not seek to gain access unlawfully to our website or any underlying systems. You must not use our website to market or advertise any third party, including any third-party products or services.
Customer review and other interactive functionality
We may offer comment and review facilities and other interactive functionality from time to time, enabling you and others to post content to our website. As we are sure you are aware, anything you post online is available for the world to see and may be subject to moderation or deletion by us at any time without giving any reason or notice to you. You agree that you will be personally responsible for your use of all interactive functionality and for all your communication and activity on our website. You agree that we will not be responsible or liable for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.
Your content
You shall ensure that anything you post to our website (including text and pictures), whether as a customer review or through our other interactive functionality: (a) reasonably relates solely to us and our products and services and is an expression of provable fact and not unsubstantiated opinion; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, or an expression of prejudice based on race, sex or any other protected characteristic, and is not an incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) is not capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trademarks or our website content; (h) is not personal data of a third party; (h) is not using our site to promote and advertise any business, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software or a virus. Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.
Licence of your content
In relation to anything you post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world and for any purpose. By posting a message or other content on our website (including sending in photos to any photo gallery), you understand that such content enters the public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.
Viruses
You must not misuse our site by knowingly introducing viruses. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 will cease immediately. You should ensure that any phone, tablet, laptop or other computer that you use to access this website has up to date firewall, anti-virus and other security software running on it, to provide you with protection against any viruses which may have infected our website or systems in spite of any security measures that we may deploy, or which may be present on any third party website that you may visit which is linked to from our website. We do not represent or promise that our website (including its content and systems) will be free from any third-party viruses, or that any third party website that our website may link to will be free from viruses. A virus includes any spyware, exploit, trojan, worm, logic bomb or other malicious or deliberately harmful software or material.
Limitation and Exclusion Of Our Liability
Protected liability
Nothing in the following clauses shall affect, and we do not limit or exclude, any liability we may have to you for: death or personal injury; loss or damage to physical property; fraud or fraudulent misrepresentation; under the Data Protection Act 1998, including liability for failing to take appropriate technical and organisational measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; or which may not be limited or excluded by law.
Sale contracts
With respect to any contracts for sale of products or the supply of services with respect to our products we enter into with you, our liability to you is as described in our standard terms and conditions of sale or services available through this website and on request. Nothing in these website terms of use affects that liability.
Website usage
Our website does not constitute any advice to you and shall not give us a duty of care towards you. Your use of our website and website content is entirely at your own risk. The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy, but for the purposes of any contract for the sale of any products or services this shall not affect any part of our website which is taken into account by the implied terms under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982. We accordingly disclaim and exclude any liability to you for any loss, damage or liability you may suffer or incur arising out of your use or reliance on this website, including any liability which we may have for any loss or damage caused by a virus that may infect your phone, tablet, laptop or other computer used to access our website. If your use of our website, or your registration for an account on our website, or your use of any other feature of our website, creates a contract between you and us, then: we exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in your favour; and the entire contract is as set out in these website terms of use and any other terms identified on our website.
Excluded Losses
We shall not be liable to you (including in contract or in negligence) for: (a) any loss of profits, revenue, contract, goodwill, business data or other business related loss or damage; (b) any losses which were not foreseeable by us when the contract was made; (c) any losses which were not caused by any breach of the contract or any negligent or unlawful act or omission by us; (d) any losses caused by any act or omission on your part; or (e) anything caused by any event or circumstance beyond our reasonable control.
Links to And from Our Site
We accept no responsibility or liability for the content or operation of websites which link to our site or which we may link to, which are not under our control.
Changes to These Terms of Use
We reserve the right to change these website usage terms from time to time and will update this page accordingly. By using this site, you are accepting these terms and agree to be bound by any such revisions in effect at the time of use. You should therefore periodically visit the web page to determine the current usage terms applicable.
Law
These terms, your use of our website, and any claim relating to our website or based information on our website, is subject to the law of England and Wales, and any claims are to be brought exclusively in the courts of England and Wales.