TERMS + CONDITIONS
1) INTRODUCTION AND ACCEPTANCE OF TERMS
The KOYO BEAR Website is operated by:
INTRINSIC BRANDS UG (haftungsbeschränkt) Christinenstr. 16 10119 Berlin Registered Court HRB 172037 B
Access to and use of koyobear.com (hereinafter, the "Website") and the products and services available through the Website ("Services") are subject to the following terms, conditions and notices (the "Terms of Service") as well as to the documents referred to below. When you access or use the Website and/or buy via the Website you are agreeing to all of the Terms of Service, which may be updated by us from time to time. Therefore please read these Terms and Conditions carefully because by accessing and ordering a product, you agree to be bound by same Terms and Conditions. Access to this Website is permitted on a temporary basis and it does not include any possible commercial use of this Website and of its contents, as well as any reproduction, duplication, copy and/or exploitation for any commercial purposes without express written consent of INTRINSIC BRANDS UG (hereinafter, the "INTRINSIC BRANDS"). We reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of this Website. When you visit this Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing. Although you may 'bookmark' a particular portion of the Website and thereby bypass this Agreement, your use of this Site still binds you to the terms. This Website accepts no responsibility for 3rd parties' websites to which it may link to. Moreover these Terms and Conditions do not regulate the supply of services and/or products performed by third parties that appear on this Website through links, banners or other hypertext links, therefore under no circumstance the INTRINSIC BRANDS shall be deemed liable for services and/or products directly supplied by such third parties.
2) USAGE RESTRICTIONS; INTELLECTUAL PROPERTY All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the INTRINSIC BRANDS, one of its affiliates or by third parties who have licensed their materials to the INTRINSIC BRANDS. The entire content of the Website is copyrighted as a collective work under applicable copyright laws, and coordination, arrangement and enhancement of the content. The content of the Website are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. INTRINSIC BRANDS reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Website. KOYO BEAR and is an internationally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from INTRINSIC BRANDS .
3) USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or to Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the 'Comments') shall be and remain INTRINSIC BRANDS. Such disclosure, submission or offer of any Comments shall constitute an assignment to INTRINSIC BRANDS of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, INTRINSIC BRANDS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. INTRINSIC BRANDS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
4) YOUR CONDUCT Please note that you must be 18 years or older to register with the Site and to purchase goods from the Site. By registering to use the Site you warrant that you are aged 18 years of age or older. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not our Website, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; • to send, use or reuse any material that is (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; • to cause annoyance, inconvenience or needless anxiety • to subscribe to our mailing list with data that is not your own, or in any other way use the identity of a third party, or otherwise false identity, when interacting with our site. • to upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Breaching this provision would constitute a criminal offense under the Computer Misuse Act 1990. INTRINSIC BRANDS, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by any infringements of the above, nor by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
5) ORDER PLACEMENT By placing an order you are offering to purchase a product from INTRINSIC BRANDS, subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Our Website permits you to check any errors before sending your order to us. If your order is accepted we will inform you by email. This acknowledgment e-mail confirming receipt of your order will constitute acceptance of your order and constitute the formation of a contract between INTRINSIC BRANDS and you. When placing an order you undertake that all details you provide to us are true and accurate, that you are over 18 years and are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
6) PRICING INTRINSIC BRANDS is committed to offering convenience, service, and product availability on-line at the best possible prices. Whilst we endeavour to keep prices online similar to those of product in Stores, the merchandise offered on-line at koyobear.com will often have different prices to merchandise available in any Stores stocking our brand. Typically, the retail price in Stores will reflect the true cost of purchasing our product online, i.e. Cost of Product, plus Taxes, plus Postage. Also, all prices advertised are subject to changes. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT, where appropriate. Delivery costs are also included in the price.
The prices you see on the Website exclude the cost of any import duties. Depending on your delivery address there may be different taxation rules. Depending on your territory, you may need to pay import duties upon receipt of your item.
7) PAYMENTS Upon receiving your order we carry out a standard pre-authorisation check on your payment card. Goods will not be dispatched until this pre-authorisation check has been completed. Once we have verified your order and payment details, we will capture your payment and prepare your goods for shipment. We will email you again to inform you once goods are dispatched. In the unlikely event that we encounter a problem when processing your order, you will receive an email from us detailing the problem and possibly requesting further information.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria.
INTRINSIC BRANDS will archive a copy of your contract with the seller in its files, and you will able to retrieve a copy by communicating your data and those of the order. In order to use the Services made available by the Website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you.
8) DELIVERY Dispatch times may vary according to availability and there are no guarantees as to delivery times. But we will always strive to ship your order within 3 days of purchase, unless you are pre-ordering an item - in which case it may take up to 8 weeks for your shoes to be shipped.
9) RETURNS & REFUNDS We hope you will be happy with your purchase, but if not, or if the product we deliver is not what you ordered or is defective or damaged, please let us know at [email protected] as soon as possible and we will provide a refund or replacement in accordance with our Returns Policy. International Returns Policy We are happy to refund any purchases within 14 working days of receipt. To return an item you must first contact our customer services at team(at)koyobear.com to obtain details on how exactly to make the return. All returns must be sent, in their original condition, to the address below. INTRINSIC BRANDS UG Christinenstr. 16, 10119 Berlin GERMANY Please be sure to clearly mark your return shipment as "returned" goods on any customs or postal forms. We will refund any sums that you have paid to us with the exception of postage and packing. Only products that are in their original condition will be refunded, others will be returned to the customers at their own cost.
Free Postage on Returned Items We would like to be able to offer free postage on the return of any items from locations within the EU, however we are not yet in a position to do so, partly because we are a fledgling operation and not able to absorb the potential loss that could result from a free returns policies (we wish we had Zappo's might, but we don't), but partly also due to anticipated problems with fraud and sabotage (e.g. hate KOYO BEAR shoes? Well just order 1000 pairs and return them all).
Incorrect Order Every so often mistakes will happen, but we will do our best to fix and correct any issues you may have. If you have noticed that we have made a mistake with your order, please email us at team(at)koyobear.com, and we will look into it. Please include your order reference at all times when e-mailing our customer services.
10) COLOURS We have done our best to display as accurately as possible the colours of the products shown on this site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
11) CORRECTION OF ERRORS AND INACCURACIES The information of the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologise for any inconvenience this may cause you. If you are not fully satisfied with your koyobear.com purchase you may return it - please see our Returns Policy for more.
12) TYPOGRAPHICAL ERRORS In the event an koyobear.com product is listed at an incorrect price due to typographical error or systems error, INTRINSIC BRANDS shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. INTRINSIC BRANDS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, INTRINSIC BRANDS shall issue a payment to your credit card account in the amount of the incorrect price.
13) TERM: TERMINATION These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. Any of these terms and conditions may be terminated by INTRINSIC BRANDS without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
14) NOTICE KOYOBEAR.COM may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first-class mail to your address on record in KOYOBEAR.COM account information.
15) ENFORCEMENT OF TERMS AND CONDITIONS By accessing and using the Website, you agree that your access to and use of KOOBEAR.COM is subject to these Terms and Conditions, as well as all applicable laws, as governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
16) INDEMNIFICATION You agree to indemnify, defend, and hold harmless INTRINSIC BRANDS UG , its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service Providers') from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
17) THIRD-PARTY LINKS In an attempt to provide increased value to our visitors, the Website may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with the Website, INTRINSIC BRANDS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of INTRINSIC BRANDS. INTRINSIC BRANDS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, INTRINSIC BRANDS seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
18) DISCLAIMER THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. INTRINSIC BRANDS UG . DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTRINSIC BRANDS UG . DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTRINSIC BRANDS UG . DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY DISCLAIMERS DO NOT APPLY TO CONSUMER PURCHASES.
19) LIMITATION OF LIABILITY INTRINSIC BRANDS UG . SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF INTRINSIC BRANDS UG . HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
About INTRINSIC BRANDS INTRINSIC BRANDS is a Company registered in Germany (Company HRB 172037 B), whose registered office address is Christinenstr. 16, 10119 Berlin, Germany. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
Transfers overseas: Please note that disclosures we may make may take place via electronic means and may involve the transfer of personal data relating to you to countries outside the European economic area which countries do not have in place adequate rules relating to data protection and privacy of personal data.
Sale of our business: You acknowledge that data you provide to us may be transferred to any person, firm or company to whom we sell the whole or a substantial part of our business or to whom we transfer any of our rights or obligations under a contract with you. Communication & marketing: When you register with the Website we may send you email communications to keep you updated with our products and services. You can opt-out of these emails at any time via the Unsubscribe link in the email. If you place an order, we will also e-mail you updates on the status of your order.
Security Policy - Taking care of your data
We will endeavour to protect your data against unauthorised or unlawful use. We take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. We use secure socket layer technology (ssl). This means that when you place orders with us on our secure online ordering system, all of the information is encrypted or scrambled so that the data you send is an unintelligible string of seemingly random characters. When these characters are received by our web server, the server's ssl software converts them back into useful information. The same thing happens with data you receive from our server. Your interactions are therefore private. We will endeavour to keep any information which we hold about you up to date and accurate. To help us to do this, please keep us informed if any of your details change.
21) WHERE KOYO BEAR is chiefly available online and products primarily available through KOYOBEAR.COM. We do have limited availability in select boutiques worldwide, and we will, on occasion, open temporary stores worldwide.
22) THIRD-PARTY RIGHTS The statutory right of any person other than you or us to enforce any of these provisions is excluded.
23) SEVERANCE If any term shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term shall to that extent be deemed not to form part of these terms and the enforceability of the remainder of the terms shall not be affected.
24) FORCE MAJEURE If INTRINSIC BRANDS is prevented or delayed (directly or indirectly) from making delivery of the Products or any portion of the Products on the agreed date of delivery or from otherwise performing this or any part of this agreement by reason of act(s) of God, war, embargo, riot(s), strike(s), lock-out(s), trade dispute(s), fire(s), break-down, inclement weather, interruption of transport, Government action, delay in delivery to INTRINSIC BRANDS of any goods or materials or by any cause whatsoever (whether or not of like nature to those specified above) in each case outside such farfetch.com Limited's control («force majeure»), neither party hereto shall be under any liability whatsoever to the other party by reason of such event.
25) VARIATION INTRINSIC BRANDS shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
27) WAIVER If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. It is therefore understood that our lack of action in case of your breach of the present conditions, may not be construed in any case as a waiver of our right of action.
28) GOVERNING LAD AND JURISDICTION These Terms and Conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
29) ENTIRE AGREEMENT The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and INTRINSIC BRANDS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of INTRINSIC BRANDS .
30) ETHICAL SOURCING POLICY As a reputable and trusted business committed to offering its customers high-quality products, INTRINSIC BRANDS UG recognizes its obligation to ensure that suppliers are operating ethically. We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
INTRINSIC BRANDS will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instill these principles when dealing with their own supplier base. Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as INTRINSIC BRANDS continues to grow it recognizes the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.