TERMS AND CONDITIONS

INTRODUCTION

The following terms and conditions apply to all sales transactions from KOKOAKA.

 

Navigating the content of our site implies your agreement to the following terms and conditions of use, regarding the side and its content, our Company provides its services and products to both businesses and end consumers. Nothing in these terms and conditions should be taken to limit a consumer`s satisfactory rights.

 

Prices do not include carriage cost and VAT. Check our section for accepted payment methods, delivery charges and information given for the progress of your online orders.

 

Photos, dimensions, colours and illustrations are given with honesty, but are approximate and do not form part of any contract entered into by the Company. We may vary such specifications at any time in our effort to continually improve and improvise with our products. It must be clear that products may differ from different batches and reasonable variation will be deemed acceptable.

 

It`s our costumers responsibility to value all information we include in our side on any product in order to determine the products suitability for its intended use. We would politely answer any customer questions or technical specifications requested by email, however advice as to suitability given over email should be regarded as general guidance and may not take account of the customer`s exact situation or circumstances.

 

SUITABILITY FOR PURPOSE AND LIABILITY:

 

Links from this site are provided for your information and convenience only. No responsibility or liability can be accepted for the content of any linked sites.

 

To the full extent permitted by law the Company excludes all liability for any direct, special, indirect or consequential damages or any other damages of any kind resulting from the use of, or inability to use, the goods or any information obtained either directly or indirectly from this site, or any action taken as a result of using any such information.

 

PRODUCT AVAILABILITY AND DELIVERY:

 

Any reference to a product does not amount to a promise that such product will be available at any time or that the product is available in all countries.

 

We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. If the ordered goods are not available we will advise you of this as soon as reasonably possible. You will be given the option of ordering an alternative product or cancelling the order and receiving a full refund if the order has been pre-paid.

 

Delivery within Cyprus will normally take place within 2 to 5 working days of the order being placed. Please discuss any particular delivery requirements with us. Every effort will be made to deliver the goods as soon as possible after your order has been accepted and within 30 days of your order unless we notify you to the contrary. However, we will not be liable for any loss or damage suffered by you through any delay in delivery.

 

The costumer shall, if required by the Company, accept delivery by installments but shall not be entitled to demand delivery by installments, except where specifically agreed by the Company.

 

The Company shall not in any circumstances be liable for loss or damage to goods in transit to the customer unless:

 

a)    Any damage or shortage is reported in to the Company within 5 days after delivery.

 

b)    In the case of total loss the customer notifies the Company of the non-arrival of the goods within a reasonable period (not exceeding 7 days) after receipt of the Company`s invoice.

 

In the event of goods or materials being collected by or on behalf of the customer its servants or agents such collection will constitute delivery to the customer.

 

If the Customer cancels a specially manufactured or customized order before its completion he shall become liable to pay to the Company a sum equal to the cost of the labor, materials and overheads expended in the execution of the said order, up to the date of the receipt of such cancellation, plus the profit which the Company would have made but for such cancellation. This shall not apply to finished products normally held in stock by us.

 

Account customers: Where payment is not normally to be made until after delivery and the latter is delayed by the Customer`s inability or unwillingness to accept such delivery at the time the goods are ready for dispatch, the Company reserves the right to demand payment in full after giving notice of its readiness to deliver the goods and to charge the Customer any storage expenses it may have to incur.

 

RETURN OF GOODS:

 

Please email for instructions before returning any goods. Except where the goods are faulty or incorrectly supplied there is no automatic right on refund in transactions and the circumstances should first be discussed with the Company.

 

Restocking of goods and arranging credits or refunds is a costly exercise. If there is no fault on the part of the Company but notwithstanding we agree to accept the goods back, we shall normally apply a restocking administration charge of 10% of the value of goods returned with a €10 minimum and the purchaser is responsible for round trip carriage charges. So if you are uncertain about a purchase email us and we will be pleased to advise rather than risking ordering the wrong thing.

 

Goods sold by the Company and returned by the customer to the Company shall be at the sole risk of the customer until such goods shall have come into custody of the Company at the premises of the Company. This shall equally apply if the Company arranges collection of returned goods at the customer`s request and expense.

 

In order to receive a refund, the goods must be returned to us unused, and wherever possible in the original packaging. We recommend that you retain all of the original packaging until you are sure that you intend to keep the goods. For goods supplied in a sustainable bag specifically intended for the item in question, absence of or damage to the original sustainable bag shall render the returned goods as unsuitable for resale so a credit or refund will not be possible.

 

Carriage costs will only be refunded if the item is faulty.  If you would like us to arrange collection of goods for return, please contact us. Return carriage costs will be deducted from any refund due.  It costs more to collect goods than to dispatch them in the first place so our collection charges are higher than our delivery charges.

 

If items are purchased with ‘free delivery’ this means that we funded the delivery cost out of the value of the sale.  If goods are subsequently returned for credit the cost to us of arranging the original delivery will be deducted from the amount credited.

 

TITLE AND RISK:

 

All goods sold by the Company shall remain the property of the Company until the payment of the price in full.  The goods shall be the sole risk of the customer from the time at which they are delivered to the appointed delivery address.

 

GENERAL CLAUSES:

 

The Company reserves the right to change these terms and conditions of use at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions of use as modified by the posted changes.

These terms and conditions of use shall be governed by and construed in accordance with the laws of Cyprus and disputes arising shall be subject to the exclusive jurisdiction of the Cypriot courts. Those who choose to access the site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

 

Notwithstanding that any part of these Terms and Conditions may prove to be unenforceable, the other provisions of our agreement and the remainder of the provision in question shall remain in full force and effect.  No amendment to these terms shall be valid unless agreed in writing and signed by the Company.

 

For Account customers, unless otherwise agreed, payment shall be made by the customer in full on or before the completion of the order.

 

When registering on this website, the user name and password selected by you are personal to you and it is your responsibility to keep them secure. In the case of unauthorised use of our Reseller zone we may deny the user and password access to that part of the site in future.

 

We take your privacy seriously and will not knowingly disclose any confidential data about you.

 

PRODUCTS OR SERVICES:All our products are available exclusively online through the website. Our products may have limited quantities and are subject to return or exchange only according to our Return Policy.We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.ACCURACY OF BILLING AND ACCOUNT INFORMATION:We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Estonia is the legal jurisdiction that governs the contractual relationship between the merchant and the cardholder.For more detail, please review our Returns Policy.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.PERSONAL INFORMATION:Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.ERRORS, INACCURACIES AND OMISSIONS:Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.CONTACT INFORMATION:Questions about the Terms and Conditions should be sent to us using our contact form online. 

REFUND POLICY:

 

RETURNS:

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.To be eligible for a return, your Kokoaka Swimwear must not have been worn or washed and it has to be in the same condition that you received it in.Gift cards are unfortunately not refundable.To complete your return, we require a receipt or proof of purchase.

REFUNDS:

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. We will refund the amount paid for the swimsuit EXCLUDING the original shipping cost.

LATE OR MISSING REFUNDS:

If you haven’t received a refund 10 business days after it has been posted, first check your bank account again.Then contact your credit card company, it may take some time before your refund is officially posted.Next contact your bank. There is often some processing time before a refund is posted.If you’ve done all of this and you still have not received your refund yet, please contact us via email.

SALE ITEMS:

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.EXCHANGE: 

We accept exchanges, only if the swimwear is in its original condition. It must not have been worn or washed. You have 30 days after the reception of the product to exchange it. The shipping cost paid to return the swimwear to KOKOAKA Swimwear for an exchange is neither covered nor reimbursed by us, but we will pay to send it back to you! You can follow our exchange instructions here.