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Terms and Conditions

LEGAL NOTICES

This document (together with the documents referred to on it) sets out the conditions governing the use of this website and the purchase of products in the same (hereinafter, the "Terms").
Please read the Terms carefully before using this website. By using this website or ordering through the same, you agree to be bound by these Terms, so if you agree with all the conditions, you must not use this website.
These conditions could be modified.
It is your responsibility to read them regularly, since the conditions prevailing at the time of use of the website or of concluding the Contract (as this is defined below), will be those that are applicable.
The Contract (as defined below it) may be executed at its option, in any of the languages ​​in which the Conditions are available on this website.


OUR DATA

This website is operated under the name KOTOSH by KOTOSH STYLE SL, a Spanish company established in C / Orense No. 22, 28020, Madrid, registered in the Commercial Register of Madrid, Volume 29,984, Folio 148, Section 8, Page M- 539 619, entry 1 and CIF. B-86466422.

YOUR INFORMATION AND YOUR VISITS TO THIS WEBSITE

Information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy.
By using this website you consent to the processing of such information and data and declares that all information or data you provide are accurate and correspond with reality.


USE OF OUR WEBSITE

By using this website and / or place orders through the same you will:

  •     Make use of this website only for queries or orders legally valid.
  •     Do not make any false or fraudulent request. If one could reasonably consider that there has been a request we shall be entitled to cancel the order and inform the relevant authorities.
  •     Give us your email address, postal address and / or other contact information in a truthful and accurate. Also acknowledge that we may use this information to contact you. If you need to see our Privacy Statement.
  •     If you do not give us all the information we need, we can not complete your order.
  •     By placing an order through this website, you declare to be over 18 and have legal capacity to enter into contracts.

CELEBRATION OF CONTRACT

The information contained in these Terms and the detail contained in this website does not constitute an offer to sell, but an invitation to contract.
No contract will exist between you and us in relation to any product until your order has been accepted by us. If your offer is not accepted and already had made a charge on your account, the amount thereof will be refunded in full.
To order, follow the shopping process online and click "Authorize payment". After that, you will receive an email acknowledging receipt of your order (the "Confirmation Order Receipt"). Note that this does not mean that your order has been accepted, since it is an offer you makes us to buy one or more products. All orders are subject to acceptance by us, which is informed through an email that confirms that the order is in training (the "Confirmation Order"). The contract for the purchase of a product between us ("Contract") will only be formed when we send you the Order Confirmation.
The Contract will only those products listed in the Order Confirmation. We will not be obliged to supply any product that may have been requested until we confirm the shipment thereof in an "Order Confirmation".


PRODUCT AVAILABILITY

All orders for standard products are subject to availability of the same. Thus, if there are difficulties in the provision of products or no longer in stock, the purchase can not be made. We reserve the right to give you information about substitute products, quality and equal or greater value that you can order.


REFUSAL TO PROCESS A REQUEST

We reserve the right to withdraw any products from this website at any time, and to remove or edit any materials or content thereof.
While we do our best to process all orders always may be exceptional circumstances we may need to refuse to process an order until 72 hours after sending the Order Confirmation, for which we will offer alternatives such as a model with similar characteristics or refund.
We will not be liable to you or to any third party, for the withdrawal of any product on this website, regardless of whether the product has been sold or not, remove or edit any materials or content on the website, or by refusing to process an order after we sent you the Order Confirmation, always within 72 hours after confirmation.


DELIVERY

Without prejudice to the above clause regarding the availability of products, and unless extraordinary circumstances, we will try to send the order consisting of the product / s listed in each Order Confirmation by the delivery date set out in thereof.
However, delays may occur for any of the following reasons:

  •     Last minute changes proposed by the customer;
  •     specialty items;
  •     unforeseen circumstances, or
  •     delivery area;


If for some reason we can not meet the delivery date attributable to Kotosh & co, will inform you of this and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.
Please note however that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, be deemed to have "delivery" or the order has been delivered, at the time of signing the receipt at the agreed delivery address.


Undeliverable

If after two attempts, we prove impossible to make delivery of your order, we will try to find a safe place to stop. Also, leave a note telling you where your order and how to collect it.
If you will not be in the place of delivery of the order at the agreed time, please get in touch with us to agree on another day delivery.
In any case, to collect your order, you have a period of 30 days from the date on which, following the procedure established in these Conditions, be informed that your order is available. If after this period, you had not picked up your order, we understand that the contract has been properly fulfilled.


RISK AND PROPERTY OF PRODUCTS

The risks of the products will be in charge from the time of delivery.
You will acquire the ownership of the goods when we receive full payment of all amounts due in connection therewith, including shipping charges if they come, or at the time of delivery whichever is at a later time.


PRICE AND PAYMENT

The price of each product will be as stipulated at all times on our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you within 72 hours of confirmation of your order, and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund that would have been paid.
We will not be obliged to supply any product at lower price wrong (even though we have sent you the Order Confirmation) if the pricing error is obvious and unmistakable and could have been reasonably recognized by you as incorrect price.
The prices on this website include VAT and shipping to mainland Spain, for other destinations please contact through our form.
Prices may change at any time, but (except as noted above) changes will not affect orders in respect of which we have already sent you a Order Confirmation.
Once you have made your purchases, all items you wish to purchase are added to your cart and the next step will process the order and make payment.
To do this:
Click on the "Shopping Cart" at the top of the page.
Click on the "View Cart".
Click the button "Checkout".
Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which it will refer the bill.
Enter your card details.
Click "Authorize Payment"
You can make payment by Visa, Mastercard, American Express, Affinity Card and PayPal, or bank transfer.

Once we receive your order, we will make a pre-authorization on your card to ensure there are sufficient funds to complete the transaction.
If your method of payment is PayPal, the charge will be made in the time that we confirm the order.
By clicking "Authorize Payment" you are confirming that the credit card is yours.
Credit cards are subject to validation checks and authorization by the issuer of the same, but if the issuer fails to authorize payment, we are not responsible for any delay or failure to deliver and can not form a Contract with you.

If you wish to pay by bank transfer, your order will not be completed until you check the correct reception of the payment of the price and will be notified

VALUE ADDED TAX

In accordance with the provisions of Article 68 of Law 37/1992 of December 28, the value added tax, delivery of items shall be located in the territory of VAT Spanish if delivery address is in Spanish territory, except Canary Islands, Ceuta and Melilla. The VAT rate applicable will be the law in force at any time depending on the specific article in question.
For orders bound for the Canary Islands, Ceuta and Melilla, deliveries will be found exempt from VAT pursuant to Article 21 of Law 37/1992, without prejudice to the application of taxes and tariffs, in accordance with applicable force in each of these territories.


POLICY CHANGES

Under the applicable regulations, if you are contracting as a consumer, you may apply to change their same items for similar or characteristics, provided that due to a manufacturing error or damage attributable to the company.
You can establish the right to change in any manner permitted by law, in all cases considered validly exercised this right by sending the document that specifies the cause in a reliable way.
This provision does not affect other consumer rights recognized by law.
Otherwise no amount will not be refunded, because the items are customized or are party accessories.

Common provisions

Your right to make changes to the / objects of Contract shall apply exclusively to those products that are returned in the same condition you received them.
Please return the item using or including their original packaging. You must also include all instructions, documents and packaging of products. In any case, must submit with the product to return the ticket to be received at the time of delivery of the product, fully completed.
You may make the returns in our store located at Av / word n ​​º 14, 28500, Arganda del Rey, Madrid, or by messenger / courier to send to you.
Neither options at additional cost to you.
In case you do not want to return the products through one of the free options available, you will be responsible for the cost of return. Please note that if you decide to return the items, carriage will be entitled to charge the expenses we incur.
After reviewing the article will be contacted if you are entitled to change, such change shall be made as soon as possible and in any event within 30 days from the date you told us the product defect.
If you have any questions, please contact us through our contact form or by calling  (+34)918 707 536. begin_of_the_skype_highlighting

Returns via courier / Courier

You must contact us via our contact form so we can arrange collection at home. You must deliver the goods in the same package in which it was received, following the instructions in the "Returns" on this website.

Returns in the Canary Islands, Ceuta and Melilla / International.

If you want to cancel the order, must report it within 24 hours since you made, because in this range can be started making them, and not always possible to stop the production.
If your order has been shipped, you must pick up your order when it is delivered and contact us within a maximum of 7 days from the date of receipt.
Refund of total order value only when the good is a shipping error or is defective from home. The refund will be made in the same manner in which it was paid.
Products must be returned unused, with all tags attached and original packaging in good condition. It is considered the state in which it is the product before making a refund.
If the return is for another reason, return costs will not be reimbursed.
If you want to exchange or return a product that had been delivered in the Canary Islands, Ceuta or Melilla, you should contact us at the phone number (+34) 918707536 to agree with us or any of our representatives, the collection of the product by a messenger, or perform return to their own cost.
This excludes the rights recognized by law.


WITHDRAWAL

You may cancel the purchase within 24 hours of the same, as long as you notify a reliable way to Kotosh & co.
To do this you can use our contact form, stating your order number.
Overcoming the 24 hours may not waive the purchase, by being personalized party products that are already in process of preparation.


LIABILITY AND DISCLAIMERS

Unless otherwise expressly provided in these Conditions, our liability in connection with any product purchased on our website is strictly limited to the purchase price of the product.
Notwithstanding the above, our liability is excluded or limited in the following cases:

  •     In case of death or personal injury caused by our negligence;
  •     In case of fraud or fraudulent misrepresentation, or
  •     In any case in which it would be illegal or unlawful were to exclude or limit, or we tried to exclude or limit our liability.

Without prejudice to the above, and to the extent legally permitted, and unless these Conditions provide otherwise, we will not accept any responsibility for the following losses, regardless of their origin:
  •     loss of income or revenue;
  •     loss of business;
  •     loss of profits or contracts;
  •     loss of anticipated savings;
  •     data loss, and
  •     waste of time management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website unless establishment expressly stated therein.
All product descriptions, information and materials contained in this website is provided AS IS and without express or implied about them.
To the extent permitted by law, we disclaim all warranties, except those which may not lawfully be excluded against consumers and users.
The provisions of this clause do not affect your statutory rights as a consumer and user, or your right to cancel the Contract.



INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the website, we are at all times to us or our licensors who use.
You may use this material only on the way expressly authorized by us or our licensors who use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.


VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not make improper use of this website by the deliberate introduction into it of viruses, trojans, worms, logic bombs or any program or technologically harmful material or harmful. You will not attempt to gain unauthorized access to this website, the server on which the site is hosted or any server, computer or database connected to our website. You agree not to attack this site via a denial-of-service attack or a distributed denial of service.
Breach of this provision is likely to involve the commission of offenses defined by applicable regulations. Will report any breach of those rules to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, shall immediately cease to be authorized to use this site.
We will not be responsible for any damage or loss resulting from a denial of service attack, viruses or other technologically harmful software or material or harmful that may affect your computer, computer equipment, data or materials resulting from the use of this website or downloading content from the same, or the same redirect.


LINKS FROM OUR WEBSITE

In the event that our site contains links to other websites and third party materials, these links are provided for informational purposes only, without us having any control over the content of these websites or materials. Therefore, we do not accept liability for any loss or damage resulting from its use.


WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to be in writing. By using this site, you agree that most of us are such electronic communications. We will contract with you via email or we will provide information hanging notices on this site. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically satisfy the legal requirements to be written. This condition does not affect your statutory rights.


NOTICES

Notifications that you provide should be sent preferably via our contact form. Under the provisions of this contract and unless otherwise stated, we may give notice either the e-mail or to the postal address provided by you when placing an order.
It is understood that the notifications have been received and properly served, in the moment when posted on our website, 24 hours after an e-mail sent, or three days after the date of posting of any letter. To prove that the notice has been made, will be sufficient to prove, in the case of a letter, that was the right direction, was properly sealed and that was duly delivered by email or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.


TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on both you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, to them, or for you, without obtaining our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it for us or for us, at any time during the term of the Contract. For avoidance of doubt, such transfers, assignments, liens or other transfers will not affect the rights, if any, you have as a consumer recognized by law, or canceled, reduced or otherwise limited warranties either express or implied, that we could have granted him.


EVENTS BEYOND OUR CONTROL

We will not be responsible for any failure or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure").
The Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:

  •     Strikes, lockouts or other industrial action.
  •     Civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (declared or not) or threat or preparation for war.
  •     Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  •     Impossibility of the use of railways, shipping, aircraft, motor transport or other means of transportation, public or private.
  •     Inability to use of public or private telecommunications networks.
  •     Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  •     Strike, failure or accidents borne transport, postal or other transportation.


They understood that our obligations under the Contract shall be suspended during the period that the Force Majeure Event continues, and we will have an extension on the deadline to comply with these obligations, for a period of time equal to the duration of the Force Majeure .
We will use our reasonable endeavors to bring the Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract, despite the Force Majeure.


DISCLAIMER

The lack of requirement on our part, strict compliance by you of any of the obligations assumed by you under a contract or of these Terms, or lack of exercise by us of any right or remedy that we may correspond under this Agreement or the Terms will not constitute waiver or limitation in relation to those rights or remedies, shall not relieve you from compliance with such obligations.
No waiver by us of a remedy particular, constitute a waiver of other rights or remedies under the Contract or the Terms.
No waiver by us of any of these Terms or any right or remedy under the Contract shall become effective, unless expressly stated to be a waiver, and formalized and is communicated to you in writing in accordance with the provisions paragraph on Notices above.


SEVERABILITY

If any of these Conditions or any provisions of a Contract are declared null and void by a final decision by a competent authority, the remaining terms and conditions shall remain in force, without being affected by the declaration of nullity.


ENTIRE AGREEMENT

These Terms and any document expressly referred to in them, constitute the entire agreement between you and us relating to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing.
You and we acknowledge having consented to the conclusion of the Agreement without reliance on any statement or promise made by the other party, or that could be inferred from any statement or written in the negotiations between the two, before this Contract; except that which is expressly mentioned in these Conditions.
Neither you nor us shall have action against any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had made fraudulently) and the only action that will have the other party shall be for breach of contract as provided in these Conditions.


OUR RIGHT TO VARY THESE condidiones

We have the right to revise and amend these Terms at any time.
You will be subject to the policies and Conditions in force at the time you use this website or order products from us, unless by law or governmental authority should do retroactive changes in those policies, Terms or Privacy Statement on which case it will apply to orders you have previously made.


APPLICABLE LAW IN LABELING

The dresses made by Kotosh not labeled, because it was made by hand and as thus are not made in series and have no standard sizes, in strict compliance with the rules contained in Article 2 of Regulation (EU) 1007/2011 repealing Directive 73/44/EEC, 2008/121/EC Council and the European Parliament.



LAW AND JURISDICTION

Use of our website and purchase contracts of products through this website shall be governed by Spanish law.
Any dispute arising from or relating to the use of the website or to such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect the rights reco
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