In no event will KOUSCH’s total liability arising out of or in connection with THE USE OF OR INABILITY TO USE the Services or site content EXCEED THE AMOUNTS YOU HAVE PAID TO KOUSCH IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KOUSCH, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KOUSCH AND YOU.
All orders are subject to written acceptance by KOUSCH. All orders will be confirmed by KOUSCH, in writing, by e-mail. Merchandise displayed on the KOUSCH Site may be out-of-stock or discontinued.
Prices, Taxes and Duties
All prices are in Japanese Yen. Prices may change without notice from time to time. The total amount due is exclusive of duties and taxes.
All duties and taxes for international shipments are the responsibility of the customer. If the customer refuses to pay these extra charges, the return shipping and any additional fees will be charged to the credit card originally used for the order.
You are responsible for the shipping costs associated with the delivery of merchandise you purchased. Detail of shipping cost is defined here
All items will be delivered to the address specified in your order.
To minimize the risk of loss of the items, inform us all the necessary information precisely including phone number and door codes.
In case the items is sent back to KOUSCH due to your absence or due to your failure of receiving/picking up of the items, the return shipping and any additional fees will be charged to the credit card originally used for the order.
We shall be under no liability for any delay or failure to deliver products.
Damage and Return
We want to make sure that there is no error in KOUSCH’s product or delivery.
Although, if you have received a damaged or defective item, please contact us within 7 days of receiving and be sure to include the following information:
- The original order information
- Your current shipping address
- Photographs of the defective or damaged item
Based on your notification, we will contact you and resend the same product in case we agree that there was a damage and defect.
We do not accept any returns or exchanges items other than the case the item is damaged or defective.
Our products are hand printed and there are small variations in printings, but they are not faults.
We do not accept any returns which is damaged or stained due to your error.
All risk in the items you order (including risk of loss and/or damage to the items) shall pass to you when they are delivered to the delivery address specified in your order.
Please check the size of our product very carefully before the purchase.
We will take all reasonable care to keep your order secure.
Passwords would need to be set responsibly by yourself – use strong passwords at all times.
- kousch-style.com: We are using secure hosting provider and using SSL to secure transactions. Also, we encourage customers to use complex password. We never store your credit card data within our site.
- Stripe: See Stripe Security page.
- PayPal: See PayPal Security page.
But in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from our website.
We shall not be liable to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any loss arising out of any internet, network or virus problem, or for any loss of profit, revenue, anticipated savings or data (in each case whether direct or indirect), or for any indirect loss.
Purchase for Personal Use Only
You may purchase products on this site for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
In case there is a need for resale, KOUSCH’s approval is necessary.
Content of This Site
We control and operate the Services from Japan, and all information is processed within Japan. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
From time to time, there may be information shown that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. KOUSCH reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice. Even after you have recieved confirmation or shipping notification. KOUSCH has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, KOUSCH cannot guarantee that your computer monitor’s display of any color will be accurate.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of Japan. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of Japan government’s lists of prohibited and restricted parties.
All content of our web site (including text, graphics, logos, button icons, images, and software) is the property of KOUSCH and is protected by Japan and international copyright laws. You may electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to placing an order or shopping with kousch-style.com. Any other use of our web site is strictly prohibited without our prior written permission.
The trademarks, logos, service marks and trade names of KOUSCH and our affiliates may not be used without our written permission
The following actions are prohibited for customers to use KOUSCH Websites.
Any violation may result in restrictions of Transactions and/or rejection of future Transactions.
Customers are responsible to pay compensation for any damages which may arise from their illegal acts made against KOUSCH, such as
(1) Violation of rights, interests and defamation of KOUSCH, other customers, Service Providers and any other third parties,
(2) Wrongful orders without actual intention of their payments, Transactions with identify thief, providing false information, any wrongful acts,
(3) Illegal acts, or
(4) Violation of rules and terms defined by KOUSCH.
The terms and conditions of our Information Privacy Statement govern the processing of all personal data collected from you in connection with your purchase of merchandise through our Site.
Relationship between KOUSCH and its customers is governed by Japanese laws without regard to its conflict of laws provisions. Tokyo District Court is the first and exclusive court of jurisdiction for any litigation should it arise.
■Informal Dispute Resolution
We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or Content (collectively, a “Dispute”), you and KOUSCH agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to KOUSCH at email@example.com. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and KOUSCH agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or KOUSCH may resort to the other alternatives described in this section.
■Agreement to Arbitrate
In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described above, you and KOUSCH agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions to Agreement” to Arbitrate below.
■Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within thirty (30) days of your first use of any of the Sites and stating that you decline this arbitration agreement. If you have an account on any of the Sites, the opt-out notice must include the email address we have on file for that account.
■No Class Actions You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff of, or participate as part of, any purported class, joint, consolidated or representative action. Further, unless you and Bonobos otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, joint, consolidated or representative proceeding.
KOUSCH’s order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between KOUSCH and you on the matters contained in these General Terms and Conditions of Sale.