Koji & Ko, www.kojiandko.com owns and operates this Website. This document governs your relationship with Kojiandko.com (Website). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason if 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.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Kojijapan.com 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 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.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Kojiandko.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Kojijapan.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Kojiandko.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Kojiandko.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Koji & Ko or may in some cases be a third party. Where a contract is made with a third party Kojiandko.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you 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. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
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.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability
Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.
We accept payment via Visa, Mastercard, American Express (AMEX) and PayPal. You must comply with the applicable T&Cs of these providers.
(d) Pre Orders
Pre-orders are offered before a product is available to the general public, and/or through our store network. This allows customers to secure high-demand items before they sell out. Pre-orders are subject to delayed delivery, and the expected delivery time-frames will be outlined on the individual product page. However, we cannot guarantee delivery dates for pre-orders as we often haven’t received the full stock allocation from the manufacturer. In the rare case that for any reason a pre-order cannot not be fulfilled, you will be notified, and a full refund will be issued.
Koji & Ko will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.¨You should consider whether you need to obtain any suitable insurance.
Subscribing to the Koji & Ko e-newsletter is not compulsory, and you can un-subscribe at any time. We will never sell or share your information with third parties.
Koji & Ko offers the ability for you to create a personal, Online Account. You can create your own account here.
You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Koji & Ko is entitled to assume that anybody accessing your account using your confidential username and password is you.
Be aware that others may access your account and private information if you do not sign-out before ending your session with Koji & Ko. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Kojiandko.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Kojiandko.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Trademarks, images of personalities and third party copyrightâ€¨
All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, Our Content) is the property of Koji & Ko or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.
Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Koji Japan.
You agree to indemnify, defend and hold harmless Kojijapan.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Kojiandko.com 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.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
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.
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.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kojiandko.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Kojiandko.com.