THE SERIOUS LEGAL BIT

What these terms cover. These terms and conditions govern the use of our website and our supply of products to you.

Why you should read them. Please read carefully before you submit your order or join a waitlist. These terms tell you important information, including in relation to orders, our contract, and how to manage any problems. They also explain our expectations relating to your use of our website. 

1. ABOUT KOSTUME AND GETTING IN TOUCH
   1. Who we are. We are KOSTÜME Limited, registered in England and Wales (registration number 2827231). Our registered office is at Newminster House, 27-29 Baldwin Street, Bristol, BS1 1LT. Our registered VAT number is 405472219.
   2. How to contact us. For anything specifically relating to orders, reach out to our customer service team at store@kostume.cc. For anything else, you can find us at hello@kostume.cc
   3. How we may contact you. By telephone or by writing to you at the email address or postal address you have shared.
   4. "Writing" includes emails. When we use the words "writing" or "written", this includes emails.
      
      
2. WELCOME TO OUR WAITLIST
   1. Joining our waitlist. We release most of our products in strictly limited edition batches – we call these “edits”. Where we are yet to launch an edit, or where products are out of stock, we may invite you to join a waitlist. You do this by providing your email address. 
   2. Our waitlist. Joining the waitlist does not automatically commit you to placing an order and it does not guarantee we will supply products to you, though of course we hope to do so. 
   3. Confirming your order. If you are on our waitlist when the product you have requested becomes available, we will contact you via email to give you the green light and ask you to confirm your purchase request. So that we can make sure our wait list is fair, you’ll be given a specific window of time in which to confirm before we offer it to the next person on the list. Don’t miss it! Once you have confirmed your purchase you will be asked to pay for the products you have ordered and clauses 3 to 10 inclusive, below, apply. 
   4. Our right to cancel. From time to time we may discontinue certain edits, sizes, products or colourways or may otherwise choose not to offer products to those on out waitlist. This is at our discretion. We will always let you know by email if your waitlist position has been cancelled for whatever reason. 
      
      
3. OUR CONTRACT WITH YOU
   1. How we accept your order. Order acceptance happens when we email you an order confirmation. At this point a contract is formed between us.
   2. If we cannot accept your order. If we are unable to accept your order or any part of it, we will let you know and will not charge you for the relevant product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because of other factors out of our reasonable control.
   3. Your order number. You’ll receive an order number when we accept your order. Please tell us the order number whenever you contact us about your order.
   4. Our right to cancel. From time to time our small batch production method may mean we are unable to fulfil your order or any part of it. If that is the case we will let you know as soon as we reasonably can, and will refund any payment made which relates to the cancelled order, or cancelled part, as applicable.
      
      
4. OUR PRODUCTS
   1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. We always want to display the colours accurately but cannot guarantee that your device's display accurately reflects the colour of the products. The nature of our lean production model means that we sometimes use pre-production samples for parts of our photoshoots and promotional materials. Your product may vary slightly from those images. For the most accurate product information including fit detail always refer to the product detail and flat lay images in the corresponding product information page. 
   2. Our right to make changes. We may need to update the product to reflect changes in relevant laws and regulatory requirements, or to address a safety or performance issue. That’s part of our commitment to delivering a premium product and won’t affect your use.
      
      
5. DELIVERY
   1. Lead Times. Our innovative business model means that products are made to order in small batches. Unless otherwise specified on a product information page, manufacturing lead times are typically 6-8 weeks from the point that a product campaign successfully ends. We will let you know as soon as we can if there is any significant changes to lead times relating to your order.
   2. Delivery costs. Our delivery costs differ depending on the value of your order and where you live. Please see the Delivery section in our How Does it Work page here for more information.
   3. Delays outside our control. If our supply of the products is delayed by an event outside our control, we will contact you as soon as we can to let you know. Provided we try to to minimise the effect of the delay we will not be liable for related delays, but if there is a risk of substantial delay you may contact us via store@kostume.cc to end the contract and receive a refund for any products you have paid for but not received.
   4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, please contact the delivery agent directly to re-arrange.
   5. If you do not re-arrange delivery. If, after a failed delivery, you do not re-arrange delivery or collect the products, we will contact you for further instructions. Depending on the local delivery agent, you be may charged extra for storage costs or any further delivery attempts. This is out of our control. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
   6. When you become responsible for the products. Products will be your responsibility from the time we deliver the product to the address you gave us when placing the order.
   7. When you own the products. You own the product once we have received payment in full.
      
      
6. RETURNS AND YOUR RIGHTS TO END THE CONTRACT
   1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract. Contact us if you think this applies. We’ll help and can provide a summary of your rights. Where necessary we will cover the costs of returning the item to us;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
      3. If you have just changed your mind about the product, see clause 6.3. You may return products to us if you have changed your mind within 14 days. You will have to pay the costs of return of any products.
      4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4. 
   2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 6.2.1 to 6.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to;
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control; or
      4. you have a legal right to end the contract because of something we have done wrong.
   3. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products. As a made-to-order brand, we do not carry stock and so it is essential to our business model that any product returns are dealt with quickly so that they may be offered to people on our waiting list.
   4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of products sealed for health protection or hygiene purposes once these have been unsealed after you receive them. This includes wearing/using the bib short chamois pad.
   5. Are delivery charges refundable? Delivery charges are non-refundable, except in the event that a product is returned and refunded due to circumstances where we are at fault, for example due to product failure. In the event of a product being replaced rather than refunded, we will pay the related delivery charge(s) for the replacement. Please see the Returns section in our How Does it Work page here for more information.
      
      
7. HOW TO END THE CONTRACT AND RETURN PRODUCTS
   1. Tell us you want to end the contract. To end the contract with us or return products, please email us with the order number at store@kostume.cc 
   2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at 10 Lake Road, Bristol, BS10 5HG. Please contact customer services at store@kostume.cc for a return label or to arrange collection. If you are exercising your right to change your mind you must send the products back within 14 days of telling us you wish to end the contract.
   3. When we will pay the costs of return. We will pay the costs of return:
      1. if the products are faulty or misdescribed; or
      2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so because of something we have done wrong. 
      3. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
   4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
   5. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
      1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if they are soiled or damaged. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 
   6. When your refund will be made. We will make any refunds due to you within 7 calendar days from the day on which we receive the product back from you. 
      
      
8. OUR RIGHTS TO END THE CONTRACT
   1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      1. you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, clarifying your delivery or payment details; 
      3. you do not, within a reasonable time, allow us to deliver the products to you; or
      4. you are misusing, or have misused, products purchased from us previously, including for example ordering excessive volumes of product for resale or copying our product.
         
         
9. PRICE AND PAYMENT
   1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
   2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
   3. You will be responsible for any customs, import duties and taxes payable for your order where you are placing an order from outside of the UK. In addition, some orders may experience customs delays. Unfortunately, we have no control over these charges or delays and cannot predict what they may be. In this unlikely circumstance, we suggest that you contact your local customs office for additional information.
   4. What happens if we got the price wrong. We try really hard to get this right, but products we sell may sometimes be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
   5. When you must pay and how you must pay. We accept payment via Stripe.
   6. You must pay for the products before we dispatch them. 
      
      
10. TERMS RELATING TO USE OF OUR WEBSITE
    1. We may make changes to our site: We may update and change our site from time to time. 
    2. We may suspend or withdraw our site: 
       1. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 
       2. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
       3. We may suspend or withdraw your account if you are misusing, or have misused, products purchased from us previously, including for example ordering excessive volumes of product for resale or copying our product. 
    3. We are not responsible for viruses and you must not introduce them: 
       1. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. 
       2. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. 
       3. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
    4. You must keep your account details safe:
       1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
       2. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at store@kostume.cc 
    5. How you may use material on our site: 
       1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
       2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
       3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
       4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
       5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
       6. If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    6. Do not rely on information on this site: 
       1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our site.
       2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
          
          
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
    3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
       
       
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
    We will only use your personal information as set out in our Privacy Policy. To view our Privacy Policy please click here.
    
    
13. OTHER IMPORTANT TERMS
    1. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    2. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    3. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
    7. Protection of products, including Artwork: You must not at any time whether prior to purchasing products, or after purchasing products, produce copies of, or procure the production of, copies of the products and the purpose of you producing a copy or procuring the production of a copy is to sell, gift or donate that copy to any other person.