FREE delivery on orders over £200

Fast Tracked INTERNATIONAL Shipping

10% off your first order. Code: WELCOME

FREE delivery on orders over £200

Fast Tracked INTERNATIONAL Shipping

10% off your first order. Code: WELCOME

Terms of service

COMMUNICATIONS

When signing up to Kulu Beach subscriber list, you consent to Kulu Beach using your personal information, such as your email address, for direct marketing purposes. This includes sending you correspondence such as newsletters, product information, competitions and promotions, by email, SMS, social media or post. You may opt out of receiving these direct marketing communications, and any variation to your communication preferences, at any time.

 

GENERAL

All contracts and dealings between Kulu Beach and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Kulu Beach’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Kulu Beach to the Customer through the website kulubeach.co.uk (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

By using the Website, the Customer agrees to be bound by these Terms, as may be amended by Kulu Beach at any given time.

 

VARIATION

Kulu Beach has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.

 

ACCESS

Access to the Website is permitted on a temporary basis, and Kulu Beach reserves the right to withdraw or amend the Services without notice. Kulu Beach will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, Kulu Beach may restrict access to some parts or all of the Website without notice.

 

PRIVACY

Your privacy and the protection of your data is of the utmost importance to us and we can assure you of the following:

  • We will never sell, give away or otherwise divulge the information you give us to any other person or company.
  • We will only use the information you give us to complete the processing of your order and to ensure you receive a quality service from us. 
  • Your data will not be stored or processed for any reason other than those reasonably expected of an online clothing retailer to fulfil your order. We will only hold on to your information for three years or if reasonably necessary to meet legal or regulatory requirements, resolve disputes or prevent fraud and abuse.
  • Your payment account details will not be stored by us.
  • We may from time to time send you emails of promotions or exciting new products and styles unless you tell us not to or ask us to stop via your account setting on the website or by using the 'unsubscribe' on any of our emailers.
  • We will of course always keep you informed of the processing status of your orders.  

INTELLECTUAL PROPERTY

  • All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of Kulu beach.
  • The Customer is authorized to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
  • The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of Kulu Beach. Such consent may be withheld by Kulu Beach at its absolute discretion.
  • The Customer must not remove any copyright or trademark notices from the content found on the Website.
  • Kulu Beach makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

 

TERMS OF SALE

  • By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and Kulu Beach with respect to the supply of the Goods in accordance with these Terms.
  • All Orders are subject to availability of the Goods and confirmation of the Order price.
  • Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to UK and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which Kulu Beach will not be responsible.
  • The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
  • Kulu Beach reserves the right to accept or reject an Order for any reason at any time.
  • When placing an Order the Customer undertakes that all details that are provided to Kulu Beach are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

 

PRICE

  • The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee.
  • Unless otherwise stated, all Prices quoted are in British Pounds and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
  • Kulu Beach reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
  • In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
  • Kulu Beach will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

 

CANCELLATION, REFUND & EXCHANGE POLICY

  • Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to Kulu Beach. The Customer will, however, be able to return selected Goods in accordance with Kulu’s returns policy.
  • Kulu Beach may accept returns within 10 business days for UK customers and 28 business days for international customers from the date of delivery. Goods must be unwashed, unworn and in their original purchase condition with original tags still attached with no signs of being removed and re-attached.
  • Goods for return must be posted at the Customer’s expense.
  • The Customer must fill out the returns request form in order for us to process all returns and email us at returns@kulubeach.co.uk to conform return.
  • Any Goods which Kulu Beach has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment was faulty, or there was a dispatch error by Kulu Beach.

 

DAMAGED & FAULTY GOODS

  • All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with UK Consumer Law.
  • If the Customer discovers that a Good is faulty or damaged, the Customer must notify Kulu Beach within 10 business days of purchase by contacting Kulu Beach via returns@kulubeach.co.uk
  • If Kulu Beach inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair or replacement (for a minor fault) or a refund, repair or replacement (a major fault). The UK Consumer Law Guarantees outline the difference between the two.
  • Kulu Beach will cover the packaging and postage costs associated with the Customer returning a faulty or damaged goods.
  • Customers are liable for any delivery costs if the Good is found not to be faulty.


DELIVERY

  • Any period or date for delivery of Goods stated by Kulu Beach is intended as an estimate only and is not a contractual commitment. Kulu Beach will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
  • Kulu Beach reserves the right to amend delivery methods without notice.


DELIVERY – UK

  • All deliveries of Goods purchased by the Customer will be made by registered courier (Royal Mail) and are delivered requiring a signature at the delivery address.
  • If the Customer believes their nominated delivery address will be unattended at the time of delivery, Kulu Beach suggests nominating an address that the Customer knows will be attended during regular business hours. If the nominated delivery address is unattended at the time of delivery, a card will be left with details as to where the Customer can collect the Goods or arrange a re-delivery.
  • Kulu Beach will not be held responsible for any occurrence that may happen following the Delivery of a Goods, including theft or damage. All risk in the Goods will remain with the Customer upon Delivery and Kulu Beach will not offer a replacement Good or refund a Customer for any lost or damaged Goods.
  • Every effort will be made to dispatch your order as quickly as possible, but we cannot take any responsibility if it does not arrive on a specific date or within any certain time limit.
  • Delivery of Orders placed on a weekend or public holiday will not be processed until the following 1-2 business days.


DELIVERY – INTERNATIONAL

  • International deliveries will be made by Royal Mail Post.
  • Estimated delivery time for international orders varies depending on location. 
  • In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact Kulu Beach.
  • International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. Kulu Beach has no control over the import fee charged and will not be responsible for the payment of any duties or taxes.
  • Where taxes and duties are refused to be paid by a Customer and a parcel is returned to Kulu Beach. The Order will be refunded (less any shipping costs paid).

 

 

PRE – ORDER ITEMS

A Pre-Order is the term used when a Good is currently unavailable for immediate shipment and is in production to be shipped at a later date. The estimated date of delivery is displayed on the product page and the product is clearly marked as a pre-order online. Pre-Order items that are not able to be cancelled once placed.


LIMITATION OF LIABILITY & INDEMNITY

  • The UK Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in UK. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the UK Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the UK Consumer Law, Kulu Beach makes no warranties or other representations in relation to the supply of Goods. Kulu Beach’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
  • The Customer agrees to use the Website at their own risk. The Customer agrees to indemnify Kulu Beach, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from the Customer’s use of the Website or breach of these Terms, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the Goods.
  • Kulu Beach does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
  • The Customer accepts upon Delivery all risk for loss or damage to the Goods whether caused by the Customer or not, and the Customer indemnifies Kulu Beach against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Goods after the Customer has taken possession of the Goods. Risk in the Goods will remain with the Customer at all times unless Kulu Beach retakes possession of the Goods.


LINKING TO THIS WEBSITE

  • The Website may provide links to websites and access to content from third parties, including users and affiliates of Kulu Beach.
  • The Customer agrees that Kulu Beach is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
  • To the fullest extent permitted by law in no way will Kulu Beach, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.


WAIVER

  • The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
  • The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
  • Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver and shall be effective only to the extent specifically set out in that waiver.


FORCE MAJEURE

If the performance of Kulu’s obligations under these Terms is prevented, restricted or affected by a force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Kulu Beach, Kulu Beach will not be liable for any loss or damage suffered by the Customer or any other person and Kulu Beach will give the Customer written notice if the force majeure event has continued unabated for 30 days.


SEVERABILITY

  • The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
  • The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.


ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.