SHOWROOM TERMS OF USE
TERMS AND CONDITIONS
COCONAUTICAL LTD WEBSITE TERMS AND CONDITIONS
Welcome to the COCONAUTICAL.COM website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, COCONAUTICAL LTD and all of its divisions, subsidiaries, and affiliate operated Internet sites that reference these Terms and Conditions.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time.
Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
USE OF THE SHOWROOM
Subject to these Terms and Conditions, COCONAUTICAL.COM hereby grants you a limited, revocable, non-exclusive license to access and use the COCONAUTICAL.COM website on your computer or mobile device or any electronic device. You may not reproduce, modify, display or otherwise make commercial use of any content from the COCONAUTICAL.COM website unless expressly permitted by COCONAUTICAL.COM.
COCONAUTICAL.COM reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user's conduct violates applicable laws or is otherwise harmful to COCONAUTICAL.COM.
COPYRIGHT AND INTELLECTUAL PROPRIETY RIGHTS
The Provider provides certain information on the Website. Content currently or anticipated to be displayed on this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematographic Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by United Kingdom and international copyright laws.
The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice. All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, PATENT or other Intellectual Property Rights in or to the Content.
All graphics, images, and content on the COCONAUTICAL.COM website, blog, and social media outlets belong exclusively to COCONAUTICAL.COM, or its affiliates.
The use of any COCONAUTICAL.COM trademarks or service marks without COCONAUTICAL.COM ‘s express written consent is strictly prohibited.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under the United Kingdom, England and Northern Ireland copyright laws and international conventions.
All rights are reserved.
CHOICE OF LAWS
These Terms and Conditions shall be governed by the laws of the United Kingdom, England and Northern Ireland, and the User consents to the jurisdiction of the United Kingdom High Court in the event of any dispute. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of COCONAUTICAL LTD in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
ORDER OF ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order.
In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
DISCLAIMER
This site and all contents of the site are provided on an ‘as is’ basis without warranties of any kind, either expressed or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
You acknowledge, by your use of this site, that your use of this is site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that COCONAUTICAL.COM shall not be liable for any damages of any kind related to your use of the site.
SUPPORT
You may contact our Customer Service team via email at: hello@coconautical.com
Our Showroom is a combination wholesale platform for designer brands looking to connect directly with buyers and customers in new markets.
We represent more than 40 international brands. The brands on COCONAUTICAL are supported by a global sales team of representatives based across the US, EU, and the Middle East.
We work with a strong network of retailers, department stores, hotel groups and boutiques such as Selfridges, Net-a-Porter, Harrods, Neimann Marcus, ASOS, TK Maxx, Anthropologie, Top Shop, W Hotel Group, Moda Operandi, to name a few.
We love our brands and we want to see them grow. We work closely with them diversify their sales strategy. Not only do we help them to generate seasonal wholesale leads and orders but we also specialize in creating co-branding, OEM and concession opportunities by creating sustainable long-term relationships with key global retailers.
WHAT IS THE SHOWROOM?
The Showroom is platform created to help brands connect to buyers.
We features the lastest collections by our designer brands in a shoppable format, straThe showroom is only accessible by a password for each brand. Our in-house sales agents contact hundreds of international retailers
COCONAUTICAL.com is a fashion website which provides a platform for brands which are small businesses selling their own label or multi brands.
The Site meets the needs of over 30,000 global buyers by providing a place to discover unique brands and fashion from new designers. We reserve the right to remove brands that do not fall within this framework at any time.
The COCONAUTICAL Ltd supports independent labels and fashion businesses and that are looking to diversify their selling options.
BRAND ELIGIBILITY
COCONAUTICAL Ltd services are available only to, and may only be used by retained clients.
COCONAUTICAL Ltd may, in its sole discretion, refuse to offer access to or listing on the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by COCONAUTICAL Ltd's policies as stated in this Agreement and listed below (if applicable to your activities on or listing of your products on the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by COCONAUTICAL Ltd, each of which is incorporated herein by reference and each of which may be updated by COCONAUTICAL Ltd from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions published by the COCONAUTICAL Ltd from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on COCONAUTICAL Ltd you must provide and maintain a valid PayPal business account and postal address.
Right to Refuse Service: COCONAUTICAL Ltd reserves the right to refuse service to anyone at any time. COCONAUTICAL Ltd reserves the right, in COCONAUTICAL Ltd's sole discretion, to cancel unconfirmed or unresponsive account holders.
FEES AND SERVICES
COCONAUTICAL Ltd brand listings are charged at a monthly retainer fee, plus 12% of all wholesale orders and 15% for orders placed via The Showroom.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with COCONAUTICAL Ltd's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale when you provide your listing.
CONTENT
License: COCONAUTICAL Ltd does not claim ownership rights in your Content. You grant COCONAUTICAL Ltd a license solely to enable COCONAUTICAL Ltd to sell products on your behalf on the venue. Any information or Content you supply COCONAUTICAL Ltd is not violating any rights you might have in that Content. You grant COCONAUTICAL Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow COCONAUTICAL Ltd to store or re-format your Content on COCONAUTICAL Ltd and display your Content on COCONAUTICAL Ltd in any way as COCONAUTICAL Ltd chooses for the purpose of promotion.
By listing products and Content to COCONAUTICAL Ltd you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that COCONAUTICAL Ltd receives a complaint in respect of any Content submitted by you the content will be immediately removed and your account suspended. You also agree to compensate the Site for any loss suffered.
As part of a transaction, you may obtain personal information, including email address and shipping information. This personal information shall only be used for that transaction and may not be used to transfer the sale directly to your own site. This would be considered fee avoidance and may be subject to legal action.
By submitting images to COCONAUTICAL Ltd, you agree that COCONAUTICAL Ltd has the right to use your images to promote COCONAUTICAL Ltd and/or your brand on the Market in any external press as well as across all COCONAUTICAL social media channels.
RESOLUTION OF DISPUTES AND RELEASE
COCONAUTICAL Ltd, for the benefit of clients, may try to help users resolve disputes between buyers and brands, at their request. COCONAUTICAL Ltd does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that COCONAUTICAL Ltd attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.
For transactions completed by PayPal: COCONAUTICAL Ltd will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.
INTELLECTUAL PROPERTY
COCONAUTICAL Ltd, and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of COCONAUTICAL LTD. and its subsidiaries. The Showroom copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
PRIVACY
Except as provided in Coconautical Ltd.’s Privacy Policy is applicable. The Showroom will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
NO WARRANTY
COCONAUTICAL Ltd’s, officers, directors, employees, and suppliers provide the Showroom web site and services "as is" and without any warranty or condition, express, implied or statutory. COCONAUTICAL Ltd, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. in addition, no advice or information (oral or written) obtained by you from COCONAUTICAL Ltd shall create any warranty.
LIABILITY LIMIT
In no event shall COCONAUTICAL Ltd, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, the Showrooms services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
COCONAUTICAL Ltd’s. liability, and (as applicable) the liability of the company’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to COCONAUTICAL Ltd. the 6 months prior to the action giving rise to liability, or (b) £100.
INDEMNITY
By using the Showroom you agree to indemnify and hold COCONAUTICAL Ltd. (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
NO GUARANTEE
COCO Consultancy does not guarantee sales of any products on the Site. We maintain reasonable involvement for the promotion of each brand and rely on effective communication of inventory, images and information to allow successful transactions.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any COCONAUTICAL Ltd. service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified and agreed to reflect the parties' intention in writing. All remaining provisions of this Agreement shall remain in full force and effect.
NO AGENCY
COCO Consultancy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
SERVICE
The COCO Consultancy reserves the right to modify or terminate its services for any reason, without notice, at any time.
COCO Consultancy reserves the right to alter these Terms of Use or other site policies at any time, so please review the policies frequently. If the company makes a material change we will notify you, by email. What constitutes a "material change" will be determined at COCO Consultancy’s sole discretion, in good faith, and using common sense and reasonable judgment.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by post to COCONAUTICAL LTD; 85 Great Portland Street W1W7LT in your case, to the email address you provide to COCONAUTICAL Ltd. (either during the application process or when your email address changes).
Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, COCO Consultancy may give you notice by post to the address provided to the company. In such case, notice shall be deemed given three days after the date of posting.
Please note that COCO Consultancy will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.