Terms of Service

KOTN — GLOBAL TERMS OF SERVICE

Last Updated: July 17, 2026

Welcome to KOTN. Please read these Terms of Service carefully before accessing our platform or making a purchase.

1. Scope, Acceptance, and Jurisdictional Structure

These Terms of Service ("Terms") constitute a legally binding agreement between you and KOTN (as defined below) governing your access to and use of the website located at kotn.com, and your purchases of products or interactions at any of our physical retail storefronts (collectively, the "Services").

As used in these Terms, "KOTN," "we," "us," or "our" refers to the specific contracting entity associated with your place of residence or transaction:

  • If you reside in the United States, you are contracting with Kotn America, Inc.
  • If you reside in Canada, you are contracting with Kotn Inc.
  • If you reside in the United Kingdom, you are contracting with Kotn UK Apparel Limited.

By using our Services or purchasing merchandise, you agree to be bound by these Terms. Because we operate in multiple countries, your agreement includes both these core global terms and the Region-Specific Addenda at the bottom of this document corresponding to your location. If any core term conflicts with a region-specific addendum, the region-specific addendum will control.

2. Eligibility and Account Security

We reserve the right to refuse service to anyone for any reason at any time. By creating an account or making a purchase, you represent that you have reached the age of majority in your country, state, or province of residence. You agree to provide and maintain accurate, current, and complete information in your account and to safeguard your account password. KOTN reserves the right to suspend or terminate accounts that violate these Terms, exhibit fraudulent behavior, or otherwise act in a manner inconsistent with the intended consumer use of the Services.

3. Product Descriptions, Garment Care, and Accuracy

  • Visual Displays: We make every effort to display the colors, textures, and fits of our products accurately. However, we cannot guarantee that your device’s digital display will perfectly reflect the actual item.
  • Natural Fiber Care: KOTN apparel utilizes high-quality, natural fibers (including our ethically sourced Egyptian cotton). Shrinkage or warping can occur if garments are not cared for properly. Customers are expected to follow the care labels sewn inside each item. KOTN is not responsible for damage resulting from improper laundering or failure to follow care instructions.
  • Product Availability: All products are subject to availability. We reserve the right to discontinue any product at any time without notice. Product descriptions, specifications, and availability are subject to change without notice.
  • Errors and Corrections: Information on the Services may contain typographical errors, inaccuracies, or omissions related to Product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an Order has been submitted.

4. Orders, Pricing, and Reselling Restrictions

  • Order Acceptance: When you place an order, you will receive an email acknowledging your order request. This email is simply a receipt and does not mean we have accepted your order. A binding contract between you and KOTN is formed only when we formally accept your order. Our acceptance occurs solely when we send you a separate shipping confirmation email notifying you that your items have been dispatched or provide you with a receipt (for in-store purchases). KOTN reserves the right to decline or cancel your order (or any part of it) for any reason, including product unavailability, pricing errors, or suspected payment fraud. If your payment has already been processed and we cancel your order, we will issue a full refund to your original form of payment.
  • Currency & Taxes: Prices are charged in the local currency of the online or physical storefront you are shopping on ($USD, $CAD, or £GBP). Prices exclude applicable sales tax, VAT, or regional shipping charges, which are calculated at checkout.
  • Commercial Reselling Prohibited: KOTN sells merchandise directly to end consumers. You are strictly prohibited from purchasing KOTN products for commercial resale, wholesale, or distribution through unauthorized third-party marketplaces. We reserve the right to limit quantities or cancel orders that appear to be placed by dealers or resellers.

5. Hosting Platform and Third-Party Services

Our e-commerce platform is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products to you.

If you utilize accelerated checkout features or consumer-facing services provided by our hosting platform - including but not limited to Shop Pay, Shop Pay Installments, or the Shop App - your use of those independent services is subject to Shopify’s separate Consumer Terms of Service and Privacy Policy. KOTN is not a party to those agreements, does not control their parameters, and is not responsible for the functionality, credit-scoring, data handling, or disputes arising directly from your use of Shopify's independent consumer tools.

The Services may contain links to third-party websites, applications, or services that are no owned, operated, or controlled by KOTN. We are not responsible for examining or evaluating the content, functionality, or practices of any third-party websites or services. We do not warrant and will not have any liability or responsibility for any third-party materials, products, websites, applications, or services.

6. Shipping, Title, and Risk of Loss

Estimated delivery timelines are provided at checkout. These are estimates only and are not guaranteed timelines. (except as provided by local statutory consumer laws). KOTN is not liable for carrier delays, strikes, acts of God, local weather disruptions, or other events beyond our reasonable control that affect delivery timelines. For products purchased online, the risk of loss and title for all products pass to you upon delivery of the products to the shipping carrier for transport. For products purchased in-store, risk of loss and title pass to you upon tender of the products to you at the point of sale.

You are responsible for providing an accurate and complete delivery address. We are not responsible for orders delivered to incorrect addresses provided by you, and any reshipment may be subject to additional charges.

7. Returns and Refunds

All returns, exchanges, store credits, and refund requests are governed exclusively by our standalone Refund Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to be bound by the procedures, timelines, qualifications, and regional channel restrictions outlined at kotn.com/legal/refund-policy. If a shipped order is returned to us undeliverable due to an incorrect address, refusal of delivery, or failure to claim the package, we will contact you to arrange reshipment or a refund in accordance with our Refund Policy.

8. Privacy and Data Protection

Your submission of personal information through our Services is governed by our Privacy Policy, which can be reviewed at (kotn.com/legal/privacy-policy). By using our Services, you acknowledge that you have read and understood our Privacy Policy, which describes how we collect, use, share, and protect your personal information across the United States, Canada, and the United Kingdom.

9. Intellectual Property and Content License

The Services, including all source code, website designs, text, photographs, graphics, and logos are owned or controlled by KOTN and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms, KOTN grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use only. 

If you submit reviews or tag KOTN in user-generated content on social media using our brand handles, you grant KOTN a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, display, and distribute that content for marketing purposes. You are prohibited from using the KOTN name, logos, and trade dress without prior written consent. KOTN reserves the right (but has no obligation) to monitor, screen, edit or remove user-generated content, and may refuse to display UGC at any time for any reason in our sole discretion.

10. Prohibited Conduct

You agree not to use our Services for any unlawful purpose; introduce viruses or malicious code; attempt to scrape or bypass security measures; engage in payment or chargeback fraud; or abuse or harass our retail staff or customer support representatives.

11. Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES INCLUDING ALL PRODUCTS ARE PROVIDED ON AN "AS-IS" BASIS. KOTN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KOTN, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. KOTN’S TOTAL LIABILITY FOR ANY CLAIM WILL BE LIMITED TO THE GREATER OF (A) FIFTY UNITED STATES DOLLARS ($50.00), FIFTY CANADIAN DOLLARS (CAD$50), OR FIFTY BRITISH POUNDS STERLING ((£50.00), AS APPLICABLE TO YOUR JURISDICTION, OR (B) OR THE TOTAL AMOUNT PAID BY YOU TO KOTN OVER THE PRIOR 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless KOTN, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, and suppliers from and against any and all claims, liabilities damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs), made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Termination

You may terminate this agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  KOTN may in its sole discretion and without liability to you, with or without cause, and with or without prior notice, and at any time: (A) suspend or terminate your access to all or any part of the Services;  and (B) suspend or terminate your account.

14. Effect of Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement, including your payment obligations for orders already accepted by KOTN.

15. Governing Law and Dispute Resolution

The governing law and dispute resolution procedures applicable to your use of the Services are set forth in the Region-Specific Addenda below, based on your place or residence or purchase. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU ARE SUBJECT TO THE DISPUTE RESOLUTION PROTOCOLS OUTLINED IN THE ADDENDUM APPLICABLE TO YOUR JURISDICTION.

16. Global Changes to Terms

We reserve the right to modify these Terms at any time. When we do, we will update the "Last Updated" date at the very top of this page. Your continued use of our websites, or retail spaces following the posting of modifications indicates your binding acceptance of the updated Terms.

17. Global Contact Hub

For questions about the Terms, legal notices, complaints, or support inquiries, please reach out via:

Email: hello@kotn.com

Global Digital Help Center: kotn.com/help

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REGION-SPECIFIC ADDENDA

APPENDIX A: UNITED STATES RESIDENTS

If you reside in or make a purchase within the United States, the following terms apply and supersede any conflicting global provisions:

1. Governing Law

These Terms and your relationship with Kotn, Inc. shall be governed by the laws of the State of New York, without regard to its conflict of law principles.

2. BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

  • Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (including any purchase transactions or in-store interactions) will be resolved exclusively through binding, individual arbitration, rather than in a court of law. You and KOTN waive your right to a trial by jury. Small claims court actions (so long as the matter remains in small claims court and proceeds only on an individual basis) and intellectual property infringement injunctions are the sole exceptions to this rule.
  • Informal Dispute Resolution: Before initiating arbitration, you and KOTN agree to try to resolve the dispute informally. You must send a written notice detailing your claim to hello@kotn.com. Both parties agree to negotiate in good faith for a period of sixty (60) days before a formal arbitration demand may be filed with the AAA.
  • Administration: The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The place of the arbitration shall be New York, New York, unless virtual hearings are chosen or dictated by the AAA.
  • CLASS ACTION WAIVER: YOU AND KOTN AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims. If this specific Class Action Waiver is found unenforceable, then the entirety of this Section 2 (Arbitration Agreement) shall be deemed null and void, but the remaining sections of the Global Terms shall survive.
  • 30-Day Opt-Out Right: You may opt out of this arbitration agreement by emailing hello@kotn.com within 30 days of your first purchase or account creation, explicitly stating your intent to opt out along with your full name and account email.

3. State-Specific Disclosures

  • California Residents: Under CA Civil Code Section 1789.3, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the CA Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  • New Jersey Residents: The warranty disclaimers (Section 10) and liability limitations (Section 10) apply to New Jersey residents only to the extent permitted by New Jersey law.

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APPENDIX B: CANADIAN RESIDENTS

If you reside in or make a purchase within Canada, the following terms apply and supersede any conflicting global provisions:

1. Governing Law and Jurisdiction

These Terms and your relationship with Kotn Inc. shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably attorn to the exclusive jurisdiction of the courts of Toronto, Ontario.

2. Exclusions to Liability Limits

The limitations and exclusions of liability outlined in Section 11 of the Global Terms do not apply to Quebec residents or to consumers in provinces where exclusions of certain damages or implied warranties are prohibited by provincial consumer protection legislation (such as the Ontario Consumer Protection Act).

3. Language (Quebec Residents Only)

The parties have expressly requested and required that this Agreement and all document certificates or notices relating thereto be drawn up in the English language. Les parties aux présentes ont expressément demandé et exigé que ce contrat et tous les documents, certificats ou avis y afférents soient rédigés en langue anglaise. (If you require a French version of these terms to comply with provincial guidelines, please toggle the language selector on our platform or contact hello@kotn.com).

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APPENDIX C: UNITED KINGDOM RESIDENTS

If you reside in or make a purchase within the United Kingdom, the following statutory consumer rights apply and supersede any conflicting global provisions:

1. Governing Law and Forum

These Terms and your relationship with Kotn UK Apparel Limited shall be governed by the laws of England and Wales. If you live in Scotland or Northern Ireland, you may additionally bring legal proceedings in your local regional courts.

2. Statutory Cancellation Rights (Consumer Contracts Regulations)

  • The 14-Day Cooling-Off Period: For items purchased online or via mobile app, UK consumers have a statutory right to cancel their order and request a full refund for any reason within 14 days from the day on which you (or a third party indicated by you) receive physical possession of the goods, as detailed in our centralized Refund Policy.
  • Effects of Cancellation: We will reimburse all payments received from you, including the costs of standard delivery, within 14 days of receiving the returned goods back or receiving proof of return in accordance with our policy rules.

3. Statutory Warranties (Consumer Rights Act 2015)

Nothing in these Terms excludes or limits your statutory rights under the UK Consumer Rights Act 2015. Goods supplied must match their description, be of satisfactory quality, and be fit for their intended purpose. If an item is faulty, you are entitled to a full remedy under your legal rights, managed via our customer service portal.

4. Limitations of Liability

Nothing in these Terms shall limit or exclude KOTN’s liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be lawfully limited or excluded under English law.

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