Terms & Conditions

Who we are

Our website address is: https://koocodrinkls.uk (“our website” or “the website”).

TERMS AND CONDITIONS OF BUSINESS AND SERVICE

OVERVIEW

  • Throughout these Terms and Conditions of Business and Service the words “we”, “us” and “our” refer to Imperial Direct Limited, a company registered in England and Wales with its registered office at 291 Green Lanes, London N13 4XS (company registration no 11467012). The words “you” or “your” refer to any customer, users of our website including, without limitation, users who are browsers, vendors, customers or merchants.

 

  • By visiting our website and/ by or purchasing something from us, you engage in our “Service” and you agree to be bound by the following terms and conditions (“Terms and Conditions of Business and Service” otherwise called “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all and any person, firm, company or other legal entity who/that purchases any product or service from us and these Terms apply to all users of the site including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

  • Please read these Terms and Conditions of Business and Service carefully before accessing or using our website and/or before purchasing placing any order with us to purchase any goods, product or service from us. By accessing or using any part of our website you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Your continued accessing and/or use of our website and/or your purchase of any of our goods, products or services will be deemed to amount to your full acceptance, and that you fully understand, all of these Terms before any such usage and/or purchase. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

 

  • Any new features or tools which are added to our current store shall also be subject to these Terms. You can review the most current version of these Terms at any time by visting our website or by requesting us to forward to you by email our up to date Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes your acceptance of any such changes.

 

  • Our store is developed on WordPress and uses Woocomerce to provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

  • By agreeing to these Terms you represent that you are at least the age of majority in your state or province or Country of residence (for UK residents the age is 18), or that you are the age of majority in your state or province or Country of residence and that you have given us your consent to allow any of your minor dependents to use this site.

 

  • You must not use our goods, products or services for any illegal or unauthorised purpose nor must you, in the use of any goods, product or service we provide, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

  • You must not transmit to our website or any email address we use any worms or viruses or any code of a destructive nature.

 

  • A breach or violation of any of the Terms will result in an immediate termination of all and any Service we provide to you.

SECTION 2 – GENERAL CONDITIONS

  • We reserve the right to refuse to sell any goods, product or to supply any service to anyone for any reason at any time.

 

  • By agreeing to these Terms you confirm you understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

  • The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

  • We are not responsible if information made available on our website is not accurate, complete or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

  • Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

  • Prices for our goods, products or services are subject to change without notice.

 

  • We reserve the right at any time to modify or discontinue any goods, product and/or service (or any part or content thereof) without notice at any time.

 

  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

  • Certain products or services may be available exclusively online through the website. These goods, products are subject to return or exchange only according to our Return Policy

 

  • We have made every effort to display as accurately as possible the colours. Contents and images of our goods and products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate and so the actual product once received by you may differ slightly in colour or appearance from any image of the same product that appears on our website.

 

  • We reserve the right, but are not obligated, to limit the sales of our goods, products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any goods, products or services that we offer. All descriptions of goods, products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

  • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the Service will be corrected.

DELIVERY

  • We will aim to dispatch your order/s to you from our UK depot (via Royal Mail) within 1 working day of purchase from us. We aim to have your order delivered within 5 working days of you placing an order with us. If we become aware of any likely delayed delivery we will aim to contact you.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

  • We reserve the right to refuse to accept any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided to us at the time the order was made.

 

  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

 

  • For more detail, please see our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

  • We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

  • You acknowledge and agree that we provide access to such tools ”as is” and “as available” without us providing or in any way making any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

  • Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

 

  • We may also, in the future, offer new products and/or services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

  • Certain content, products and services available via our website/Service may include materials from third-parties.

 

  • Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and shall not have any liability or responsibility whatsoever for any third-party materials or websites, or for any other materials, products, or services of third-parties nor for any loss or damage arising from your use of or reliance on such Third Party Links.

 

  • We are and shall not be held liable for any harm, loss or damage(s) whether of a financial, physical or other nature [including any consequential loss or damage(s)] related to the purchase or use of goods, products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

  • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

 

  • We may, but have no obligation to, monitor, edit or remove content(s) that we determine in our sole discretion to be in any jurisdiction unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

  • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

  • Your submission of personal information, name, address is only listed in our data base, we do not store credit or debit card information.as all payment are made via PayPal, whether by credit or debit card.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

  • Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

  • We have obligation to update, amend or clarify information in the website, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

  • In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, Government, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website/Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the website/Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • We do not guarantee, represent or warrant that your use of our website/Service will be uninterrupted, timely, secure or error-free.

 

  • We do not warrant that the results that may be obtained from the use of the website/Service will be accurate or reliable.

 

  • You agree that from time to time we may remove the website/Service for indefinite periods of time or cancel the service at any time, without notice to you.

 

  • You expressly agree that your use of, or inability to use, the website/Service is at your sole risk. The website/Service and all products and services delivered to you through the website/Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.

 

  • In no case shall Imperial Direct Ltd, our director(s), officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website/Service and/or from your use of any product purchased from us whether purchased via our website or by any other form of direct lease or sale to you (such as for, example but without limitation, by being leased or sold to you from any shop, at any exhibition or from elsewhere), or for any other claim related in any way to your use of the website/Service or any product we have sold, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website/Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. For the avoidance of doubt and irrespective of whether any country or jurisdiction does or does not allow the exclusion or the limitation of liability for consequential or incidental damages, these Terms shall be governed by the laws of England and Wales and our liability shall be limited to the maximum extent permitted by the laws of England and Wales.

SECTION 14 – INDEMNIFICATION

  • You agree to indemnify, defend and hold harmless Imperial Direct Ltd and any parent, subsidiary, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all and any loss, damage, claim or demand, including legal fees and associated expenses on a full indemnity basis, 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.

SECTION 15 – SEVERABILITY

  • In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

  • These Terms shall continue to remain effective and enforceable by us irrespective of you ceasing to use our website/Services and/or any product supplied by us to you.

 

  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website/Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

  • The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

  • These Terms of Service and any policies or operating rules posted by us on our website or in respect to any Service or product we provide constitutes the entire agreement and understanding between you and us and govern your use of our website/Service and/or your use of any of our products and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

 

SECTION 18 – GOVERNING LAW

  • These Terms and any separate agreement(s) whereby we provide you with products and/or Services shall be governed by and construed in accordance with the laws of England and Wales.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

  • See paragraph (iv) above under the section headed “Overview”

 

SECTION 20 – CONTACT INFORMATION

  • Any questions about these Terms should be sent to us at info@imperial-direct.co.uk

Online consumer goods, services and digital content terms and conditions.

 

CONTENTS

____________________________________________________________

CLAUSE

  1. These terms…………………………………………………………………………………………………………….. 1
  2. Information about us and how to contact us………………………………………………………………… 1
  3. Our contract with you………………………………………………………………………………………………… 1
  4. Our products……………………………………………………………………………………………………………. 2
  5. Your rights to make changes……………………………………………………………………………………… 2
  6. Our rights to make changes………………………………………………………………………………………. 2
  7. Providing the products………………………………………………………………………………………………. 3
  8. Your rights to end the contract…………………………………………………………………………………… 5
  9. How to end the contract with us (including if you have changed your mind)…………………….. 8
  10. Our rights to end the contract…………………………………………………………………………………. 9
  11. If there is a problem with the product…………………………………………………………………….. 10
  12. Price and payment………………………………………………………………………………………………. 11
  13. Our responsibility for loss or damage suffered by you……………………………………………… 12
  14. How we may use your personal information…………………………………………………………… 13
  15. Other important terms………………………………………………………………………………………….. 13

 

SCHEDULE

Schedule 1       Model Cancellation Form………………………………………………………………………… 15

 

 

 

 

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are Imperial Direct Limited a company registered in England and Wales. Our company registration number is 11467012 and our registered office is at 291 Green Lanes, London N13 4XS]. Our registered VAT number is 325420729
    • How to contact us. You can contact us by writing to us at info@koocodrinks.uk or at Martine House 1 Bridge Close Romford RM7 0AU
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the 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 a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
  4. Our products
    • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
    • Product packaging may vary. The design on the packaging of the product may vary from that shown in images on our website.
  5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

  1. Our rights to make changes
    • Minor changes to the products. We may change the product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product
    • More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
    • Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  2. Providing the products
    • Delivery costs. The costs of delivery will be as displayed to you on our website.
    • When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.OR
      • If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 7 working days after the day on which we accept your order.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9.30am-4.30pm on weekdays and Saturdays 9.30am-4.30pm.
    • If you are not at home when the product is delivered. If no one is available at your address to take delivery, Royal Mail will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
    • If you do not re-arrange delivery. If you do not collect the products from us as arranged or if after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
    • Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if, and only if, any of the following in (a) to (c) apply and you comply with (d) below:-
      • we have unreasonably refused to deliver the goods;
      • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      • you told us in writing before we accepted your order that delivery within the delivery deadline was essential; and
      • you confirm to us in writing that the contract is at an end by writing to us either by email to our email address at info@koocodrinks.uk or by post to us at Martine House 1 Bridge Close Romford RM7 0AU, and in either case ensuring your written confirmation quotes your order reference number and that such written confirmation of cancellation reaches us within 3 working days failing which the contract will not be deemed as having been terminated

otherwise time will not be of the essence.

  • Setting a new deadline for delivery. If you are entitled to treat the contract as being at an end under clause 7.7 above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
  • Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery as above, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods . If the goods have been delivered to you, you must either return them in person to where you bought them in their original packaging un-opened, un-damaged and,or post them back to us in their original packaging un-opened, un-damaged,all courier expenses by returning will be payable by you and is not refundable.
  • When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
  • When you own goods. You own a product which is goods once we have received payment in full.
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, If so, this will have been stated in the description of the products on our website. We will contact you and if necessary in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clause 6); and/or
    • by reason of any prohibition(s) or restriction(s) imposed on us or our courier by central or local Government and/or as a result of any act or emergency beyond our control.
  • Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
  • We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 1 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
  1. Your rights to end the contract
    • 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:
      • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you return the product/products back to us within 7 days of receiving ,in its original packaging, un-opened and un-damaged but this may be subject to deductions [and you will have to pay the costs of return of any goods];
      • In all other cases A return for a replace/refund is only acceptable, if the container of the product is damaged and leaking. Other than that the product is sold within its shelf life and suitable for human consumption. if we are not at fault and there is no right to change your mind), see [clause 7 OR Error! Bookmark not defined.Error! Reference source not found.].
    • 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 (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 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;
      • there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 2):
    • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
      • Coconut Milk Drink, Coconut Milk Coffee drink, Walnut Drink, Cashew Nut Drink and Almond Drink, if they have been opened.
      • digital products after you have started to download or stream these;
      • products, once these have been completed, even if the cancellation period is still running;
      • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
      • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
      • any products which become mixed inseparably with other items after their delivery.
    • How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
      • Have you bought services? If so, you have 1 day after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
      • Have you bought digital content for download or streaming? if so, you have 7 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
      • Have you bought goods (for example, one or more of our our Kooco Drinks)?, if so you have 7 days after the day you (or someone you nominate) receives the goods, unless:
        • Your goods are split into several deliveries over different days. In this case you have until 7 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
        • Only damaged leaking goods are acceptable for returning.In their original packaging. If the product is We will ask for proof eg pictures before accepting.

 

  • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £20 compensation for the net costs we will incur as a result of your ending the contract.
  1. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. email us at info@koocodrinks.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • 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, in their original form, un-opened un-damaged packaging, You must either return the goods in person to where you bought them, post them back to us at Kooco Drinks Martine House 1 Bridge Close Romford RM7 0AU or email us at info@koocodrinks.uk. If you are exercising your right to change your mind you must send off the goods within 7 days of telling us you wish to end the contract.
    • When we will pay the costs of return. We will pay the costs of return:
      • if the products are faulty or misdescribed;
      • if the product is different from the order placed. Products for exchange shall be returned in its new unused, original condition, quantity and packaging as it first delivered.
      • 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 as a result of something we have done wrong;

In all other circumstances (including where, if permitted, you are exercising your right to change your mind) you must pay the costs of return.

  • What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. []We charge £15.00 for collection of all types KooCo drinks.
  • How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    • We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. We will refund you  after we are able to inspect the products-drinks, if we discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

 

  • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    • If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

 

  1. Our rights to end the contract
    • 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:
      • you do not make any payment to us when it is due and you still do not make payment within days of us reminding you that payment is due;
      • 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;
      • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
      • you do not, within a reasonable time, allow us access to your premises to supply the services; or
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £100 as compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided. ]
  2. If there is a problem with the product
    • How to tell us about problems. If you have any questions or complaints about the product just email us at info@Koocodrinks.uk.
    • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

See also clause 8.3.

a) If your product is digital content, for example [a mobile phone app or a subscription to a music streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

b) If your digital content is faulty, you’re entitled to a repair or a replacement.

c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 8.3.

If your product is services, for example [a support contract for a laptop or tickets to a concert], the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  • Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us.
  1. Price and payment
    • 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 all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
    • 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.
    • What happens if we got the price wrong. It is always possible that, despite us taking all reasonable care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. 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 mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    • When you must pay and how you must pay. We accept payment credit and debit cards(excluding American Exress) When you must pay depends on what product you are buying:
      • For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

 

  1. How we may use your personal information
    • How we may use your personal information. We will only use your personal information as set out in our PRIVACY POLICY.
  2. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 1 day of us telling you about it and we will refund you any payments you have made in advance for products not provided.
    • 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. We reserve the right not to agree. However, you may transfer our guarantee at clause 4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
    • 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 except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • 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.
    • 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • 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.

 

  • Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

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