Definitions

‘King & Cocoa’ King & Cocoa is a trading name of King Trading Company LTD. Any reference to King & Ivy is interchangeable with King Trading Company LTD. Company Number: 12950327.

‘Conditions’ means these terms and conditions

‘Site’ means the website of King & Cocoa. www.KingandCocoa.co.uk

Access

You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions

We are King & Cocoa and we own and operate this Site

Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.

We provide the Site on an ‘as is' basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we exclude:

All conditions, warranties and other terms that might otherwise be implied by law into these Conditions

Any and all liability to you, whether arising out of these Conditions or otherwise in connection with the use of the Site. Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular, none of the clauses is intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.

Our rights

We reserve the right to:

Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.

Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.

Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by the ‘Last updated’ statement above.

Protect our Intellectual Property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You acknowledge and agree that:

All Copy Right, Trademarks and all other Intellectual Property rights which form part of the website shall remain at all times our property.

All material contained on this website is only available for your personal use, excluding commercial use.

You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly pre-authorised and permitted by us.

If you in any way, whatsoever, breach clause 2.4 we reserve the right to claim damages against you, for your breach of our intellectual property rights and demand that you stop using the content taken from our Site immediately.

In the first instance of a breach being found, we will write to you asking you to cease and desist from using our intellectual property rights immediately, whilst also invoicing you £50 per image used plus legal fees of £75  plus VAT at the applicate rate.

Should you continue your unauthorised use of our intellectual property after receiving a written warning and invoice, we reserve the right to seek an injunction against you to prevent further infringement and claim further damages and legal costs on an indemnity basis. 

Use

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:

use the Site for any fraudulent or unlawful purpose;

use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation other's privacy rights or rights of publicity;

impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;

transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;

remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;

frame or mirror any part of the Site without our express prior written consent;

reproduce the presentation of the Site.

Third-party links

To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of third-party websites is at your own risk.

Privacy and Security

We will treat your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below.) We will keep it on a secure server and we will fully comply with all applicable UK data protection and consumer legislation from time to time in place.

When you shop on the Site we will ask you to input and will collect personal information from you, examples being name, address, email address, telephone number, credit card details and passwords.

We use your personal information for the following purposes:

Processing your orders;

For statistical or survey purposes to improve our services to you;

To serve website content and advertisements to you;

To administer the website;

To inform you of any new products.

You agree that you do not object to us contacting you for any of the above purposes and you do not consider it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations. If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every marketing email and you will be opted out of all email communications. For any more information, please contact contact@KTC-LTD.co.uk

We do not keep any credit card details on file ourselves. If you choose to save your payment details with us we use a trusted 3rd party who stores them on our behalf, and we are not able to access the full card details.

Cookies

Cookies are tiny text files that are stored on your computer when you visit a website. They help to make the Site run smoothly and allow us to provide the best service possible, here's a breakdown of the cookies that we use and how they benefit you:

Essential These cookies are essential for the use of the Site, they allow us to store the contents of your cart and process your orders among other things.

Functionality These provide you with a better service by remembering your cart, login details, viewed products and other things.

Third-party performance These provide you with tailored product recommendations and Site searches.

Third-party social networking We place social networking buttons on some of our pages to make it easier for you to share them with other people. They generally use cookies to function, but we don't have any control over the use of these cookies or the data they share and advise that you consult their privacy policies to find out what happens to any data that these services collect when you use them.

Opting out of cookies We give you the option to choose exactly which type of cookies we will set when you use the Amara site. We'll save the results in a cookie for two years and will honour your choice for future page views from your current browser.

How to order our products

Having placed an order online you will receive a total of two emails providing you have an email address:

The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified. A confirmation email does not guarantee that we can meet your order.

The second email is a confirmation of the dispatch of your order.

Price

Prices are as displayed on our UK Site and are in British Pound Sterling.

We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and should you wish to cancel your order, we will refund any money.

Prices displayed are inclusive of VAT but exclude delivery charges where applicable. Please see the Delivery section below for details of our charges.

Payment

Payment when ordering online can be by credit and debit card, Apple Pay and Paypal, payment is debited when the stock has been confirmed as ready for dispatch. Please note that we do not accept cheques or bankers' drafts as a payment method. 

To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimise the risk of your details being read by an unauthorised individual as they are sent to us over the Internet

Contract

No contract will exist between King & Cocoa and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.

A legally binding contract is created when the goods are dispatched.

Ownership will pass when the goods are dispatched

Right to cancel your contract

You may cancel your contract with us for the goods you order at any time up to the end of the 14 days from the date you receive the ordered goods.

You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.

You cannot cancel your goods if they are perishable or personalised.

To cancel your contracts please email us at contact@KTC-LTD.co.uk

Orders are made and dispatched promptly, therefore we are unable to cancel or amend your order once you have received your order confirmation. If you still wish to cancel your order, please return your order once received, in accordance to our returns policy.

Upon receipt of the goods, we will credit the purchaser within 48 hours with the purchase price less any handling charge which may have been incurred. We will not be responsible for any refund of postage or carriage. 

Please note we do not have an exchange policy.

Under Consumer Contracts Regulations 2015, if you buy online or by phone, your consumer rights entitle you to a full refund if this is requested in writing within 14 days of receipt of your goods. This includes any standard delivery charge charged on your order but excludes any charges incurred in returning the order to us. If a return is not requested within 14 days, we will refund the purchase price but not any delivery costs incurred by us in sending the order to you or incurred by you in returning the goods to us. 

We recommend that an insured service is used to ensure the safe arrival of the return. Where the product has been damaged either while in the customer’s care, or on the return journey to King & Cocoa, we reserve the right to deduct the amount it costs to rectify the damage from the return amount.

30-day money-back guarantee

In addition to clause 12 we also offer a 30-day money-back guarantee for non-perishable and non-personalised goods. If the goods you receive are faulty as at the day of delivery, you have 30 days from the date of delivery to make use of this money-back guarantee.

If you have purchased an item within the last 30 days and are not happy with it, please refer to the instructions provided in the order you received, alternatively email contact@KTC-LTD.co.uk for assistance. You will need to return the item, unused, in its original packaging and in a resalable condition, enclosing your order confirmation. 

Once the item has been received and checked, if it is established by King & Cocoa that the item was not faulty or damaged at the date of delivery, you will be notified of this determination within 48 hours of receipt. In such circumstances, you will not be entitled to a refund under the 30-day money-back guarantee. You will be entitled to request that the item is returned to you and you will be responsible for the cost of postage

Please note we will not be responsible for items lost or damaged in transit during return.

Save as required by law, this 30-day money-back guarantee does not apply to perishable products or personalised products.

Refunds are processed by the original payment method. If the card used to make the original payment has expired, we will offer PayPal or bank transfer as an alternative.

If the goods supplied are faulty on the day of delivery, you have the right to reject the goods as outlined within this section. If you have been unable to notify us or to return the goods within 30 days you have six months from the date of delivery to request the right to the repair or replacement of the goods, or the right to a reduction of the price of the goods within a reasonable time. King & Ivy reserves the right to refuse to repair the goods where it is disproportionate and or not possible to do so. Save as precluded by law, we do not accept any liability for faulty goods about which we have not been notified within six months of the date of delivery.

Please note that any returned items that are received outside of the 30-day return period will not be accepted for a refund and will be returned to the original delivery address. Please note that re-dispatch charges will apply and must be paid in full prior to the parcel being released for return.

Cancellation by us

We reserve the right to cancel the contract between us if:

We have insufficient stock to deliver the goods you have ordered.

We do not deliver in your area.

One or more of the goods you ordered was listed at the incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.

Delivery

Please see our delivery page for the latest charges

Our aim is to deliver all orders within the specified times once receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided. If the product is paid for by PayPal it will be delivered to the address which is registered with PayPal. The site is unable to change the address due to PayPal’s security policy.

Whist we will make every effort to deliver within the time stated on our website, we will not be liable for any loss caused to you by late delivery or for late deliveries as a result of Carrier actions which are beyond our control save as precluded by law. We will endeavour to deliver within 30 days of the contract being entered into. Please contact us at contact@KTC-LTD.co.uk as soon as possible if you do not receive your goods within a reasonable time. We will endeavour to get your goods to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in good order or classified as lost by the Carrier Company.

We will attempt to deliver your order to the delivery address stated on your order form. King & Cocoa will not be liable for any missing parcels should the delivery address have been entered incorrectly. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge.

If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at contact@kingandivy.co.uk. We require you to notify us within seven (7) days to ensure a prompt response from us. Please do not sign for any packages that are damaged or opened. We cannot accept any liability for goods which are damaged or sent in error unless you notify us pursuant to these terms and conditions.

UK and international delivery charges

Please see our delivery page for the latest charges.

Some of our deliveries are sent out using a signed for courier service. For security purposes, we do not deliver to P.O. Box numbers.

Vouchers and Promotional Discounts

Gift Cards & Vouchers cannot be exchanged for cash.

Gift Cards & Vouchers can be used against full-price and sale items.

Gift Cards & Vouchers are non-refundable and may not be exchanged for cash.

Gift Cards & Vouchers cannot be replaced if lost or stolen.

If a customer makes a return for a product they have purchased with a Gift Card or Voucher a new Gift Card or Voucher will be issued and credited for that amount.

Promotional discount codes may not be used in conjunction with other offers and sale items.

From time to time we offer promotional discounts. An example is £20 off of the first £100 you spend on the Site. If your order consists of a number of products which amount to £100 and you return one product you will get the full price back minus the amount of discount which has been equally allocated to that particular product. Such offers are only applicable on full-price purchases, cannot be used in conjunction with any other offer, and Sale items are not included.

Promotional discounts are restricted to one use per customer unless otherwise stated.

Memberships

Memberships are paid for monthly by direct debit.

All memberships are sold as 12-month packages. This package is paid for in 12 equal monthly payments at the amount stated on the membership page. Packages cannot be cancelled before the end of the 12-month period.

All memberships auto renew unless cancelled. Cancellation of the auto renew can be done on our website or by emailing contact@kingandcocoa.co.uk.

All requests to cancel a membership auto renewal must be made at least 5 working days before the plan is due to renew.

A membership renewal date is stated in the Members section in your account.

Access to membership discounts is found under the Members section in your account.

King & Cocoa reserve the right to alter or withdraw any promotions or discounts available to any membership. King & Ivy may offer free gifts to members at times throughout the year. Any gifts made to members by King & Ivy throughout the year will be made at the sole digression of King & Ivy and cannot be relied upon as any guarantee of future gifts also being made

Liability

If the goods you receive are incorrect, damaged, or defective, or you’ve received an incorrect quantity, please contact us within seven (7) days of delivery at contact@kingandcocoa.co.uk.

If you notify a problem to us under clause 19.1 above, our only obligation will be, at your option:

To make good any shortage or non-delivery

To replace or repair any goods that are damaged or defective where it is proportionate and possible to do so; or

To provide a refund to you of the amount paid by you. All rights are reserved as to the manner or form of refund

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage, or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify us of under this condition. Save as precluded by law we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law nor other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.

Electrical products

King & Cocoa does not provide extended warranties for electrical items; the customer is to rely on the supplier warranty.

Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lockouts and other industrial action, breakdown of the system or network access, flood, fire, explosion, or accident.

Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Entire Agreement

These Conditions, together with our current website process, additional terms and conditions for specific products, delivery details, contact details, and privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representative of the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Complaints/ Feedback/ Recommendations   

Please feel free to give us any feedback, recommendations or comments about our services and website. We take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner. Please email us at contact@kingandcocoa.co.uk. We try to respond to any email enquiries within two working days.

​

END.