Terms and Conditions

Welcome to the KOKO Coffee & Design Web Site and Webshop (the ‘Site’), trading as KOKO (“we”, “us”, “our”). We provide this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the ‘Agreement’). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may ‘bookmark’ a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

1. DEFINITIONS

Seller: KOKO Coffee & Design

Principal place of business: Oudezijds Achterburgwal 145, 1012 DG, Amsterdam

Chamber of Commerce nr: 55177492

VAT nr: NL00851596484B01

Visiting address: Oudezijds Achterburgwal 145, 1012 DG, Amsterdam

Email address: info@ilovekoko.com

Buyer: Any person of at least 18 years of age, not acting as, or on behalf of, a business or occupation who enters into an agreement with the Seller.

Order: An order, placed by the Buyer, such as described under article 2.1, for the delivery of one or more Products.

Product: A KOKO product that is offered for sale on the Seller’s Website.

Price: Price as indicated on the website for each individual product, including VAT and excluding shipping costs.

Agreement: The order which has been accepted as such by the Seller.

Privacy policy: Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Intellectual Property, Software and Content: The intellectual property rights in all software and content made available to you on or through this Website remains the property of KOKO or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by KOKO and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by KOKO or its licensors. ilovekoko.com belong to KOKO. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorable similar without the written permission of KOKO.

Terms of Sale: By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are not limited to the Netherlands and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. KOKO retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Our Contract: When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Pricing and Availability : Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Payment: Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

Linking to this Website: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Use of Site: Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an KOKO or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. Indemnity You agree to indemnify, defend and hold harmless KOKO, its directors, employees consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the General Terms.

Invalidity: If any part of the General Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the General Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints: We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver:  If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction: These terms and conditions are to be construed in accordance with the laws of The Netherlands and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.