Terms and Conditions applicable to a buyer of products using WE KOKO.

These terms and conditions are the contract between you and WE KOKO.   By visiting or using our website, you agree to be bound by them.  Our suppliers may also impose additional terms and conditions to which your contract with them will be subject. 

Please note, terms and conditions between the Sellers and WE KOKO are available on request by emailing [email protected]

WE KOKO is a trade name of WE KOKO LTD

You must be a minimum of 18 years of age to enter into a binding contract.  Otherwise, please ask someone over 18 to buy a product on your behalf. 

If you use our website, you do so in accordance with these terms.  If you are unable to accept these terms, your only alternative is to leave our website and stop using the services.

2.1   WE KOKO is neither a Buyer nor Seller of Products offered for sale in any form. 

2.2   WE KOKO is an on-line marketplace and are agents of a seller only to the extent of use of our website as a platform for the Sellers Products and for                              collection and forwarding of your money.   

2.3   WE KOKO is not responsible to you other than to receive your money and passing it onto the seller.

2.4   WE KOKO welcome any comments or complaints about a Seller which you make through our website.  You may act upon a complaint at our discretion for the              benefit of the body of WE KOKO members.

2.5   WE KOKO is not responsible for the delivery of any product you order or for the returns and repayment procedure should you decide to return a product for any            reason, although we will facilitate in any returns process.

2.6   These terms and conditions regulate the business relationship between you and us.  By using Our website free of charge, you agree to be bound by them.

2.7   We provide a market place for the supply of products.  We are in no way responsible for:

2.7(1)  Locating and ordering a product.

2.7(2)  Your choice of product.

2.7(3)  Any aspect of the provision of the product.

2.7(4)  Refund of payment for any product, although if we make the transaction, the Seller must inform us of the return/refund.

2.7(5)  Complaint about any product.

2.8   In any dispute with a Seller, you should deal only with the Seller, although we are happy to facilitate with communication.

2.9   At our descretion, we may change this agreement.  The version applicable to your contract is the version which was posted on Our website at the time that the              contract was made.

3. Your account and personal information

3.1   When you visit Our website, you accept responsibility for any action done by any person in your name or under your account or password.  You should take all            necessary steps to ensure that your password is kept confidential and secure.  You should inform us immediately if you have any reason to believe that your                password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.

3.2   You agree that you have provided accurate, up to date and complete information about yourself.  We are not responsible for any error made as a result of such            information being inaccurate.

3.3   You agree to notify us of any changes in your information immediately it occurs.  If you do not do so, we may terminate your account.

4. The buying procedure

4.1   WE KOKO is not responsible for the fulfilment of your contract to buy a Product.

4.2   Prices listed on Our website by Sellers are inclusive of any applicable sales tax.

4.3   Unless it is clear to the contrary, you may assume that every sale is made by the Seller in the course of their business.

4.4   Products may be offered for sale subject to any discount or promotion arranged between WE KOKO and the Seller.

4.5   Subject to discounts and promotions, some Products are offered for sale at a fixed price.

4.6   All Products will be subject to a delivery charge which will be shown at the pay point.  The delivery charge will be fixed by the Seller for each Product offered for sale but it may be changed at the discretion of the Seller.  Once you have bought an item, the delivery charge offered to you cannot be increased.  WE KOKO may offer to pay for postage once you have spent a certain amount.

4.7   Neither WE KOKO nor the Seller can be responsible for actions by any governmental authority as we are not responsible for duties, taxes, delays or                                impounding of any item.

4.8   You are required to pay in the currency in which the Product is listed for sale.

4.9   Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right not set down in these terms and conditions.

4.10 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.

4.11 To make future use of Our website easier and faster for you, we will retain the personal and delivery information you give to us.  We will not retain information              relating to your payment or credit card as this financial information never comes into our control.  The information is given into a page of our payment service                provider.   For details about disclosure of personal information please see our privacy notice.

5. Security of your Credit Card

We take care to make Our website safe for you to use.

5.1   Card payments are not processed through pages controlled by us.  We use one or more online payment service providers who will encrypt your card or bank              account details in a secure environment.

5.2   If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems.  Your details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.            

6. The guarantee

6.1   To give you the utmost confidence in the WE KOKO buying experience we make the following guarantee:

6.2    If the Seller fails to supply a Product to you for which you have paid, or supplied a Product which is substantially different from what you ordered, we will refund           the cost to you.

6.3   This guarantee is subject to the following conditions:

6.3(1)  You must first follow the returns and refunds procedure set out on Our website.

6.3(2)  The maximum payment is £150, we will make the payment to you between 30 and 60 days from the date we receive your claim form, as provided on Our                      website.

6.3(3)  The claim form must be completed truthfully and accurately.

6.3(4)  You must provide a full street address.  

6.3(5)  You are limited to a lifetime maximum of five claims and a maximum of one item in two years.

6.3(6)  You must not have requested a charge back from your credit card company.

6.4   The guarantee set out in this paragraph is non-contractual.  We shall operate it at our entire discretion.

7. Products returned

These provisions apply in the event that you return any Product to the Seller for any reason except as a result of your cancellation under the Regulations.

7.1   The Seller does not accept returns unless there was a defect in the Product at the time of purchase, or that the Seller has agreed in correspondence that you                may return it.

7.2   The Products must be returned to the Seller as soon as any defect is discovered but not later than 14 days.

7.3   So far as possible, a Product should be returned:

7.3(1)  With both Product and all packaging as far as possible in their original condition.

7.3(2)  Securely wrapped.

7.3(3)  Including the Seller’s delivery slip.

7.3(4)  At your risk and cost.

7.4   We advise you to follow the returns procedure set out on your Seller’s website or otherwise in the terms and conditions.   If you do not do so, the Seller may be            unable to identify you as the sender of the Products.

7.5   If the Seller agrees that the item is faulty, the Seller will:

7.5(1)  Refund the cost of return carriage.

7.5(2)  Repair or replace the item as he chooses.

8. How we handle your Content

8.1   Our privacy policy is strong and precise and it complies fully with current law.

8.2   If you Post Content to any public area of Our website it becomes available in the public domain.  We have no control who sees it or what anyone does with it.

8.3   Even if access to your text is behind a user registration it remains effective in the public domain because someone has only to register and log in to access it.              You should therefore avoid Posting unnecessary confidential information.

8.4   We need the freedom to be able to publicise our Services and your own use of them.  Therefore, you now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our website, in public domains and in any other medium. You represent and warrant that you are authorised to grant all such rights.

8.5   We will use that licence only for commercial purposes of the business of Our website and will stop using it after a commercially reasonable period of time.

8.6   You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act                        1985.

8.7   You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our website, even though it may be defamatory or                  critical.

8.8   Posting content of any sort does not change your ownership of the copyright in it.  We have no claim over it and will not protect your rights for you.

8.9   You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

8.10 You accept all risks and responsibility for determining whether any Content is in the public domain and not confidential.

8.11 Please notify us of any security breach or unauthorised use of your account.

8.12 Do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in            the terms set out at sub paragraph [five] above.

9. Restrictions on what you may Post to Our website

We invite you to Post Content to Our website in several ways and for different purposes.  We have to regulate Your use of Our website to protect our business and our staff, to protect other users of Our website and to comply with the law.  These provisions apply to all users of Our website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously.  If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our website to Post Content or undertake any activity which is or may:

9.1   Be unlawful, or tend to incite another person to commit a crime.

9.2   Consist in commercial audio, video or music files.

9.3   Be obscene, offensive, threatening, violent, malicious or defamatory.

9.4   Be sexually explicit or pornographic.

9.5   Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person.

9.6   Use a Post to solicit responses unconnected with the purpose of Our website or the terms proposed by this agreement.

9.7   Request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about                yourself.

9.8   Be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person.  Examples are:- sending private              messages with a commercial purpose, or collecting information with the intention of passing it to a third party for their commercial use.

9.9   Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such places as designated.

9.10 Facilitate the provision of unauthorised copies of another person's copyright work.

9.11 Link to any of the material specified in this paragraph;

9.12 Use distribution lists that include people who have not given specific permission to be included in such distribution process.

9.13 Send age-inappropriate communications or Content to anyone under the age of 18.

10. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain the following:

10.1   Hyperlinks, other than those specifically authorised by us.

10.2   Keywords or words repeated, which are irrelevant to the Content Posted.

10.3   The name, logo or trademark of any organisation other than yours.

10.4   Inaccurate, false or misleading information.

11. Removal of offensive Content

11.1   For the avoidance of doubt, this paragraph is addressed to any person who comes on Our website for any purpose.

11.2   We are under no obligation to monitor or record the activity of any user of Our website for any purpose, nor do we assume any responsibility to monitor or                      police Internet-related activities.  However, we may do so without notice to you and without giving you a reason.

11.3   If you are offended by any Content, the following procedure applies:

11.3(1)  Your claim or complaint must be submitted to us in the form available on Our website, or contain the same information as that requested in our form.  It must be sent to us by post or email.

11.3(2)  We shall remove the offending Content as soon as we are reasonably able.

11.3(3)  After receiving notice of a claim or complaint, we shall investigate so far as we decide.

11.3(4)  We may or may not re-instate the Content about which you have complained.  

11.4   In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to            publish the complaint and all ensuing correspondence and communication without limit.

11.5   You now agree that if any complaint is made by you frivolously or vexatiously, you will repay us the cost of our investigation including any legal fees. 

12. Security of Our website

If you violate Our website we shall take legal action against you.

You now agree that you will not and will not allow any other person to:

12.1   Modify, copy, or cause damage or unintended effect to any portion of Our website or any software used within it.

12.2   Link to Our website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed                the site by typing the URL into a standard browser.

12.3   Download any part of Our website without our express written consent.

12.4   Collect or use any product listings, descriptions, or prices.

12.5   Collect or use any information obtained from or about Our website or the Content except as intended by this agreement.

12.6   Aggregate, copy or duplicate in any manner any of the Content or information available from Our website, other than as permitted by this agreement or as is                reasonably necessary for your use of the Services.

12.7   Share with a third party any login credentials to Our website.

13. Copyright and other intellectual property rights

13.1   All Content on Our website, for example, page text, graphics, logos, images, audio clips, digital downloads, data compilations and software, is the property of              either us or our affiliates or suppliers of Products for sale.  It is all protected by international copyright laws.

13.2   You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent.  For the sake of                       good order, you should note that copyright exists in compilations and graphic images, shapes and styles and in text.

14. Interruption to the WE KOKO Service

14.1   We give no warranty that the WE KOKO Service will be satisfactory to you.

14.2   We will do all that we can to maintain access to Our website but it may be necessary for us to suspend all or part of the WE KOKO Service for repairs,                              maintenance or other reason.   We may do so without informing you first.

14.3   You acknowledge that our Service may also be interrupted for reasons beyond our control.

14.4   You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

15. Our disclaimers

15.1   Our website contains links to other Internet websites.  We have no control over any such websites.  You acknowledge and agree that we shall not be liable in              any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

15.2   We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss            of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our website.

15.3   The WE KOKO website and WE KOKO Services are provided “as is” we make no representation or warranty of any kind, express or implied, including, without             limitation, any warranty that either of them will be:

15.3(1)  Of satisfactory quality.

15.3(2)  Fit for a particular purpose.

15.3(3)  Available or accessible, without interruption, or without error.

15.4   So far as we are concerned, a Product you buy through Our website, we are not liable for:

15.4(1)  Any product or service complying with the requirement of any law or being available.

15.4(2)  The Seller performing their contract.

15.5   The Seller can take any action that may reasonably be required from time to time, to protect his interests and ours in connection with a breach or possible                     breach of the Regulations.

15.6   You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.

16. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

16.1   Any act, neglect or default of yours in connection with this agreement or your use of the Services.

16.2   Your breach of this agreement.

16.3   Your failure to comply with any law.

16.4   A contractual claim arising from your use of the Services and purchase of a Product.

17. Miscellaneous matters

17.1   If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unforseeable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17.2   For the purposes of the privacy laws you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement by us [and/or any agent or third party nominated by us] and bound by a duty of confidentiality.  Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the world.

17.3   If you are in breach of any terms of this agreement, we may:

17.3(1)  Publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers and you now irrevocably give your consent to such publication.

17.3(2)  Terminate your account and refuse access to Our website.

17.3(3)  Remove or edit Content, or cancel any order at our discretion.

17.3(4)  Issue a claim in any court.

17.4   Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

17.5   No failure or delay by any party to exercise any right, or it will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

17.6   When you visit Our website or send messages to us by email, you are communicating with us electronically, by e-mail or by posting notices on Our website.  You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.

17.7   Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

If delivered by hand: on the day of delivery;

If sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent an e-mail: within 24 hours of no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]

17.8     In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before                            commencing arbitration or litigation.

17.9    This agreement does not give any right to any third party.

17.10  We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control,                            [including any labour dispute].

17.11  In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 

17.12  This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

17.13  The validity, construction and performance of this agreement shall be governed by the laws of the United Kingdom and the parties agree that any dispute arising from it shall be litigated only in the United Kingdom.