Kofo Wholefoods Ltd – Site Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. IT REGULATES YOUR USE OF THIS SITE, AND ALL MATERIAL WITHIN IT.

OVERVIEW

This Site (the “Site”) is owned by Kofo Wholefoods Ltd doing business as Birkuta (hereinafter referred to as “Kofo”), a company organized under the laws of England and Wales. Throughout the Site, the terms “we”, “us” and “our” refer to Kofo Wholefoods Ltd.  Kofo Wholefoods Ltd is registered in England and Wales under company number 11660352, and has its registered office at Office 159, 548-550 Elder House, Elder Gate, Milton Keynes, United Kingdom, MK9 1LR. Our VAT number is 353 0342 34. Kofo offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  

By visiting our Site and/or purchasing something from us through this Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (e.g., for GoDaddy.com and Woocommerce.com). These Terms of Service apply to all users of the Site (“You” or “you”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using this Site. By accessing or using any part of the Site, You agree, just as if You had done so in writing, to be bound by these Terms of Service, which shall take effect immediately and our Privacy Policy. If You do not agree to all the terms and conditions of this agreement, then You may not access the Site or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes to ensure you understand the terms that apply at that time. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. We recommend that you print a copy of these terms for future reference.  

Our Site is hosted on GoDaddy.com (“GoDaddy”) using certain Woocommerce extensions. Woocommerce provides us with the online e-commerce platform that allows us to provide our products and the Service to you.

Please see the “Contact Us” section of the Site if You would like to get in touch with us.  

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service,

1. You represent that You can form legally binding contracts under applicable law. By using this Site or the services made available hereunder, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the England and Wales or other applicable jurisdiction.
2. The names, images and logos identifying Kofo Wholefoods Ltd and its affiliated brands or third parties and their products and services are subject to copyright, design rights and trademarks of Kofo Wholefoods Ltd or such third parties.
3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. You must not transmit any worms or viruses or any code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;.
5. You must not use the Site or engage in our Services (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements; or (c) for any other fraudulent or unlawful purpose.
6. You must not interfere with or disrupt the operation of the Site or our Service or the servers or networks used to make the Site and our Service available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with our Service or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
7. You must not restrict or inhibit any other person from using the Site or our Service (including by hacking or defacing the Site).
8. You must not license, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or our Service or any access to or use of the Site or Service.
9. You must not modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Service.
10. You must not frame or mirror any part of the Site or Service without our express prior written consent.
11. You must not systematically download or store content from the Site or Service.
12. You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with our Service or reproduce or circumvent the navigational structure or presentation of the Site or Service without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.  We reserve the right to revoke these exceptions either generally or in specific cases.

A breach or violation of any of the Terms will result in an immediate termination of your Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) 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 the Service, use of the Service, or access to the Service or any contact on the Site 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 this Site is not accurate, complete or current. The material on this Site 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. While such content may concern accounting issues, legal issues or other issues related to professional services, such content is not legal advice, accounting advice or other professional services advice.  Any reliance on the material on this Site is at your own risk. You should not act or refrain from acting on the basis of any content included on the Site or in connection with our Service without seeking the advice of a competent professional in the applicable subject matter.  We expressly disclaim all liability in respect of actions taken or not taken based on any content of this Site or in connection with our Service.  You acknowledge and agree that the content is not provided for the purpose of rendering accounting, legal or other professional services.

This Site 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 this Site 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 Site.

All prices on this Site are in the applicable currency specified, and are exclusive of shipping charges and inclusive of taxes unless other expressly specified. Prices at the time of your purchase apply and we take all reasonable care to ensure that the price of the produce advised to you is correct, except, however, we are under no obligation to provide the product to You at the incorrect (lower) price, even after we have sent You an Order Confirmation (as defined under Section 6 below), if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing. See Section 13 below for further information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products, wherever published or otherwise made available, are subject to change. We will try to give you reasonable notice of any major changes.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) from time to time. We will try to give you reasonable notice of any major changes, including suspension or withdrawal of the Service.

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

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our current Delivery Policy and Return Policy [hyperlink].

We have made every reasonable effort to display as accurately as possible the descriptions, colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor (or that of your phone or tablet) will display of any colors accurately.  In addition, product images shown on the Site are for reference purposes only and may not reflect the true size or shape of the product.

We reserve the right, but are not obligated, to limit the sales of our products or Service 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 or make minor changes to any products or Service that we offer. 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 by applicable law.

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 Section 17 – Termination).

SECTION 6 – CONTRACT BETWEEN YOU AND US

Your order constitutes an offer to us to engage in our Service. All orders are subject to acceptance by us, and we will confirm such acceptance to You by sending You an e-mail that confirms that the order has been accepted (“Order Confirmation”). The contract between us (“Contract”) will only be formed when we send You the Order Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the order of such products has been confirmed in a separate Order Confirmation.

We are doing our best to assure that all listed products on this Site are in stock. If we are unable to deliver your chosen product, we will inform you as soon as reasonably possible. Therefore, please note that our confirmation e-mail is not a guarantee of prompt delivery.

As the Contract will be governed by the laws of England and Wales, the courts in England and Wales will have the exclusive jurisdiction to resolve any arisen disputes between You and us. See Section 22 – Governing Law below for further information.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order You place with us via Woocommerce. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Payment must be made with one of the valid credit or debit cards specified on Woocommerce. You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and credit card details, including expiration dates, so that we can complete your transactions and contact You as needed. In the course of the payment process the validity of your card and your personal information may be checked to ensure your ability to pay and your identity. This is done for your personal security as well.

SECTION 8 – IMPORT DUTY

If You order products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

In the event that import duties and taxes remain unpaid by you, we are under no obligation to compensate for any losses as a result of destruction or abandonment of your order.

Please also note that You must comply with all applicable laws and regulations of the jurisdiction for which the products are destined. We will not be liable for any breach by You of any such laws.

SECTION 9 – 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 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 Site is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

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

SECTION 10 – THIRD-PARTY LINKS

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

Third-party links on this Site may direct You to third-party Sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and You agree that in no event will we be liable to You in connection with any website, services, content, materials, or practices of any third party. You acknowledge and agree that any claim which You may have in respect of such third-party applications may only be asserted against the provider of such third-party applications, and not against us or any of our affiliates.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. 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 11 – 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 libelous 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 12 – USE OF YOUR PERSONAL INFORMATION

Your submission of personal information through this Site in connection with the Service is governed by our Privacy Policy. You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site 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 undertake no obligation to update, amend or clarify information in the 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 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances in any jurisdiction; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the 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 15 – DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

We do not guarantee, represent or warrant that your use of our 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 service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time. We will try to provide reasonable notice where this is the case.  

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.

We are not liable for business losses. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – 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 of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when You cease using our Site.

If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service 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 Service (or any part thereof).

SECTION 18 – EVENTS OUTSIDE OUR CONTROL

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, acts of God, acts or omissions of third parties including GoDaddy and/or Woocommerce, epidemics, pandemics, mechanical, electrical, electronic or communications failure or degradation.

SECTION 19 – ASSIGNMENT

These Terms are personal to You, and You may not assign, transfer or sublicense (except as expressly permitted hereunder) Your license and/or rights hereunder without our written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. We will contact you to let you know if we plan to do this and will ensure the transfer will not affect your rights under our Contract.

SECTION 20 – NO WAIVER

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we will provide You with written notice of such waiver through one of our authorized representatives.

SECTION 21 – ENTIRE AGREEMENT

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

These Terms of Service, along with the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between You and us and govern your use of the Service, superseding 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 the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide You Service or other services shall be governed by and construed in accordance with English law. Any dispute arising from, or related to, these Terms of Service and any separate agreements whereby we provide You Service or other services shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that if you are a consumer and: (i) a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or (ii) a resident of Scotland you may also bring proceedings in Scotland.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes to ensure you understand the terms that apply at that time. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.