Terms & Conditions

1. Introduction

   Please read the below carefully before accessing or using our website.

   This website is operated by I am Kooky Ltd (“Kooky”). We are registered in the UK under company number 12327256, VAT number 358 7807 48 and we have our registered office at Heath Lodge, 4 St Albans Road, LONDON NW5 1RD. We can also be contacted by post at Office 39052, PO Box 6945, London, W1A 6US. Throughout the site, the terms “we”/ “us”/ “our” refer to Kooky.

   Kooky offers this website (www.iamkooky.com, “the Site”), including all information, tools and services available from this site to you (“the user”, “you”, “your”), conditioned upon your acceptance of all the following terms, conditions, policies and notices stated below, including those additional terms and conditions and policies referenced and/or hyperlinked to (“Terms”).

   By visiting the Site and/or purchasing something from us, you agree to be bound by the Terms. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all of the Terms then you must not use the Site or use any of our services. We recommend that you print a copy of these Terms for future reference.

   These Terms and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of your use of the Site and supersede any prior agreement or arrangement with you in respect of the Site. If a company name is inserted in a registration request made by you, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to "you" and "your" in this User Agreement shall be to that company.

   Any new features or tools which are added to the current store shall also be subject to the Terms. We reserve the right to update, change or replace any part of the User Agreement by posting updates and/or changes to the User Agreement on the Site. You can review the most current version of Terms at any time on this page. It is your responsibility to check this page regularly to determine whether the Terms have been changed.

2. Availability of the Site

   We do not guarantee that the Site, or any content on it, will always be available or will be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.

   The Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. We will endeavour to ensure that the Site is not misleading, but excluding the Webshop (as defined below) and except as required by law we make no representations, warranties or guarantees, whether express or implied, that the information accessible on or via the Site is accurate, complete or up to date.

3. Use of the Site

   The Site is designed for your personal, non-commercial use and you must not use it in any other way without our prior written consent. You may print off one copy, and may download extracts, of any pages(s) from the Site for your personal reference only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

   Except as permitted under applicable law, you must not use, copy, translate, publish, or seek to licence or sell the Site or any materials or information on the Site, including the overall style and program code of the Site without our prior written consent or as is otherwise permitted under these Terms. If you wish to make a request for consent, please contact info@iamkooky.com. If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

   We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

   If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

   We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the User Agreement.

4. Online Store

   The webshop store that is made available to users on the Site (“the Webshop”) is hosted on Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our products and services to you. This paragraph 4 sets out the terms and conditions on which we supply products to you.

   You may use the Webshop to order products. 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 are unable to accept your order, we will inform you of this 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 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.

   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 have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are natural, all sizes, weights, capacities, dimensions and measurements indicated on the Site have a 10% tolerance. The packaging of the product may also vary from that shown in images on the Site.

   We reserve the right, but are not obligated, to limit the sales of our products 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 products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

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

   If you wish to make a change to your order 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 or value of the order, 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.

   We may make changes to our products from time to time. We may change the product:

   (a) to reflect changes in relevant laws and regulatory requirements; and/or

   (b) to implement minor technical adjustments and improvements. These changes will not materially affect your use of the product, although in the case of a food product, the taste of it may change.

   The costs of delivery will be as displayed to you on the Site.

   If the products you have ordered are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

   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.

   If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. 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.

   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.

   You own a product which is goods once we have received payment in full.

   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. If we have to suspend the product for longer than 14 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

   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, when you decide to end the contract and whether you are a consumer or business customer:

5. if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back);
6. if you want to end the contract because of something we have done or have told you we are going to do, including:
   1. we have told you about an upcoming change to the product or these Terms which you do not agree to;
   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;
   3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
   4. 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 14 days; or
   5. you have a legal right to end the contract because of something we have done wrong.
7. if you are a consumer and you have just changed your mind about the product, provided it is unopened and still sealed, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (as set out below);

If you are a consumer, for most products bought online you have a legal right to change your mind within 14 days of receiving the goods and receive a refund under the Consumer Contracts Regulations 2013. If your goods are split into several deliveries, you have 14 days after the day you (or someone you nominate) receives the last delivery.

To end the contract with us, or if you are a consumer and you have changed your mind, please let us know by doing one of the following:

• Email us at info@iamkooky.com. Please provide your name, home address, details of the order and, where available, your phone number and email address; or
• By post. Print off the set out at the bottom of these Terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

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. You must either return the goods in person to where you bought them or post them back to us at I am Kooky Ltd, Office 39052, PO Box 6945, London, W1A 6US. Please email us at info@iamkooky.com for further guidance. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

We will pay the costs of return: (a) if the products are faulty or misdescribed; or (b) 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 you are a consumer exercising your right to change your mind) you must pay the costs of return.

If you are entitled to a refund under these Terms we will refund you the price you paid for the products including delivery costs (if any), by the method you used for payment. However, we may make deductions from the price, as described below.

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. Any refunds will only take place after the products have been returned to I am Kooky Ltd, Office 39052, PO Box 6945, London, W1A 6US and inspected. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

If you are a consumer 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.
• In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

Our contract to supply you with goods is completed when the product is delivered.

We may end the contract if you break it. We may also end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

You must compensate us if you break the contract. If we end the contract we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable sum to compensate us for the net costs we will incur as a result of your breaking the contract.

The price of the product (which includes UK 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. If the rate of UK 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.

It is always possible that, despite our best efforts, 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 at our cost.

You must pay for the products before we dispatch them. The payment methods that we accept are listed on the Webshop. We will charge your credit or debit card shortly before we dispatch the products to you.

1. Summary of your key legal rights when buying from our Webshop as a consumer

   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.

   For all goods sold online (including, for instance, dried fruit snacks), 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 (subject to the product not been compromised by you), your legal rights entitle you to the following:

   • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
   • Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. Note that this may or may not apply based upon the expiry dates of your products.
   • Up to one year: If your goods do not last a reasonable length of time you may be entitled to some money back. Note that this may or may not apply based upon the expiry dates of your products.

   If you wish to exercise your legal rights to reject products you must either return them (in their original state, box sealed) in person to where you bought them or post them back to us. We will pay the costs of postage or collection if you are exercising your rights under the Consumer Rights Act 2015. Please email us at info@iamkooky.com for a return label or to arrange collection.

2. Summary of your key legal rights when buying from our Webshop as a business

   If you are a business customer we warrant that on delivery, and for a period of 6 months from the date of delivery (warranty period), any products which are goods shall:

   (a) conform in all material respects with their description;

   (b) be free from material defects in design, material and workmanship; and

   (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

3. Your Contributions

   You agree to only use the Site for lawful purposes and that any information that you provide in connection with, or which forms part of, the Site will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. You warrant that any such contribution will comply with the standards set out in this paragraph, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You are solely responsible for securing and backing up your content. We do not store terrorist content.

   Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. When you upload or post content to the Site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media including to promote the Site or our products.

   We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. This right will be exercised in accordance with our Privacy Policy.

   We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in this paragraph.

4. Accuracy, Completeness and Timing of information

   This Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values and you should exercise caution before acting or otherwise relying upon any information you obtain via the Site.

   Occasionally there may be information on our site 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 Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

5. Third-Party Links

   The Site may include links to other internet sites. Notwithstanding anything we may say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

   You may link to the home page of the Site provided you do so in a way that is fair and legal and does not damage our reputation 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 to our Site on any website that is not owned by you. We reserve the right to withdraw linking permissions without notice.

6. 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 or royalty in respect of any such comments; or (3) to respond to any comments.

   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 Site 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.

7. Data Protection

   We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy.

8. Intellectual Property

   We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. The Site, its style and structure, and the materials and information on the Site are protected by copyright and other intellectual property rights around the world. All such rights are reserved and may not be used by you except as expressly provided in these Terms.

   Kooky is a trade mark (registered with UK IPO under UK00003446743 as well as with EU IPO under No 018255271) of I am Kooky Ltd and you are not permitted to use it without our prior written approval, unless it is part of the material you are using as permitted under section 3 of these Terms.

9. Our Liability

   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 that of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

   We are only 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, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.

   Since the Site is both free to access and available to all, it is a condition that your use of the Site is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our Site. We shall not be liable for any losses or damages incurred unless they are the proven result of negligence on our part. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any such reliance placed on such materials by any visitor to our Site.

   Except as expressly provided in this User Agreement or where it is not lawful to do so, we exclude all representations, warranties, conditions or other terms.

   Save as provided below and to the extent permitted by law, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the Site for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.

10. Model Cancellation Form

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

    To: I am Kooky Ltd, company number 12327256, Office 39052, PO Box 6945, London, W1A 6US

    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): …………………………………………………………

    Date …………………………………………………………

    [*] Delete as appropriate

11. Miscellaneous

    You may not transfer any of your rights or delegate any of your obligations under these Terms without our prior written consent. If we fail to enforce any provision of these Terms, that failure will not constitute a waiver or preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in these Terms shall confer on any third party any benefit or the right to enforce any term of these Terms. Nothing in these Terms affects your statutory rights as a consumer (if applicable).

    If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

12. Comments or complaints

    If you believe that your intellectual property or other rights are being infringed by the Site, or if you are dissatisfied with the Site or any aspect of our service, in the first instance please contact info@iamkooky.com