Terms of service

Cacao Co. Terms and Conditions OF SALE

These terms may have changed since you last reviewed them.

For a list of changes and when they were made, see Terms of Service at drink.cacaoco.co.uk.

Where to find information about us and our products:

You can find everything you need to know about us, Cacao Co. Ltd (company no. 17077671), and our products on our website or from our sales staff before you order. Where relevant, and depending on the sales method, we also confirm the key information to you in writing in various ways, such as:

• for sales made online via our website, this information is confirmed to you after you order, either by email or in your online account;

• for sales made off-premises, this information is confirmed to you before you order on paper.

THESE TERMS APPLY TO CONSUMERS WHO BUY OUR PRODUCTS FROM US ONLINE OR PHYSICALLY IN-STORE OR AT ONE OF OUR POP-UP STANDS

If you are a business customer then these terms will not apply to you in the same way as consumers. We don’t give business customers all the same rights as consumers. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

WHEN YOU BUY FROM US YOU ARE AGREEING THAT:

1. We only accept orders when we've checked them

2. Sometimes we reject orders

3. We charge you when you order

4. We charge interest on late payments

5. We pass on increases in VAT

6. We're not responsible for delays outside our control

7. Products can vary slightly from their pictures

8. We charge you if you don't give us information we need

9. If you bought online or off-premises, you have a legal right to change your mind

10. You can end an on-going contract (find out how)

11. You have rights if there is something wrong with your product

12. We can change products and these terms

13. We can suspend supply (and you have rights if we do)

14. We can withdraw products

15. We can end our contract with you

16. We don't compensate you for all losses caused by us or our products

17. We use your personal data as set out in our Privacy Notice

18. You have several options for resolving disputes with us

19. Other important terms apply to our contract

1. We only accept orders when we've checked them

For online orders, we contact you to confirm we've received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.

2. Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

3. We charge you when you order

However, for some products we take payment at regular intervals, as explained to you during the order process.  You will own your product once we have received payment in full.

4. We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

5. We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

6. We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as acts of God, flood, earthquake or other natural disaster, shortages of stock, epidemic or pandemic (list not intended to be exhaustive), we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: orders@cacaoco.co.uk to end the contract and receive a refund for any products you have paid for in advance, but not received.

7. Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Our products’ sizes, weights, capacities, and dimensions indicated on our website can be out by up to 5%.

8. We charge you if you don't give us information we need 

We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery. For example, we might need to re-deliver on another vehicle or with extra manpower.

9. If you bought online or off-premises, you have a legal right to change your mind

Your legal right to change your mind:
For most of our products bought online or off-premises (like at a pop-up stand), you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for:

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

• goods that are made to your specifications or are clearly personalised; and

• goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind:
If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know:
To let us know you want to change your mind, contact our Customer Service Team: orders@cacaoco.co.uk.

You have to return the product at your own cost: 
You have to return your product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product. 

You can send the product back to us, using an established delivery service:
You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, see our Returns Process at drink.cacao.co.uk or contact our Customer Service Team: orders@cacaoco.co.uk.

We only fund standard delivery costs: 
For example, we don't refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product:
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: orders@cacaoco.co.uk can advise you on whether we're likely to reduce your refund.

When and how we refund you:
If you tell us you've changed your mind about a product that hasn't been dispatched or one that we're collecting from you, we refund you as soon as possible and within 14 days. If you’re sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

10. You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for a subscription to goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team: orders@cacaoco.co.uk

11. You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team: orders@cacaoco.co.uk.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Remember too that You have several options for resolving disputes with us.

12. We can change products and these terms

Changes we can always make. We can always change a product:

• to reflect changes in relevant laws and regulatory requirements; and

• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. We can also make changes to the product or these terms, but if we do so we'll notify you and you can then contact our Customer Service Team: orders@cacaoco.co.uk to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but won't receive.

13. We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;

• update the product to reflect changes in relevant laws and regulatory requirements; or

• make changes to the product line.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 3 months in any 6-month period we adjust the price so you don't pay for it while it’s suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 1 month you can contact our Customer Service Team: orders@cacaoco.co.uk  to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

14. We can withdraw products

We can stop providing a product, such as a subscription for goods. We let you know at least 1 month in advance and we refund any sums you've paid in advance for products which won't be provided.

15. We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;

• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, a delivery address;

• you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. 

16. We don't compensate you for all losses caused by us or our products

Our liability to consumers. We're not responsible for losses you suffer caused by us breaking this contract if the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control.

• Avoidable. Something you could have avoided by taking reasonable action.

To the extent that you use a product for the purposes of your trade, business, craft or profession then, except for any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.

17. We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

18. You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team: orders@cacaoco.co.uk will do their best to resolve any problems you have with us or our products as per our Complaints policy at drink.cacaoco.co.uk.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

19. Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. We may not agree if we have financial concerns over the proposed party, the proposed party does not meet our brand and operational standards, or if the goods are personalised to you. We can require the new owner to prove you transferred the product to them, for example by receipt. 

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Contact us
Cacao Co. Ltd (company no. 17077671)
18 Bond Street, Brighton, BN1 1RD
connect@cacaoco.co.uk