Terms & Conditions

Terms and Conditions

Thanks for visiting vivakoko.com. By using this website, you agree to the below Terms and Conditions, and our Privacy Policy. Please read our Privacy Policy to find out how we collect, process and use your information.

These Terms and Conditions were last updated on 25th November 2016.

The website www.vivakoko.com (the “website”) is owned and operated by Viva Koko Limited, trading as “Viva Koko” (“Viva Koko” or “we”, “us” or “our”).

We will update our terms and conditions from time to time and the latest version will appear on our website with the date that it was last updated. By using the service after any changes have been posted, you agree to the new terms.

Using the website

  1. The website will be updated regularly to reflect content, details and other items.
  1. The legal and intellectual property rights are owned by us, or licensed to us. All content on the website as well as the website are protected by international copyright laws and database rights and regulations. You cannot use any of the content on the website for personal or other use. You cannot change or remove content or any material. You cannot use our logos, name or other intellectual property.
  1. From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
  2. If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
  3. Any access to the Viva Koko website may be occasionally interrupted and restricted in order to carry out repairs and/or updates, maintenance and/or introduction of new services/ options. We will be working as quickly as possible to restore normal operations

Your account

  1. To use our website you will need to set up an account with us. You need to be 18 or over to create an account [and must be resident in the United Kingdom]. By joining us you confirm that you are legally capable of entering into binding contracts.
  2. You will also become a member of the site, eligible to purchase chocolate box subscriptions and special offers, for yourself or to “gift” to other people.
  3. You are responsible for your own account, including making sure that your details are correct and kept up to date.
  4. When registering on the Website you must choose a username and password,. You are responsible for all actions taken under your chosen username and password and for ensuring that your password is secure. By creating an account with us, you agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose. If you think that your account is being used by anyone else, please Contact Us immediately. If we believe that your account has been compromised, we may suspend your account and we will contact you to try and resolve the problem.
  5. We may refuse any application to join our website or receive our services for any reason whatsoever.
  6. If you have any problems creating an account, logging into your account or updating your details, please have a look at our FAQs or Contact Us.
  7. We reserve the right to terminate your account or to suspend or terminate your access to the Website immediately and without notice if:

– You fail to make any payment to us when due

– You breach these Conditions (repeatedly or otherwise)

– You are impersonating any other person or entity

– When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

– We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.

Pricing

  1. The prices for the  subscription options or individual products are shown on the website. The prices shown will be the billed amount which is inclusive P&P for the United Kingdom territory. In case of any changes to the pricing, we will ensure to clearly notify the new amounts in advance.
  2. We will endeavour to price correctly all items and subscription boxes we offer. In case there has been a pricing mistake and the changed amount is lower than the original price, we are under no obligation to send the order even if the confirmation email has been sent. We will refund the amount charged in this case and will ensure to allow you to reorder. We will, however, do our best to avoid any pricing mistakes.
  3. We reserve the right to make changes to our prices, products, ingredients and terms & conditions without any notice being given.
  4. All products and services are subject to availability and may be withdrawn from sale at any time.

Placing an Order

  1. In order to purchase a monthly subscription you will need to login to your account.
  2. You will be asked to submit basic personal information and payment details in accordance with our accepted payment methods.
  3. You will be able to review and edit your order before confirming the purchase. By submitting the order you confirm that you have made any necessary edits and that the information supplied is correct.
  4. Once the order has been confirmed you will not be able to cancel and we will process the payment. No order is accepted from you until our website displays an order confirmation message. This message will also be communicated to you by email. Our acceptance of your order brings into existence a legally binding contract between us.

Monthly Subscription

  1. We will bill you the same time each month based on your original sign-up date.
  2. We will use all reasonable endeavours to ensure the box is shipped during the first or third week of each month (whichever is closest to your sign-up date).
  3. Discounted offers are only available to new users of our website, except where expressly stated. Previous users or trialists of the subscription service do not qualify for an additional special offer.
  4. Any discounts and credits we make are designed to be used independently and cannot be used in conjunction with any other offers.
  5. If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future subscription boxes in order to help prevent any interruption to the service.
  6. If your payment details change and we are not notified by your card provider then your subscription will be suspended until your payment details are updated. We will notify you by email if you need to update your payment details.

Delivery

  1. Boxes can only be delivered to addresses within the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses
  2. We currently use Royal Mail second class postage to deliver subscription boxes to you.
  3. In case of unusually high temperatures in the summer months, we reserve the right to postpone shipping by a few days in order to ensure the chocolate will not melt during transit.
  4. The delivery cost is included in the amounts stated on the website for each item and subscription box. We reserve the right to amend the delivery charge at any time under reasonable circumstances.
  5. If you live outside the UK and wish to subscribe or purchase individual chocolate bars, please contact us and we will endeavour to meet your requests. There is a delivery charge for shipping internationally.
  6. In case of any disruptions or problems incurred while fulfilling your order, we will endeavour to inform you as soon as possible via email.
  7. You will become the owner of the products you have ordered when they are delivered to you. Once products have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
  8. If you change address, you must update your address details on our website to ensure that the products are sent to the correct address. Please ensure that this is done at least 5 days before we ship an order.

Cancellation

  1. You may cancel your monthly subscription at least 1 week before the auto-renewal of your payment for the next box. The payment is taken each month on the date of your original sign-up.
  2. You cannot cancel your subscription until the first box has been dispatched and received.

Refunds

  1. If there is a problem with your order please email us on sarah@vivakoko.com. Please include a description of the problem and a photo. We retain the right to request a return of any faulty products by recorded delivery to:

OFFICE 7

35-37 LUDGATE HILL

LONDON

EC4M 7JN

UNITED KINGDOM

If the fault is agreed, a full refund will be given for the returned goods and postage paid within 7 days. We reserve the right to refuse a refund on any chocolate bar.

  1. The only reason that we will offer a refund is for a faulty product. As per the guidance from the Office of Fair Trading, we are not able to accept order cancellations, offer refunds or allow the return of our products for any other reason due to their perishable nature.

Nutrition

  1. On the sleeve of each bar we provide a list of that particular chocolate bar’s ingredients. We also say if a product contains any of the following ingredients/substances which may cause allergies or intolerances:
  • Cereals containing gluten and gluten products;
  • milk/lactose;
  • eggs;
  • peanuts;
  • nuts (i.e almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut);
  • celery;
  • mustard;
  • sesame seeds;
  • soya or soybeans;
  • fish.

Typically, Viva Koko chocolate bars will only contain one potential allergen – nuts. These will be highlighted in bold in the ingredients list. However, all of our products prepared in an environment which also handles all of the above allergens so we cannot guarantee that there are no traces of any of the above in our chocolate.

  1. We include nutritional information for each bar on the sleeve of the individual chocolate bar.

Limitations and Liability

  1. Nothing in these terms excludes or limits our liability for
  • fraud or fraudulent liability
  • death or personal injury by our negligence
  • any other liability that cannot be excluded by law
  1. None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
  2. If any part of these terms and conditions is deemed to be unenforceable the enforceability of any other part of these terms will not be affected
  3. If any part of these terms is proven unenforceable, this will not affect the enforceability of any other part of these terms.
  4. This contract is mutually binding between you and Viva Koko Limited. No other person or party has any rights to enforce any of its terms.
  5. You may not assign, sub-licence or otherwise transfer your rights or obligations under these terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these terms.
  6. We will not be liable to you for any lack of performance, or the unavailability of our website or our services, or for any failure by us to comply with these terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
  7. These terms, and any contract between us, are in the English language. The contract between us shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us. However, if you are resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident in Scotland, you may also bring proceedings in Scotland

Contact Us

If you have any questions about these terms and conditions or anything else on the website please contact us via sarah@vivakoko.com or

OFFICE 7

35-37 LUDGATE HILL

LONDON

EC4M 7JN

UNITED KINGDOM

Privacy Policy

This policy was updated on 28/11/16

The “website” www.vivakoko.com is owned and operated by Viva Koko Limited traiding as Viva Koko (“we”, “us” and “our”). For the purposes of the Data Protection Act 1998, we act as the Data Controller.

We are committed to protecting your information and will always act in  a way that protects your data. We appreciate that your privacy is very important to you and consequently we are committed to protecting your personal information when you use our website. This policy describes the information that we collect, why we collect it and how we use it. By using our website and each time you place an order with us, you are agreeing to this privacy and cookies policy and our Terms and Conditions.

We reserve the right to change our policy and the latest version will appear on our website with the date that it was last updated. By using the service after any changes have been posted, you are agreeing to the new policy.

What information do we collect?

The information we collect depends on the activity you carry out on the Viva Koko website. e.g. whether you create an account, login or browse without doing these things.

We may collect the following:

  • Information such as your name, email address, postal address (including post code), telephone number, and date of birth that you provide by completing forms on this website. This includes if you register as a user, subscribe to any service, upload or submit any material or request any information;
  • in connection with an account sign-in facility, your user-name, password and other log-in details;
  • details of any transactions made by you through the website;
  • credit or debit card details (such as card type, name on the card, long card number, card expiry date and CV2 number) that you provide to enable you to make purchases and that may be updated by you or via your card issuer from time to time;
  • details of changes to your account that you notify us of (such as address changes);
  • communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or its content;
  • information from surveys that we may, run on for research purposes, if you choose to respond to them;
  • details of your visits to the Site, the resources you access and any data you download.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

How is this information used?

We will use the information you provide to:

  • Enable us to process your orders and to provide you with the services and information offered through the Site and which you request;
  • Administer your account with us;
  • Where applicable, verify and carry out financial transactions in relation to payments you make online;
  • Provide you with order and billing information;
  • verify whether you have had a previous account with us to prevent fraudulent take-up of our offers;
  • identify visitors to the Site;
  • carry out research on our users’ demographics and tracking of sales data; and
    send you information we think you may find useful or which you have requested from us, about our products and services, provided you have indicated that you do not object to being contacted for these purposes.

You can tell us not to contact you or tell us you do not wish us to continue to send you information in this way by contacting us using the Contact Details at the end of this privacy and cookies policy.

Marketing Communications

When you register an account you will provide an email address that we will occasionally send promotional emails to. You may opt out of promotional emails from the settings link on your account. If you opt out you will still receive transactional emails related to your account, please allow up to 5 days for the system to update the new preferences for promotional emails.

We may also contact you occasionally by post regarding special offers. You may update your preferences for marketing communication in your account.

We may outsource some functions to external companies and individuals such as data analysis, marketing and PR, processing payments and storing payment details, who will have access to the information we collect. Third parties are not permitted to use this information for any other purpose.

Cookies

Our website uses cookies. A cookie is a small text file that can be stored on your computer, mobile or other device when you visit a website or open certain emails. It enables our own system to recognise you when you visit our website again and improve our services to you. For more detailed information please visit www.allaboutcookies.org.


Three types of cookies may be used during your visit to our website:
1. Viva Koko session cookies that are deleted after each visit;

  1. Viva Koko persistent cookies that are not deleted after each visit;
  2. Third party cookies that are used by our partners, for example, to help us measure the visitors (for more examples of this, please visit Google Analytics Privacy Policy).


As of May 2011, we are now required to ask your permission to use this technology where it is not strictly necessary to provide web services requested by you.

We use cookies for a number of reasons. They act as a convenient way to carry information from one session to another, they assist with the effective technical operation of our website and they enable us to collect information about customer shopping habits in order for us to improve our service.

Most web browsers automatically accept new cookies but, if you prefer, you can set your browser to disable cookies or to notify you when you receive a cookie. However, because cookies allow you to take advantage of some of our website’s essential features, such as adding items to your Shopping Basket or proceeding to Checkout, we recommend that you leave them turned on.
If you do leave cookies turned on, please take care to sign off when you are finished if using a shared computer.

How is personal information kept secure?

All information you provide to us is stored securely both by technology and physical safeguards. Although we cannot guarantee that loss, alteration, unauthorised access or improper use of information will never occur, we will use all reasonable efforts to prevent it.

Your Rights
You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information at no cost. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.

Contact Us
If you have questions or concerns regarding this privacy and cookies policy, please contact us either via email (sarah@vivakoko.com) or via post:

OFFICE 7

35-37 LUDGATE HILL

LONDON

EC4M 7JN

UNITED KINGDOM