1.1 These are the terms and conditions which govern your use of the Kol App Limited (“Company”) Site (“Site”) and our associated app (“App”) and your relationship with our Company.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to these terms and conditions please do not register on our Site or use our App. Please contact us with any questions.
Information about us and how to contact us
2.1 We are Kol App Limited a company registered in England and Wales. Our company registration number is 10537364 and our registered office is at 10 Margaret Street, London, W1W8RL. Our registered VAT number is 262 6636 91. Our trading address is 1 Frederick's Place EC2R 8AE.
2.2 Our License number is 2047 and our regulator is Lambeth Council.
2.3 You can contact us by telephoning our customer service team at 02079281107 or by writing to us at email@example.com.
2.4 If we have to contact you we will do so by telephone at the number provided by you or by writing to you at the email address or postal address you provided to us in your order.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Placing an order and Our contract with you
3.1 When you place an order with us you confirm you are making an offer to purchase from us by clicking on the “confirm order” button on our Site and App. Our acceptance of your order will take place when we email you to confirm your order has been accepted and payment will be taken. The Company may also decline your order, in such case you will be reimbursed the full amount of the transaction.
3.2 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.
3.3 We will assign an order number to your order and you will be informed of that number when we accept your order. Please quote this order number whenever you contact us about your order.
3.4 At present our Site and App is solely for the delivery of alcohol in the form of wines, spirits or other alcoholic mixtures and limited food offerings in the Central London or Zone 1 area. Unfortunately, we do not accept orders for delivery outside of this geographical area and when you visit our Site and App and prior to making an order you will be asked to insert your postcode to check eligibility for delivery.
3.5 By registering on our Site or App and placing an order for alcohol you confirm that you are over 18 years of age. You may be subject to our online age verification process. Under no circumstances shall a contract exist between the Company and anyone under the age of 18 years of age. Our delivery drivers reserve the right to refuse delivery if at they believe you to be under the legal age and also have the right to request sight of appropriate identification.
4.1 The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images
4.2 The packaging of the product may vary from that shown in images on our Site.
4.3 Aside from alcohol we may provide sealed or pre-packaged food items, such items will be labelled in accordance with the provisions of the Food Information Regulations 2014 in relation to allergen and nutritional information. You are required to check the labels of all packaged items to ensure suitability for personal consumption.
4.4 Any food items provided shall be supplied subject to the appropriate holding, storage, transportation temperatures and conditions and shall be maintained by you in accordance with labelled instructions. The Company will not be responsible for any damage caused by failure to adhere to labelling instructions.
Providing the products
5.1 The costs of delivery will be as displayed to you on our Site. Such costs will vary in accordance with the timing of orders placed and requested delivery.
5.2 We pride ourselves on a 30 minute delivery time but occasionally our supply of the products might be delayed by events outside our control. If this occurs 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 will be notified you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.3 If you do choose to treat the contract as at an end for late delivery under this clause, you can cancel your order for any of the goods or reject goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered you must allow us to collect them from you. Please call customer services on 02079281107 or email us at firstname.lastname@example.org to arrange collection.
5.4 Goods delivered to you will be your responsibility from the time we deliver them to the address provided and they are accepted by you.
5.5 At time of delivery our delivery driver will request proof of age identification. We will suspend the supply of a product to you if you are below the legal age limit for alcohol consumption and purchase. All alcoholic products must be signed for by you or your nominated representative aged eighteen or over and who will also be required to provide proof of age.
5.6 In the event of purchases made for delivery to addresses other than the purchaser’s address or purchases made as a gift the purchaser is required to ensure that the named recipient is 18 years or older and proof of age will be required.
5.7 You must report any breakages, defects or deficiencies to our delivery driver immediately otherwise you will be deemed to have accepted the goods.
5.8 The products are provided for your own consumption and not for the purposes of retail or other commercial use. Should you undertake onward third party transactions with respect to the products then these terms and conditions will not apply to such third party and to the extent allowable by law you will have voided all warranties.
How to end the contract with us (including if you have changed your mind)
6.1 You may end this contract with us at any time for any reason including price. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 02079281107 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our Site (https://prod.kol-app.com/en/contact-us).
6.2 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 may do so at time of delivery.
6.3 Where cancellation is made and the order has already been dispatched we are not able to stop delivery and to such an extent the delivery charges cannot be refunded. You will also be liable to a restocking fee which will be quoted prior to order confirmation.
6.4 You also have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which permits the return of most goods ordered online within 14 days of purchase at your own expense. Or you must allow us to collect them from you. If we collect, a collection fee will be payable. If we are unable to accept return because the goods are not in good condition or have been opened, a re-delivery fee will also be payable. Upon receipt and acceptance by us we will refund all payments (less any collection of delivery charges and restock fee) within 14 days.
6.5 In the case of perishable foods not returned at time of delivery then we do not accept returns unless it is of poor quality. In that event we request that returns are made before the labelled expiry date.
Our rights to end the contract
7.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
If there is a problem with the product
8.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02079281107 or email us at firstname.lastname@example.org
8.2 We undertake the proper safekeeping and storage of wines in our possession and will act in good faith when purchasing wine. However we cannot be held responsible for the condition of wines or whether the taste corresponds to the quality desired or expected from the description.
Price and payment
9.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you have placed your order. Prices are given per bottle or as otherwise listed on our Site and App and there are discounts for case quantities ordered. If the rate of 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.
9.2 Despite our best efforts, some of the products we sell may be incorrectly priced. We will 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, you will be charged 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 dispatch 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. You will be provided with an opportunity to confirm your purchase prior to making payment.
9.3 We accept payment with Visa, Maestro and American Express. You must pay for the products before they are delivered to you. Please be aware that all credit and card transactions are subject to validation from your card provider. Your payment will be processed via our secure online platform Stripe.
9.4 Any offers held on our Site or App are time limited and offer finishing dates are guides only and we reserve the right to change any price or offer without notice.
Our responsibility for loss or damage suffered by you
10.1 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 and for breach of your legal rights in relation to the products.
10.2 We are not liable for business losses. We only supply the products for domestic and private use. 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.
10.3 Alcohol should be consumed in moderation, consequently the Company accepts no responsibility for the improper consumption of alcohol and any subsequent behaviour or actions arising consistent with improper consumption. The Company also reserves the right to refuse delivery to persons who already appear to be under the influence of alcohol or other drugs and shall arrange re-delivery. In the event of cancellation in these circumstances delivery and restock fees shall be recovered as outlined above.
How we may use your personal information
11.1 For the purposes of the Data Protection Act 1998 we the “Company” are the data controller. We will collect and process the personal information (“data”) you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
11.2 By registering your details on our Site and App to make a purchase you consent to the Company maintaining, recording, holding and using personal data we collect about you. We will only give your personal information to other third parties where the law either requires or allows us to do so.
11.3 The Company will take all appropriate technical and organisational measures against unauthorised or unlawful processing of Data and against accidental loss, destruction or damage.
12.1 We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
12.2 We may update and change our Site from time to time to reflect changes to our products, our users' needs and our business priorities
12.3 Our Site is made available free of charge.
12.4 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
12.6 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.
12.8 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details above.
12.9 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.10 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
12.11 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.
12.12 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
12.13 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
12.15 The content on our 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.
12.16 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
12.17 Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
12.18 We have no control over the contents of those Sites or resources.
12.19 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.
12.20 If you wish to complain about information and materials uploaded by other users please contact us on the contact details above.
12.21 Whether you are a consumer or a business user:
• 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 and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which have been set out above.
12.23 If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our Site; or
• use of or reliance on any content displayed on our Site.
〈 In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
12.24 If you are a consumer user:
• Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.25 We do not guarantee that our Site will be secure or free from bugs or viruses.
12.26 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
12.27 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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 our Site will cease immediately.
12.28 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12.29 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.
12.30 You must not establish a link to our Site in any website that is not owned by you.
12.31 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
12.32 We reserve the right to withdraw linking permission without notice.
Strictly necessary cookies. These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services where appropriate.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Third Party Advertising
Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.1 Eligibility: This Promotion is open to selected Kol users ('you/user') aged 18 or over who have completed at least 1 Kol orders.
15.2 To take part: Simply share your unique link with a friend or relative (aged 18 or over) who you think would benefit from the Kol service (referral). For every person that you have referred, who then goes on to place a Kol order using that unique link, you will receive an amount in Kol credits as stated in the promotional materials. The friend or relative must not live at the same address as you.
15.3 Promotion Period: You will be able to submit referrals and the promotion will continue until revoked by us.
15.4 There is a maximum of 20 of names that you can recommend, subject to the above criteria. We reserve the right to change the maximum number of referrals at any time.
15.5 Any attempt to manipulate the system and use of credits by use of bulk entry via third parties or syndicates, macros, 'script', 'brute force', masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the credits invalid and may potentially lead to that account being closed down.
15.6 Use of Data: Before you submit the name and email of anyone to us, please ensure that you have obtained their permission. We will use the personal details of the friend or relative supplied for the administration of this promotion and introductory emails about Kol products and services.
15.7 If for any reason a credit becomes invalid due to technical failures or any other causes beyond the control of Kol, or a catalog item becomes unavailable, Kol reserves the right (subject to any written directions given under applicable law) to cancel, suspend or modify the Promotion and not re-issue any additional credits affected customers.
15.8 Kol reserves the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid redemptions including, without limitation, to require further verification as to the identity, age, and other relevant details of a customer.
15.9 By redeeming the credits, customers agree to release Kol from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or with the acceptance or possession of any purchase of menu items and / or delivery charges (except death or personal injury caused by the Promoter’s negligence, for fraud, or otherwise as prohibited by law).
15.10 No responsibility is accepted for referrals that are lost, corrupted or delayed or as a result of any network, computer hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
15.11 Unique codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via social media where you are the primary content owner. Public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed.
15.12 By taking part in this promotion you will be deemed to have accepted and be bound by these terms and conditions.
15.13 This promotion will be governed by the laws of England and the exclusive jurisdiction of the English courts.