Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Kompassion ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Kompassion ltd, trading as Kompassion Kombucha.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
18. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
19. Where you select a "Overnight" option, please allow 1-2 business days for dispatch.
20. We offer a discounted "Local London" delivery option for deliveries made within the eligible postcodes listed here: E1, E2, E3, E5, E8, E9, E10, E14, E15, E17, E20, EC1, EC2, EC3, EC4, N1, N4, N5, N7, N16, NW1, NW3, NW8, SE1, SE11, SE3, SE4, SE5, SE8, SE10, SE11, SE13, SE14, SE15, SE16, SE17, SE22, SW1, SW2, SW3, SW4, SW5, SW6, SW7, W1, W2, W8, W9, W11, WC1, WC2 . These deliveries will be made by cargo bicycle, or in special circumstances, by another vehicle of our choice.
21. Where you select a "Local London" delivery option, but the delivery address is not within the postcode range specified above, you order will be cancelled and a refund for your order will be processed.
22. Kombucha Club is a service offered within the "Local London" postcode range specified above, though which customers opt to receive their purchase in a zero-waste format, that is, a refillable bottle without a label and without packaging, which is delivered by cargo bicycle.
23. Where you purchase a Kombucha Club bottle, refill, or sign up for Kombucha Club "Prime" delivery service, you are agree that, while all other terms and conditions apply, several special conditions also apply:
a). Your Kombucha club order (e.g. new bottles or refills) will be delivered as part of a twice weekly delivery round by cargo bicycle. This occurs on Tuesdays and Fridays each week between 10am-4pm. A more detailed timeslot for delivery may not be given.
b). Your Kombucha Club order is delivered 'curbside' - that is, to the ground-floor entrance of a building, or to a 'safe place' which you designate and where you authorise us to leave your order when you cannot accept your order in person. Examples of 'safe places' may be a garden or bike shed, behind some potted plants, with a neighbour, or in a shared lobby, and are deemed to be suitable for leaving your delivery solely at your discretion.
c). Where you cannot accept your Kombucha Club order in person, and you designate a 'safe place' for us to deliver your order, you warrant that we are not liable for stolen, lost or damaged deliveries or portions thereof when left in the 'safe place' you designated.
d). Where you purchase a Kombucha Club "Refill", it is your responsibility to ensure that we are able to collect one empty bottle for every refill you order when we deliver to you. If you cannot hand them over in person, you can leave them in your 'safe place' if you have designated one.
e).Refill prices are only offered on the condition that we receive a clean and empty bottle when we deliver a full bottle. We reserve the right to apply a new bottle fee of £2.50 to your next order or direct debit for each bottle we deliver without receiving a clean empty bottle in exchange.
f). It is your responsibility to ensure that empty bottles are returned to us in a clean condition. A clean condition means the bottle is intact, undamaged, untarnished, and free from residues and stains. Otherwise, we cannot re-use your bottle and have to dispose of it. We reserve the right to apply a new bottle fee of £2.50 to your next order or direct debit for each bottle we receive that is not in a clean condition, is damaged, stained or tarnished, or if your bottle shows any signs of having contained any other liquid, food, oil, residue, or any substance other than our kombucha.
g). At our discretion, we may buy back bottles you wish to return us for £0.20 per bottle. We will only consider buying back bottles which are in a clean condition. A clean condition means the bottle is intact, undamaged, untarnished, and free from residues and stains. We will make remuneration for bottle returns as a discount on your next order, or as a refund to a debit card you have previously used to make purchases from us, or by cheque.
h). If for any reason we cannot fulfil your order we will notify you by email, cancel your order and issue a refund.
i). We may at times and at our discretion make alterations or substitutions to an order or parts of an order, for example if an item or flavour you have ordered is not in stock, we may substitute another flavour for the one which is not available, or cancel your order and issue a refund.
j). Our kombucha must be refrigerated and it is your responsibility to place your delivery in the fridge as soon as possible. At ambient temperatures kombucha may continue to ferment and, over time, this may lead to an increase in the liquid carbonation levels, and may result in an increased in alcohol by volume. Left unchecked, this can lead to kombucha having an alcohol content above 0.5% ABV and/or hazardous or explosive bottle pressure, which usually only becomes a concern after more than one day at ambient temperature. If you cannot accept your delivery in person, we accept no liability for any change in the condition of kombucha which is left in the 'safe place' that you designate.
20. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
21. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
22. Where you have ordered a personalised, perishable or time critical item (such as food or drink, event tickets or e-vouchers) you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
25. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.