TERMS AND CONDITIONS

I. Introduction

Welcome to the Coco & Kandy Website (www.cocoandkandy.com ), hereinafter referred to respectively as “Coco & Kandy“, “we”, “us” “our” and the “Website”. Through our Website we provide the purchase of goods and assist for their subsequent delivery through third-party logistics providers to our customers and/or third parties specifically designated by them. By accessing our Website, you agree to the application of the following terms and conditions (the “Terms and Conditions”) for use of the Website. Please, take time and consideration to carefully read and review the Terms and Conditions. Each time you access, use or otherwise submit information to us through the Website, you, in your capacity as a customer or user, agree to follow and be bound by the Terms and Conditions. In case of disagreement or inability to comply with the Terms and Conditions, please contact us through the provided contact information and/or refrain from using the Website.

II. Company Information

a) General Information   

Coco & Kandy Ltd. is a solely-owned limited liability company registered according to the laws of the Republic of Bulgaria. The company seat and registered address of management are located in the city of Varna, Bulgaria.

b) Company and Contact Details:
Name: Coco and Kandy Ltd., which translates to “Коко енд Кенди” ЕООД in Bulgarian.

UIC: 2057575034

VAT No.: BG2057575034

Seat and address of management:

Varna 9000,

Republic of Bulgaria.

Contact information:

phone: +359893677405;

email address: info@cocoandkandy.com

The consumer shall be fully responsible for the contents transmitted by him. Coco & Kandy does not assume any responsibility for checking the information provided by the consumer for completeness, correctness, legality, up-to-datedness, quality or suitability for a specific purpose.

III. General Terms

a) Applicability 

These following Terms and Conditions shall apply to all purchases of goods ordered and all services provided via the Website. The customer confirms unconditional acceptance of the Terms and Conditions .

b) Changes
We reserve the right to make changes to our Website, these Terms and Conditions, as well as other policies and practices at any time. If any of these conditions, policies or practices shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. The latest version of the Terms and Conditions is available on our Website. The conditions that apply to each individual order are those that were in effect on the day the order was submitted – these Terms and Conditions, as well as the e-mail confirmations provided in view of such orders can be printed out or saved onto digital media.

c) Non-Commercial Use
Our Website provides services exclusively to end consumers for their personal and individual use. Any use of our Website or our services for commercial purpose is explicitly prohibited, unless stated otherwise by Coco & Kandy. Customers, as individuals, groups, representatives or any other capacity are explicitly prohibited from purchasing our products with the intent of consequent commercial resale. Please contact us in case you wish to make wholesale orders or discuss other commercial transactions with us.

d) Age Restriction
By accessing our Website you warrant and confirm that you are legally entitled to do so, including that you are over 18 years of age or have reached full legal age in the country from where you are accessing the Website. You must not access the Website if you do not meet any of these conditions.

e) Disclaimer of Legal Liability
By using the functionality of our services through our Website, you acknowledge and agree that the aforementioned use is conducted at your sole risk and responsibility. The Website, its content and the information and services available on or through it, are provided on “as is” and “as available” basis with any and all faults that might exist at the time of respective use. We always strive to comply the best possible functionality and quality of service, as well as provide adequate and accurate information to our clients. Despite all these continuous efforts, technical faults, misinformation and categorization errors are still possible and do occur.

Coco & Kandy has a best effort obligation towards the performance of its duty in relation to the service of its customer base and shall not be held responsible, to the extent permitted by law, for any loss, liability, incurred damage of any kind, personal injury or expense of any nature whatsoever, which may be suffered by you or any third party (including legal entities), as a result of or which may be attributable, directly or indirectly, to access and/or use of the Website, any information contained on the Website, corporate or personal information or any material/information transmitted over our system.

No delay, omission or failure by us to exercise any of our rights or remedies hereunder shall be deemed to be a waiver thereof or an acceptance or consent in the event giving rise to such right or remedy, but every such right or remedy may be exercised from time to time and as often as we may deem it expedient.

f) Warranties
Coco & Kandy makes no representation or warranties of any kind, whether express or implied, including any warranties regarding merchantability, fitness for a particular purpose, validity, accuracy, completeness, reliability, security or non-infringement, or implied warranties arising from any course of dealing, course of execution, performance or communication with us. We cannot warrant or guarantee that the Website’s operations or content will be uninterrupted, secure or free of error at all times. We reserve the right, but are not obligated to correct any errors, omissions or inaccuracies and to change or update information at any time without prior notice and without incurrence of liability. All use of computer and personal equipment, such as computer systems, data drives or other, as well as download of materials from our Website and similar actions are done solely at your risk.

The products offered on the Website have legal warranty conditions in accordance with the applicable law for conformity of the products with the sale contract and may have commercial warranty conditions as per the individual commercial policies of the respective manufacturer. Please see below the applicable rules in the event you are unsatisfied with a product, for example in case of established defect.

g) Product Characteristics

Through our Website we attempt to provide accurate and detailed information about our products and/or services. It is however possible that discrepancies might sometimes occur in practice. In relation to the specific characteristics of our products and services, please be aware that computer settings may affect the display of products, particularly colors. Every care has been taken to ensure that the photographic representation, description and specification of each product are exact. However, while the reproduction of colors is a close representation, a slight variation in the actual goods may occur.

We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Coco & Kandy shall not be responsible for such discrepancies.

h) Transfer of Rights
You are not entitled to transfer to third parties any of your rights and / or obligations arising from these Terms and Conditions, without our prior written consent.

i) Policies
The present Terms and Conditions govern all our legal relations with individual clients and/or third parties. In relation to issues of privacy and usage of cookies, please refer to our Privacy Policy and Cookie Policy respectively.

j) Viruses
We protect our systems against viruses. Even so, virus infections can never be completely ruled out. Also, it is possible that unauthorized third parties may send e-mails using our name without our consent, and that such e-mails may contain viruses, spyware or links to web content which, in turn, may contain viruses or spyware. We have no influence over such occurrences. You agree to check all incoming mail sent or supposedly sent by or in our name for potential viruses.

You are responsible for configuring your software in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. 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 Website will cease immediately.

k) User Account
For the sake of convenience you may register an account with us, e.g. in order to be able to easily view or track your orders, or to be able to complete orders quicker with the personal details you have provided. Registering an account is not required to make purchases from the Website.

Each party has the right to terminate the account at any time without stating reasons. If there is no option for terminating the account in the Website (e.g. via a dedicated button), your termination request must be submitted by e-mail at info@cocoandkandy.com . In case we terminate your account, we will notify you by email.

You must treat your login details for your account as confidential. You must not disclose them to any third party.

IV. Orders

a) General
Placed orders are subject to stock availability and/or shipping restrictions.

b) Stock Availability
Customers have access to indicative stock availabilities and product descriptions on the Website. In case of placement of orders for products, which are out of stock, Coco & Kandy will advise customers by email and will issue a refund of the exact purchase price to the original payment method that was used for the payment of the products. In cases of partial availability of products (i.e. where the number of available products is less than the number of ordered products) Coco & Kandy may suggest to the customer to amend the placed order taking into account the current stock availabilities. In case the customer does not expressly agree or does not respond to our modified offer within the term specified by us, will issue a refund of the exact purchase price to the original payment method that was used for the payment of the products.

c) Amendment of Orders
Any time after receipt of the customer’s order, Coco & Kandy may, at its sole discretion, accept or decline all or part of the order or any future orders. In such scenarios, any fees paid by the customer after the placement of the order will be refunded accordingly. If a product is listed at an incorrect price, Coco & Kandy may refuse or cancel orders placed for such product, in accordance with applicable law, and will refund any payment made by the customer after the placement of their order.

d) Potential Cancellation of Orders
Coco & Kandy reserves the right to refuse the execution of an individual order or a group of orders, in case the provided payment details or the payment records for placed orders are invalid, incomplete or otherwise unsatisfactory. The same applies in case of suspected fraud or other irregularities. In case of problems related to the processing of payments or inability to meet the payment and/or other criteria contained within the Terms and Conditions, Coco & Kandy may choose to advise the customer by phone or email within seven (7) business days after the placement of the initial order. The absence of action on behalf of Coco & Kandy and/or inappropriate action on behalf of the customer shall result in the outright cancellation of the order. In any case of order cancellation the customer shall be notified accordingly.

e) Listed Prices
All listed prices on the products on our Website are final and constitute the total price of a given article, (including VAT where applicable) with the exception of delivery costs, which are calculated separately. For products that are to be delivered outside the territorial borders of the European Union shipping charges, customs fees and other taxes/fees may apply. Customers must be aware of and shall be fully responsible for all potential import requirements and/or restrictions for products in their respective jurisdictions. Coco & Kandy shall not be held liable in any way for import clearance requirements or any seizure of goods by customs officials. For further information, please refer to the sections “Customs and Imports” of the Terms and Conditions.

f) Discounted Products and Items
Discounted products and items are listed as “available” as long as they do not run out of stock, upon which their availability status will be changed. For inquiries about the availability of specific products or items, please contact Coco & Kandy.

g) Use of Customer Information
For information regarding the use, storage and protection of your personal data, please refer to our Privacy Policy.

For information about the use of cookies and similar technologies, please refer to our Cookie Policy.

h) Online Orders
The customer is obliged to carefully read and follow the instructions provided on the Website regarding the placement, execution and shipping of orders in order to ensure proper and adequate processing and shipment. The placement of an online order by the customer constitutes an offer for entry into a contract. Upon the placement of each individual order, the customer will receive a confirmation notice by email, containing the order number, selected products and items and the total price, including delivery costs and payment service fees – with such confirmation Coco & Kandy accepts the customer’s offer and the contract between the parties is concluded. Coco & Kandy is not obliged to provide information on applicable import requirements and charges, as well as other non-standard shipping fees.

i) Proof of Order Placement
The emails containing confirmation notices for individual orders, along with the available Website records constitute proof of acceptance, payment, quantity, content, date and other relevant details of placed orders between the customer and Coco & Kandy. Email sent or received to or from the email address of the customer shall be considered an email delivered to or, respectively sent by that customer and Coco & Kandy shall not be required in any way to further check the identity of the actual addressee or sender of the respective communication.

j) Pricing
Unless explicitly stated, all prices for products provided on the Website are listed in Euro (EUR.; €). The listed price includes VAT, where applicable, but does not include delivery or import costs and/or payment processing fees.

All available products are invoiced and consequently payable as per the price listed at the time of placement of the individual order by the customer. Delivery costs are subsequently added to the total product price (including VAT, where applicable) once the delivery method is selected by the customer. The final cost of the product with the relevant delivery costs is indicated in the electronic order confirmation notice. The payment of any applicable import or similar fees at the final destination shall be sole responsibility of the customer.

V. Payment

a) Payment Methods
All placed orders must be paid by one of the following payment :

1) via valid debit or credit card (Visa, MasterCard, American Express). Cards issued by local banks and not by the aforementioned service providers cannot be processed through our global payment system;

2) via the PayPal platform – for all other cases.

b) Payment Invalidity
In the event that the payable amount for a placed order cannot be debited for whatever reason, including non-exhaustively – limitation, suspicion or discovery of fraud, aborted payment, refusal by the customer bank or relevant card issuer, the order will be cancelled immediately. The total payable amount is indicated in the electronic order confirmation notice and in the invoice sent to the individual account at the Coco & Kandy Website platform.

All payments made online through debit or credit cards are processed and debited . For payments through the PayPal platform the customer is automatically redirected to their personal PayPal account. Once the payment if confirmed by the PayPal platform, the placed order is deemed to as “accepted”.

If we incur costs and/or losses as a result of your default or insufficient bank account funds, and/or if we are charged a cancellation fee due to the cancellation of a direct debit payment or similar fee, you will bear all cancellation fees generated as a result of these actions. We are entitled to demand payment of the costs incurred from repeated attempts to debit the charges from your account together with the original fees. If payment of fees is made by direct debit or credit card, and a debit reversal occurs, we will charge a service fee (which would vary depending on the type of payment method used) per direct debit/credit card transaction plus banking fees accrued. You are entitled to prove that no damage occurred or that a substantially lower level of damage was caused due to late payment.

c) Payment Security

All transactions submitted through our Website are protected by TLS (Transport Layer Security) encryption which encrypts information you input to protect it from interception by outside parties.

Coco & Kandy does not store or keep credit or debit card numbers from online transactions. In the event a card is used without the holder’s authorisation, the cardholder must notify their card provider in accordance with their reporting rules and procedures.

d) Gift Cards and Coupons
At the present moment Coco & Kandy does not accept any gift cards, merchandise cards, vouchers or other forms of payment outside the specified payment methods.

VI. Delivery

a) Order Processing
Each placed order is processed only after its full payment. The parcel containing the purchased products and items is dispatched towards the designated delivery address of the customer. Besides the respective products of the order, each parcel also contains a shipping list with the description of each individual product, as well as an invoice for the customer.

The designated delivery address cannot be changed once a shipment has been processed and has left the Coco & Kandy warehouse.

b) Processing Term
All received orders are usually processed, confirmed and shipped within 2 (two) business days of their full payment. Should an unexpected delay occur, the customer shall be notified by Coco & Kandy by email. A shipping confirmation is sent to the customer as soon as the order leaves the Coco & Kandy warehouse. The shipping status of an order can be monitored through a tracking link, which is provided that the latter offers such tracking service. The shipping status link will be accessible via the order confirmation e-mail or your personal account with us. The information provided through tracking links is usually updated within 24 hours of the change of status. Coco & Kandy cannot check the correctness and completeness of the contents transmitted by third parties and therefore we do not assume liability for the accuracy and completeness of any tracking information provided by the third-party logistics services provider.

If the customer has not received a shipping confirmation or has questions about the order, they can reach us via the live chat feature on our Website or at info@cocoandkandy.com where our Customer Service Team will gladly provide assistance!

c) Delivery Costs
We offer Free International Shipment.

d) Delivery
Coco and Kandy offers Worldwide delivery. International shipments (within Europe) are usually delivered within 2-5 business days (Monday-Friday) through the respective courier service provider. Deliveries outside Europe are usually completed within 3-7 business days (Monday-Friday).

e) Proof of Delivery
Orders are usually delivered between 8 AM – 6 PM Monday-Friday. The customer has the obligation to ensure that someone is available at the designated delivery address as a signature will be requested upon delivery of the package/parcel. If an authorized person is not able to sign for the package/parcel, the delivery agent will notify you of the attempted delivery and the package/parcel will be returned to the nearest collection centre for the customer to collect.

f) Failure to Complete Delivery
Coco & Kandy is not liable to the customer if delivery of the goods is delayed or not performed as per the Terms and Conditions, if the reason for such delay is outside our reasonable control. Such instances include, but are not limited to: labor strikes, international conflicts, civil disturbances, government intervention and/or other events of force majeure nature, such as explosions, state of emergency / emergency situations (including emergency epidemic situations), floods, fires, storms or transportation accidents. If a purchase sent to you is returned as undeliverable as per the respective courier’s standard practice, we reserve the right to charge you a fee covering the entire cost of the shipping and processing of your order and to withhold such amounts from any refunds related to that order.

VII. Customs and Import Fees

a) Import Fees
Products that are designated for shipment to jurisdictions outside the European Union may be subject to taxes, customs duties and fees levied by the respective jurisdiction (hereinafter referred to as “Import Fees”). Import fees are usually incurred upon the import of the package/parcel in the respective jurisdiction. Incurred import fees are to be paid by the customer upon final delivery of the package/parcel. Coco & Kandy is not responsible for the incurrence of import fees and does not possess or provide information their potential applicability or actual amount, as customs duties vary for each jurisdiction.

To ensure the prevention of incurrence of unwanted fees, customers are encouraged to contact their respective customs office in advance before placing an order to obtain information on the applicability of import fees within their respective jurisdiction.

Coco & Kandy is not in position to assist with the completion of any import clearance, customs or other applicable administrative procedures that might need to be completed at the jurisdiction of the final destination. The customer shall be solely responsible to complete such procedures at her/his cost and risk.

b) Refund of Orders Subject to Import Costs
Coco & Kandy reserves the right to deduct all and any return costs for incurred import fees from the total return amount of the order, in cases where the shipment is rejected or refused at the customs office of the customer’s jurisdiction.

VIII. Returns & Cancellation

a) Return/Exchange (Right of Withdrawal)
Delivered products can be asked to be returned to us by the customer within expiration of fourteen (14) days of the completion of delivery (in case of separate delivery of multiple goods, as of the delivery of the last good or shipment), without the need to provide a specific reason or the incurrence of penalties of any kind. We may ask you for the reason of this withdrawal, but you are under no obligation to state your reason(s). During the withdrawal period, you shall treat the goods and their packaging with care. You shall only unpack or use the goods in as far as necessary in order to assess their nature, characteristics and functioning (in the same way that you would do that in a physical shop).The customer must return the delivered goods in their original packaging,unwashed and complete with tags and all related accessories or instruction booklets. To exercise your right of withdrawal you must clearly communicate this with us at info@cocoandkandy.com before the expiration of the 30-day period. We will promptly confirm receipt of your withdrawal from the contract and we will provide you with instructions regarding the least expensive type of return delivery to be used for the products.

Consumers do not have the right of withdrawal for:

• products made to the consumer’s specifications or clearly personalised;
• products which are liable to deteriorate or expire rapidly;
• sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
• products which are, after delivery, according to their nature, inseparably mixed with other items.
• Products on sale.

 b) Return Costs
All costs pertaining to the return of the products are to be paid by the customer. A refund (excludin delivery charges) is issued through the same method of payment used for the original purchase, within thirty (14) days following the customer return request. .

c) Damaged Products during return
The customer has to send us back the products no later than 14 days as of the day on which the customer communicated the withdrawal. The customer may be liable for the diminished value of the returned products, if it was not necessary to establish the nature, characteristics and functioning of the products. In case for any reason the customer has returned an item different from the item originally sent to him/her, Coco & Kandy shall be entitled, in its own discretion, to refuse to issue refund.

d) Returns of Products outside the European Union
In cases of return of products from jurisdictions outside the EU, the customer must clearly label their package as “Returned Goods” and hand over the invoice to the courier service operator or postal agent alongside the return parcel.

e) Cancellation
Standard orders for in-stock items can be cancelled by the customer up to the point of dispatch of the relevant order for delivery, but not after the order has been shipped.

f) Delays
In cases where the shipment or delivery of the order is delayed for some reason, Coco & Kandy shall put its best efforts to inform the customer and provide her/him with a new estimated time of delivery, You may cancel the order if you do not accept the new estimated time of delivery.

If the order has been delayed and the customer has accepted the new estimated time of delivery and the order is further delayed, the customer may cancel the order by notifying our Customer Service Team. In cases of such delays and cancellation, the full amount paid shall be reimbursed to the customer. If the order has already been dispatched the customer has to organize the return of the ordered products in order to be reimbursed. The costs in this case shall be borne by Coco & Kandy.

g) Faulty or Defects Items
The extensive quality control provided by Coco & Kandy aims to ensure that all our products are meticulously checked through our special control procedures before being dispatched to our customers. Our team works hard to prevent the appearance of damages and/or defects in our products and the proper execution of our orders.

In cases where the customer discovers a fault, defect or damage to a product, that cannot be attributed to reasons outside the control of Coco & Kandy or to customer behaviour, we shall replace the product or item with a new article of the same kind, if it is available in stock or refund the full price including shipping costs. For this purpose, we ask you to immediately send us pictures of the product and its packaging (including its transport packaging) at info@cocoandkandy.com . For such replacements to be effected, we require that you first contact us to organize a pick up of the faulty item. In those cases, where we have examined the product and the provided pictures and confirmed that it was faulty, defective or damaged, we will initiate its substitution, as long as it is in stock, and all related shipping costs will be at the expense of Coco & Kandy. In case our check does not confirm a fault, defect or damage, or if we establish that such fault, defect or damage could be attributed to reasons outside the control of Coco & Kandy or to customer behaviour, the product will be sent back to you at your expense (you will be additionally charged with the secondary shipping).

If a new article is currently out of stock, the customer shall be reimbursed with the original cost of the product, the original delivery cost, unless the defect can be repaired. If the damaged article was part of an order containing other purchased items, the cost of the original delivery will not be reimbursed. Customers must always diligently inspect the delivered products upon delivery and notify the Coco & Kandy Customer Service Team immediately upon discovery of damage, defect or fault of any kind.

h) Contact details
For any claim regarding returns, refunds and other questions related to the performance of delivery of our products, we kindly ask our customers to refer to: info@cocoandkandy.com

IX. Intellectual Property Rights

a) Relevant Rightsholders
The Website and all the information and content available on it are exclusive intellectual property of Coco & Kandy and is protected as such. The content on the Website includes, but is not limited to: all text, graphics, logos, button icons, images, data compilations and software used in connection with this Website. The content of the Website, which may also include content of other rightsholders (the brand owners and/or our commercial suppliers) is protected copyright, trademarks, database rights and other intellectual property rights. Any attempt to access the Website source code and protocols or any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logos, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited and liable to appropriate legal action from our side.

b) Infringement Claims
Coco & Kandy reserves the right to seek and claim compensation for any infringement or damages of its intellectual property rights.

c) Prohibited Actions
Users, customers and all other third parties agree to use the Coco & Kandy Website and the provided services only for their intended purposes (such as reviewing and purchasing products, or providing information) in complete accordance with these Terms and Condition and all applicable laws. They may copy, electronically download or print hard copies of pages from the Website solely for personal, non-commercial purposes related to placing an order or shopping with www.cocoandkandy.com. When copying, downloading or printing content for your personal, non-commercial use, all concerned parties are advised that:

(i) they do not obtain any right or interest in the content;

(ii) you agree not to alter or delete any copyright, trademark or other intellectual property right notice that appears on the content;

(iii) they agree not to modify, alter or create derivative works from the content;

(iv) Coco & Kandy does not represent or warrant that such use will not infringe the rights of any third parties not affiliated with us; and

(v) we may revoke the ability of any concerned party to use the content in any fashion at any time in our sole discretion.

d) Any other use of the Website, including, without limitation, accessing, modifying, deleting, downloading, copying, displaying, performing, publishing, distributing or transmitting the Website or its content, in whole or in part, for any public or commercial purpose (without our prior written permission) or any unlawful purpose is strictly prohibited. The operational use of the Website by any party may not disrupt the operation of the Website or our business or result in unauthorized access to the Website, our network or data belonging to us or a third party. We reserve the right to terminate, limit or restrict all access to and use of the Website at any time without notice. Infringing parties will remain liable for any orders or charges made or incurred by them prior to any such termination.

Users, customers and all other third parties may not extract and/or re-utilize parts of the content of any Coco & Kandy without our express written consent. In particular, they may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of the Coco & Kandy, without our express written consent.

X. Applicable Law

a) Jurisdiction

Тhese General Terms and Conditions as well as the contractual relationships between the customer and Coco & Kandy shall be governed by the laws of the Republic of Bulgaria, excluding the rules of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law shall not deprive the customer of the protection afforded by those provisions that cannot be derogated from by agreement under the law of the country in which he has his habitual residence.

b) Competent Courts

Disputes arising out of the action, performance and responsibilities of the parties under these General Terms and Conditions which cannot be amicably resolved shall be referred for final resolution to the competent Bulgarian court.

c) European Online Dispute Resolution (ODR) platform

If you reside in the European Union, you may access the online dispute resolution platform established by the European Commission: https://ec.europa.eu/consumers/odr. Please kindly note that Coco & Kandy is not obligated to participate in a dispute resolution procedure in front of a consumer mediation body and may decide against voluntary participation in such a procedure.