Terms & Conditions

Sale and Purchase of Goods

Khoki United is a retailer in the UK. This page (together with the Privacy Policy and Terms of Website Use) tells you information about the Company and the legal terms and conditions (“Terms”) under which it sells any of the products excluding Gift Vouchers (“Products”) listed on the Company’s  website (“our site”) to you. For special terms and conditions under which the Company sells Gift Vouchers to you, please see below Clause 20 of these Sale and Purchase of Goods Terms & Conditions.

 

These Terms will apply to any contract between the Company and you for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the website.

 

These Terms are amended from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 16 May 2025.

 

These Terms, and any Contract between the Company and you, are only in the English language.

 

1. Information about Khoki United

KHOKI UNITED LIMITED

14489040 - Incorporated on 16 November 2022

18 Rossway Drive, Bushey, Hertfordshire, England, WD23 3EW

 

1.2   Contacting the Company if you are a consumer:

 

a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let the Company know that you have decided to cancel. A link to a cancellation form will be included in any Dispatch Confirmation. If you use this method a representative of the Company will e-mail you to confirm we have received your cancellation. You can also e-mail the Company at info@khokiunited.com or write to Khoki United Limited, 18 Rossway Drive, Bushey, Hertfordshire, England, WD23 3EW. Please include details of your order to help us to identify it. Your cancellation is effective from the date you send the website cancellation form or e-mail or post the letter to us.

 

b) If you wish to contact the Company for any other reason, including because you have any complaints, you can contact us by telephoning customer services or emailing us

 

c) If the Company has to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

 

1.3   Contacting the Company if you are a business. You may contact us by telephoning customer services but please note that we rarely reply to unsolicited offers of business or services. If you wish to give the Company formal notice of any matter in accordance with these Terms, please see clause 18.3.

 

2. The Products

2.1   Our packaging consists of 6 and 12 bottle cases (excluding one-bottle wine gift packages) and therefore, in order to ease packaging and minimise breakages, the minimum order policy is 6 bottles. All orders must be in multiples of 6 bottles unless otherwise agreed by the Company.

 

2.2  The images of the Products on the site are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

 

2.3  The packaging of the Products may vary from that shown on images on the site.

 

2.4  All Products are offered subject to availability. Images, words including tasting notes and descriptions are for guidance only.

 

3. Use of the site

Your use of the site is governed by the Terms of Website Use Policy. Please take the time to read these, as they include important terms which apply to you.

 

4. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read the Privacy Policy, as it includes important terms which apply to you.

 

5. If you are a consumer

This clause 5 only applies if you are a consumer.

 

5.1  If you are a consumer, you may only purchase Products from the site if you are at least 18 years old.

 

5.2  Most Products on the site can only be purchased if you satisfy the legal age requirement for that product. I am not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through the site. These Products are Alcoholic Wines which require you to be 18 years of age or over to purchase and or consume.

 

5.3  Deliveries must only be accepted by someone aged 18 years or over if the delivery is not to your home or work address.

 

6. If you are a business customer

This clause 6 only applies if you are a business.

 

6.1  If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the site to purchase Products.

 

6.2  These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

 

6.3  You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

 

6.4  You and the Company agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

 

6.5  If we have supplied Products to you on credit terms, title to the Products shall remain in our name.

 

6.6  Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:

 

a) the Products; and

 

b) all other sums which are or which become due to us from you on any account.

 

6.7  Until ownership of the Products has passed to you, you must:

 

a) hold the Products on a fiduciary basis as our bailee;

 

b) store the Products (at no cost to us) separately from all other goods of yours or any third party in such a way that they remain readily identifiable as our property;

 

c) maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and

 

d) hold the proceeds of the insurance referred to in condition 6.7 (d) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

 

6.8  You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, to recover them if not paid for when due.

 

7. How the contract is formed between us

7.1  For wine case orders the shopping pages will guide you through the steps you need to take to place an order with us. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

 

7.2  After you place an order via the website, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.

 

7.3  We will confirm our acceptance of your order made via the website by telephone or by email by sending you an email confirming that the Products are ready for dispatch (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

 

7.4  If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the site as referred to in clause 12.6, we will inform you of this by e-mail and will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

 

7.5  If your order cannot be processed because it would be outside the scope of our Terms of Use Policy, Sale and Purchase of Goods Terms & Conditions or Delivery Information, for example, where you request delivery outside of the United Kingdom, we will inform you of this by email and will not process your order. If you have already paid for the Product, we will refund you the full amount deducting any payment fees or other fees that we have been charged in processing your original payment and the refund.

 

8. The Company's right to vary these terms

8.1  We amend these Terms by time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

 

8.2  Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

 

8.3  We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

 

a) changes in relevant laws and regulatory requirements; and

 

b) changes in the terms of supply of goods enforced on us from our suppliers.

 

9. Your consumer right of return and refund

This clause 9 only applies if you are a consumer.

 

9.1  If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

9.2  However, this cancellation right does not apply to bottles of wine that you have openedor which are not intact or to wooden cases that are not intact or unopened.

 

9.3  Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract​ End of the cancellation period single Product (which is not delivered in instalments on separate days).​

The end date is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

 

Your Contract is for either of the following:

One Product which is delivered in instalments on separate days.

Multiple Products which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.

 

Your Contract is for the regular delivery of a Product over a set period.​

The end date is 14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

 

9.4  To cancel a Contract, you just need to let us know that you have decided to cancel. A link to a cancellation form will be included in the Dispatch Confirmation. If you use this method we will e-mail you to confirm that we have received your cancellation.

 

You can also write to us at Khoki United Limited. Please include details of your order including the reference number to help us to identify it. Your cancellation is effective from the date you send us the cancellation form or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail me before midnight on that day.

 

9.5  If you cancel your Contract we will:

 

a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;

 

b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product on a working day at one cost but you choose to have the Product delivered on a Saturday at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;

 

c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

 

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;

 

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

 

9.6  If you have returned the Products to us under this clause 9 because they are mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

 

9.7  I will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

 

9.8  If a Product has been delivered to you before you decide to cancel your Contract:

 

a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please contact us by telephoning customer services or by e-mail for details on how to return Products to us;

 

b) unless the Product is not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. We will either offer to collect the Product from you (usually where you live in one of the postcode areas eligible for our local delivery service), for which we will charge you the direct cost to us of collection. We charge 45 pence per mile from and to my registered office address but no more than £15 including VAT for collection; or we may ask you to use the carrier which delivered the Product to you, such costs shall not exceed the charges per case below:

 

Postcode Area​ Maximum Charge

All postcodes in England and Wales to which I normally deliver excluding those below​ £15 including VAT

EH, FK, G, KA1 to KA26, KA29, KA30, ML​£45 including VAT

DD, DG, KY, PA1 to PA19, PH, TD​£54 including VAT

9.9  Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

10. Delivery

10.1  For delivery of wine cases, we or the courier will contact you with an estimated delivery date, which will be within 10 working days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm acceptance of your order). Occasionally  delivery to you may be affected by an Event Outside Our Control. See clause 17 for our responsibilities when this happens.

 

10.2  If no one is available at your address to take delivery or your wine cases(s), the courier will leave you a note that the Products have been returned to the courier depot, in which case, please contact the courier to rearrange delivery. If you have difficulties in rearranging delivery please contact us.

 

10.3  Delivery of wine gifts is by Royal Mail’s postal services unless agreed otherwise. Where we agree to use a different postal service, any additional charges will be for your account.

 

10.4  Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.

 

10.5  You own the Products once I have received payment in full, including all applicable delivery charges.

 

10.6  This clause 10.6 only applies if you are a consumer

 

If we miss the 10 working day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

 

a) We have refused to deliver the Products;

 

b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

 

c) you told us before we accepted your order that delivery within the delivery deadline was essential.

 

10.7  If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

 

10.8  If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order I will refund any sums you have paid to us for the cancelled Products and their delivery.

 

10.9  Any dates specified by us for delivery of the Products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.

 

10.10  All Products should be examined at the time of delivery for breakages and or shortages and reported to us within 48 hours of delivery.

 

10.11 We may ask you to inform us of a safe place to leave the Products if you are not in to take delivery. However, please note that we cannot take responsibility or liability for any loss or damage to the Products left in that designated safe place.

 

11. Delivery Restrictions

11.1  Unfortunately, we do not currently deliver to addresses outside of England and Wales.

 

11.2  Delivery to some parts of the UK may incur additional delivery charges over and above the standard delivery charges. Please refer to my Delivery page for details.

 

12. Price of products and delivery charges

12.1  Subject to clause 12.3, the prices of the Products will be as quoted on the website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 12.6 for what happens if we discover an error in the price of Product(s) you ordered.

 

12.2  Prices for our Products may change from time to time, for example if duty and or VAT is increased.

 

12.3  The price of a Product includes duty and VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of duty and or VAT changes between the date of your order and the date of delivery, I will adjust the duty and or VAT you pay, unless you have already paid for the Products in full before the change in duty and or VAT takes effect.

 

12.4  Products may be available Under Bond, please contact me by telephoning customer services or by e-mailing us – for Under Bond prices.

 

12.5  The price of a Product may include delivery charges. Any delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery page.

 

12.6  The website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

 

a) where the Product’s correct price is less than the price stated on the site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

 

b) if the Product’s correct price is higher than the price stated on the site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

12.7  Payment of the price for the Products is to be made in full at the time of order on the website. For bespoke orders including wine gifts, payment must be made in full before dispatch from the warehouse.

 

13. How to pay

13.1  You can only pay for Products ordered on the website using a debit card or credit card. We accept the following cards: Amex, Mastercard Debit, Mastercard Credit, Visa Credit, Visa Debit, Visa Electron and Maestro.

 

13.2  Payment for Products ordered by telephone or by email including wine gifts can be by debit card or credit card (although an additional fee may apply) or by bank transfer with our express agreement.

 

13.3  Payment for the Products and all applicable delivery charges is made upon order.

 

14. Quality of the products

14.1  We do not accept liability for the condition of the wine in the bottle. Individual bottles can mature, deteriorate, improve and decline in taste at different times; we give guidance on when wines should be consumed in our tasting notes. If you believe the wine to be faulty however, please contact us to arrange a replacement or refund and keep the original for inspection.

 

15. Our liability if you are a business

This clause 15 only applies if you are a business customer.

 

15.1  We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

 

15.2  Nothing in these Terms limits or excludes our liability for:

 

a) death or personal injury caused by our negligence;

 

b) fraud or fraudulent misrepresentation;

 

c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

 

d) defective products under the Consumer Protection Act 1987.

 

15.3  Subject to clause 16.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

 

a) any loss of profits, sales, business, or revenue;

 

b) loss or corruption of data, information or software;

 

c) loss of business opportunity;

 

d) loss of anticipated savings;

 

e) loss of goodwill; or

 

f) any indirect or consequential loss.

 

15.4  Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

 

15.5  Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

16. Our liability if you are a consumer

This clause 16 only applies if you are a consumer.

 

16.1  Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

 

16.2  We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

16.3  We do not in any way exclude or limit our liability for:

 

a) death or personal injury caused by our negligence;

 

b) fraud or fraudulent misrepresentation;

 

c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

 

d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

 

e) defective products under the Consumer Protection Act 1987.

 

17. Events out of our control

17.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control or caused by a third party courier service used for delivery of the Products. An Event Outside Our Control is defined below in clause 17.2.

 

17.2  An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

17.3  If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

 

a) we will contact you as soon as reasonably possible to notify you; and

 

b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

17.4  You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and I will refund the price you have paid, including any delivery charges.

 

18. Communications between us

18.1  When we refer, in these Terms, to “in writing”, this will include e-mail

 

18.2  If you are a consumer you may contact us as described in clause 1.2.

 

18.3  If you are a business:

 

a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

 

b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or any next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

 

c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

19. Other important terms

19.1  We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

 

19.2  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 14 to the recipient of the gift without needing to ask for our consent.

 

19.3  This Contract is between you and the Company. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 14, but we and you will not need their consent to cancel or make any changes to these Terms.

 

19.4  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

19.5  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

19.6  If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through the site, by telephone or by email and any dispute or claim arising out of or in connection with it will be governed by English law. You and the Company both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

19.7  If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

19.8  If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

20. Terms & conditions for gift vouchers

This Clause applies specifically to the terms and conditions that apply to the sale, purchase and redemption of Gift Vouchers. Purchase of a Gift Voucher is deemed to be acceptance of these terms and conditions. Please see Clauses 1 to 19 of these Sale and Purchase of Goods Terms & Conditions for the terms and conditions applicable to the purchase of any other goods and services from us.

 

20.1  The recipient of all Gift Vouchers must be aged 18 or over.

 

20.2  Promotional vouchers cannot be used to purchase Gift Vouchers.

 

20.3  Gift Vouchers will be emailed to the person who has purchased them unless it is mutually agreed to send them to another email address. Please note however that I am unable to reissue a Gift Voucher in instances where an incorrect email address has been provided.

 

20.4  Gift Vouchers are valid for one year from the date of issue. Gift Vouchers that have not been used before the expiry date cannot be refunded.

 

20.5  Gift Vouchers should be treated as cash. I cannot accept any liability for lost, stolen or damaged Gift Vouchers nor can they be replaced. I cannot accept any liability if the Gift Voucher is redeemed without the recipient’s permission.

 

20.6  My Gift Vouchers can be used to purchase wines listed on my website, khokiunited.com. The code on the Gift Voucher must be entered on the checkout page for the Gift Voucher value to be applied to a purchase. The code can only be used once; if there is any difficulty using the code please email info@khokiunited.com and we’ll be happy to assist. If the purchase value exceeds the value of the Gift Voucher, the balance must be paid by cash, debit or credit card. If the purchase value is less than the face value of the Gift Voucher redeemed, we regret that no change can be given.

 

20.7  Gift Vouchers cannot be redeemed for cash or credit or another Gift Voucher or returned for a refund and they are not legal tender.

 

20.8  If any products purchased using a Gift Voucher are returned, any refund will be returned in the form of a Gift Voucher.

 

20.9  We reserve the right to cancel a Gift Voucher if we deem it necessary for example if the terms and conditions within this Clause have been breached. If we do cancel a Gift Voucher, we reserve the right not to provide a replacement Gift Voucher if we suspect fraud or money laundering.

 

20.10 We reserve the right to vary or replace the terms and conditions in this Clause 20 at any time.

UPS Terms and Conditions of Carriage
This is the current version as at the date of publication of this Guide. The latest version, which shall always be the applicable one for new shipments, may be found at www.ups.com or obtained from a UPS Office.
1. Introduction
A. These terms and conditions (“terms”) set out the basis on which UPS will transport packages, documents and envelopes (“packages”) and palletised goods (“pallets”; pallets and packages are together “shipments”).
These terms are supplemented by the current applicable UPS Service and Tariff Guides (“the Guide”). The Guide contains important details about the services of UPS which the shipper should read and which form part of the agreement between UPS and the shipper.
B. Depending on the country where the shipment is presented to UPS for carriage, the term “UPS” will mean and the shipper’s contract will be with whichever of the following companies is applicable. That company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
UK – UPS Limited; Eire – United Parcel Service of Ireland Limited; Denmark – UPS Denmark A/S; Finland – United Parcel Service Finland Oy; Norway – UPS of Norway, Inc.; Sweden – United Parcel Service Sweden AB, all of whom can be contacted c/o Avenue Ariane 5, 1200 Brussels, Belgium (although this shall not be taken in itself as conferring jurisdiction on any court).
C. Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage
by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as amended or supplemented by any protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.) Not withstanding any clause to the contrary, international carriage by road may be subject to the provisions of
the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
D. A shipment may be carried via any intermediate stopping places that UPS deems appropriate. UPS may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and sub- contractors each of whom shall have the benefit of these terms.
E. In these terms, “Waybill” shall mean a single UPS waybill/consignment note or the entries recorded against the same date, address and service level on a collection record. All packages or pallets covered under a Waybill shall be considered a single shipment.
2. Scope of Service
Unless any special services are agreed, and subject to these terms, the service to be provided by UPS is limited to the collection, transportation, customs clearance where applicable, and delivery of the shipment.
The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that UPS may not monitor the inbound and outbound movement of individual shipments at all handling centres.
UPS is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.

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3. Conditions of Carriage
This section sets out various restrictions and conditions which apply to the carriage of shipments by UPS. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
3.1 Service Restrictions and Conditions
Shipments must comply with the restrictions in paragraphs (i) to (iv) below.
(i) Packages must not weigh more than 31.5 kilograms (or 70 lbs) or 70 kilograms (or 150 lbs) (depending on the country where the shipment is presented to UPS for carriage and the country of destination, as specified in the Guides) or exceed 274 centimetres in length or a total of 400 centimetres in length and girth combined.
(ii) The value of any package may not exceed the local currency equivalent of USD 50,000. In addition the value of any jewellery or watches, other than costume jewellery or costume watches, in a package shall not exceed the local currency equivalent of USD 500 unless such a shipment is tendered from eligible origins to eligible destinations, with applicable services, set forth at ups.com/jewelry. The value of any pallet may not exceed the local currency equivalent of USD 100,000.
(iii) Packages must not contain any of the prohibited articles listed in the Guides including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
(iv) Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by UPS, or the carriage, export or import of which is prohibited by applicable law.
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for
transportation and to comply with the requirements of the Guides and applicable law. Unless a different
service level is clearly selected on the Waybill or other applicable UPS shipping documentation, shipments will be carried under the Express service (where available to the selected destination) and all applicable charges will be calculated accordingly.
The shipper guarantees that all packages presented for carriage under these terms comply with the restrictions in paragraphs (i) to (iv) above and have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the shipment to UPS and have been protected against unauthorised interference during their preparation,
storage and transportation to UPS. UPS relies on this guarantee in accepting any package for carriage hereunder. Any other packages are excluded from carriage.
3.2 Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. UPS does not provide special handling for such shipments.
3.3 Refusal and Suspension of Carriage

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(i) If it comes to the attention of UPS that any shipment does not meet any of the above restrictions or conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8, UPS may refuse to transport the relevant shipment (or any relevant part thereof) and, if carriage is in progress, UPS may suspend carriage and hold the shipment (or any relevant part thereof) to the shipper’s order.
(ii) UPS may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the shipment or on the Waybill or if it cannot collect amounts due from the receiver on delivery.
(iii) Where UPS is entitled to suspend carriage of a shipment (or any relevant part thereof), it is also entitled to return it to the shipper at its own discretion.
3.4 The shipper must pay and indemnify UPS for any reasonable costs and expenses (including storage), incurred by UPS, any losses, taxes and customs duties UPS may incur and all claims made against UPS because (i) a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1
above, (ii) of any refusal or suspension of carriage or return of a shipment (or part thereof) by UPS which is allowed by this paragraph 3, or (iii) of a failure by the shipper to comply with these terms. In the case of the return of a shipment (or part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of UPS.
3.5 If the shipper tenders to UPS a shipment which fails to comply with any of the restrictions or conditions in paragraph 3.1 above without UPS’s express written consent, UPS will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by UPS of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and not withstanding any negligence on the part of UPS or its employees, contractors or representatives) and, if UPS does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid.
UPS may bring a claim in respect of such non-compliance.
3.6 If, having suspended carriage of a shipment (or any relevant part thereof) in accordance with these provisions, UPS is unable within a reasonable time to obtain the shipper’s instructions on its disposition or to identify the shipper or any other person entitled to the goods (having if necessary opened the shipment), UPS shall be entitled to destroy or sell the shipment (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest)
outstanding in respect of the shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.
3.7 Unless prohibited by law, UPS reserves the right, but is not obliged, to open and inspect, or scan by means of X-ray, any shipment tendered to it for transportation at any time.
4. Customs Clearance
When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the receiver will provide, UPS with complete and accurate documentation for the purpose but UPS will, unless instructed otherwise, act on behalf, at the expense and at the risk of the shipper or receiver in obtaining customs clearance. Provided that, in the case of shipments whose points of dispatch and destination are both within the same customs area, UPS only performs customs clearance if instructed to do so. The shipper also agrees that UPS may be considered as being the receiver of the package or the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance insofar as is allowed by law.
5. Payment

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5.1 The rates for carriage and other services are set out in the Guide and, unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with UPS. UPS may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.
5.2 If (a) UPS is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party,
(b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by UPS due to any circumstances, including any failure by the shipper or the receiver to provide correct information and documentation or any permits or licences required in connection with carriage, the shipper shall be jointly and severally liable to UPS with the receiver and such third parties for such amounts.
In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or any third party, UPS will (without prejudice to the shipper’s contractual liability for payment), first demand payment of the relevant amount from the receiver and/or the third party. If the amount in question is not immediately paid to UPS in full by any of the above parties, the amount will be payable by the shipper on first written demand. In any other cases, the shipper hereby undertakes to pay the mentioned amounts to UPS at first request. UPS shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.
5.3 Any sum payable to UPS which is overdue will bear interest at the rate specified on the invoice from the due date to the date UPS receives payment whether before or after judgment. In addition, UPS reserves the right to charge a late payment administration fee up to a maximum of GBP 40 (EUR 40 in Eire and Finland, DKK 100 in Denmark, NOK 35 in Norway and SEK 50 in Sweden) per invoice.
5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, UPS may hold any shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain
payable.
5.5 UPS’s rates for carriage set out in the Guide are calculated only for the carriage of shipments which do not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower). In the event that UPS becomes aware that it has carried a shipment which, without UPS’s express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess of the relevant amount set out in paragraph 3.1(ii) is applicable.
6. Interruption of Service
If UPS is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, UPS will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond UPS’s control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil
disturbance, acts of government or other authorities (including, without limitation, customs), labour disputes or obligations affecting UPS or some other party, delays in customs clearance and/or delays or other issues arising out of or otherwise related to the UK ceasing to be a member of the EU.
7. Money Back Guarantee
For certain services and destinations, UPS offers a money back guarantee on the shipping charges. Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in the Guide and on the UPS website (www.ups.com), each as current at the time the goods are accepted for carriage, and can also be confirmed by contacting the
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8. Collect on Delivery (COD)
For certain destinations and services as advised by the local UPS call centre, UPS offers a COD service on payment of an additional charge as set out in the Guide. If the shipper makes use of this service, subject to the provisions set out below (including those relating to currency conversion) UPS will collect on behalf of the shipper the COD amount stated on the Waybill. This service is not available for pallets. COD amounts must be specified on the Waybill in either EUR or, if different, the currency of the country of destination. Where any of the COD amounts specified on the Waybill, collected from the receiver and/or paid
to the shipper are in different currencies from each other, the conversion(s) will be made at such exchange rate(s) as UPS may reasonably determine.
UPS does not accept responsibility for any currency exchange risks.
8.1 Cash COD – Where UPS is instructed on the Waybill in accordance with applicable UPS guidelines to accept cash only, UPS will collect only cash, in the currency of the country of destination. Where cash is collected, the maximum amount collectible in that form on behalf of a shipper shall be the local currency equivalent of USD 5,000 per receiver per day. Notwithstanding the previous rule, the amount collectible in
cash on behalf of a shipper from receivers located in the following countries for COD shipments may not exceed the respective amounts per receiver per day: Austria: EUR 3,500; Belgium: EUR 3,000; Denmark: DKK 20,000; Germany: EUR 3,500; Spain: EUR 1,000; Greece: EUR 499; Portugal: EUR 1,000; Italy: EUR 2,000; France: EUR 1,000; Romania: RON 10,000 for individuals, RON 5,000 for legal entities; Sweden: SEK 3,000, Switzerland: CHF 3,500; Poland: 15,000 PLN. If the shipper specifies a COD amount that exceeds these limits, UPS will automatically be entitled to accept cheques for the whole or any part of that amount.
Further limitations may apply in certain countries from time to time; details of such limitations will be set out either in the Guides or at the UPS Website (www.ups.com).
If the shipper specifies a COD amount that exceeds these limits, UPS will automatically be entitled to accept cheques for the whole or any part of that amount.
8.2 Cheque COD – If the Waybill does not clearly (and in accordance with applicable UPS guidelines) instruct
UPS to accept only cash, UPS may accept payment either in cash (subject to the restrictions in paragraph
8.1) or by any kind of cheque made out to the shipper that is recognised in the country of destination of the shipment. Where UPS accepts cheques the maximum amount collectible in any form shall not exceed the equivalent of USD 50,000 per package (or other applicable value, if lower). Where UPS is permitted to accept a cheque, it may collect a cheque denominated in either EUR or, if different, the local currency of the country of destination.
8.3 Payment of Collected COD Amounts – Where UPS collects cash, UPS will pay to the shipper an equivalent amount in the local currency of the country where the shipment was presented to UPS for transportation. UPS may make such payments of COD amounts by either wire transfer to any bank account notified to UPS by the shipper or issuing a cheque in favour of the shipper.
Any cheques in favour of the shipper, issued either by UPS as set out above or by the receiver and collected by UPS pursuant to paragraph 8.2, may either be forwarded to the shipper by regular mail at the shipper’s risk or handed over to the shipper or to any other person appearing to have authority to accept the cheque on the shipper’s behalf.
8.4 In the event of non-receipt by the shipper of COD amounts, the shipper must notify UPS in writing within 45 days of the date of delivery of the shipment concerned.

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8.5 The shipper will indemnify UPS for all losses, expenses, and any claims made against UPS by the receiver or a third party, arising where UPS does not deliver a shipment because the receiver does not pay the COD amount in the appropriate form or refuses to accept the shipment.
8.6 The liability of UPS in respect of the amount to be collected shall not exceed either the applicable maximum amount collectible under these terms or the COD amount indicated on the Waybill, whichever is the lesser. Further, the COD amount shall not in any event exceed the value of the goods at their destination
plus applicable carriage charges. For the avoidance of doubt, a COD amount does not constitute declaration of a value for the purpose of paragraph 9.4 or otherwise and therefore shall not affect the liability of UPS for any loss, damage or delay to the goods themselves.
UPS does not accept any responsibility for any dishonest or fraudulent acts on behalf of the receiver including, but not limited to, presenting a fraudulent cheque or one which is later dishonoured, or for cheques incorrectly completed by the receiver. If the receiver pays by credit or debit card and subsequently voids or cancels the transaction, UPS is not responsible for disputing this with the receiver or the bank and the shipper will reimburse the amount to UPS.
9. Liability
9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of UPS is governed by and will be limited according to the applicable rules.
9.2 Where Convention Rules or other mandatory national laws do not apply, UPS will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages not exceeding the greater of either:
(a) GBP 60 per shipment in the case of goods presented in the UK to UPS for carriage (EUR 85 in Eire and Finland, DKK 635 in Denmark, NOK 655 in Norway, SEK 785 in Sweden); or
(b) 8.33 Special Drawing Rights (“SDRs”) per kilo of the goods affected, unless a higher value has been declared by the shipper under paragraph 9.4 below. An SDR is a unit of account adopted by the
International Monetary Fund and its current value is regularly published in major financial newspapers. As at the date of publication of these terms 8.33 SDRs was equal to approximately GBP 9.
9.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a package or pallet, any liability UPS may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
9.4 Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit of a greater limit of liability
than UPS provides under paragraph 9.2 above or than may be provided by Convention Rules or other mandatory national law. The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated in the Guide. If the shipper declares a higher value for carriage and pays the applicable charge, then UPS’s liability shall be limited to proven damages not exceeding the sum so declared.
The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1(ii) and the Guide.
9.5 UPS shall not be liable to any party for any actual or alleged: indirect or consequential damage or loss arising from breach of contract, tort or otherwise; or any loss of profits, anticipated profits, anticipated savings, loss of goodwill or loss of business or opportunity, whether such losses are direct or indirect.
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10. Delivery
UPS may deliver a shipment to the receiver or to any other person appearing to have authority to accept
delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available the package may be left in the receiver’s letterbox (if suitable), delivered to the neighbour, unless the shipper has excluded such delivery options by using the applicable additional service.
The receiver shall be informed of any alternate delivery arrangements (or redirection to a UPS Access Point®) by note left at their premises.
Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, UPS may apply any alternative delivery methods chosen by the receiver in accordance with the UPS My Choice® Service Terms or any other agreement between UPS and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a UPS Access Point),
authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against UPS arising from UPS following any such instructions provided by the receiver.
UPS may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to UPS relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
Save where Convention Rules or other mandatory national laws require otherwise, UPS accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a shipment to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.
11. Data Protection
11.1 UPS has the right to process data provided by the shipper or receiver in connection with carriage by UPS, to transfer such data to other group companies and contractors of UPS, including in other countries which may not have the same level of data protection as the country where the shipment is presented to UPS, and to have it processed there if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services. The shipper warrants that it (i) has obtained personal data the shipper provided to UPS for the shipment lawfully, (ii) is authorized to provide
such data to UPS, including if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services, and (iii) has obtained informed and specific consent from such receiver that UPS may send e-mail and other notifications related to the agreed shipment services to the receiver. UPS uses the shipper’s personal data provided by the shipper in accordance with the UPS Privacy Notice published on UPS’s website at https://www.ups.com/gb/en/support/shipping-support/legal-terms-conditions/privacy-notice.page – Sweden: https://www.ups.com/se/en/support/shipping-support/legal-terms-conditions/privacy-notice.page - Norway: https://www.ups.com/no/en/support/shipping-support/legal-terms-conditions/privacy-notice.page - Denmark: https://www.ups.com/dk/en/support/shipping-support/legal-terms-conditions/privacy-notice.page - Finland: https://www.ups.com/fi/en/support/shipping-support/legal-
terms-conditions/privacy-notice.page
11.2 Furthermore, the shipper warrants that he has duly informed the receiver that UPS may use the receiver’s personal data in accordance with the above linked UPS Privacy Notice in effect at the time of shipping with regard to uses other than those specified in subsection 11.1 above.
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12. Claims Procedure – Prescription
All claims against UPS must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment), in the case of loss within 60 days of the goods being consigned with UPS for carriage. In addition, all claims against UPS in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to UPS within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.
13. Entire Agreement & Severability
It is the intention of UPS that all the terms of the contract between it and the shipper are contained in this document and in the Guide. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of UPS before the shipment is accepted for carriage by UPS. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
14. Governing Law
These terms shall be governed by the laws of the country where the shipment is presented to UPS for carriage.