Terms & CONDITIONS

 

As a user of our website, and when making a purchase from Gaia Brands, you acknowledge that you do so under these terms and conditions. We hope you will agree that they are designed to be fair to you and to us. We may update this page from time to time.

We do our best to ensure all of our terms and conditions are fair and reasonable. If you have a complaint about your order or our service we ask you do so politely. Rude, abrasive and abusive complainants will be asked to shop elsewhere. Thank you.

1.    General

a.    Warranties: We warrant that GO Kombucha will be of satisfactory quality and fit for general purpose.

b.    Order acceptance and the completion of the contract between you and us will take place on the despatch of the products ordered, unless we have notified you that we do not accept your order or you have cancelled your order. Title will pass on delivery of the products, provided that we have processed and received payment in full for the products.

c.    Relevant United Kingdom law will apply to these terms and conditions and the relevant courts of the U.K. will have exclusive jurisdiction. Here are our details should you want to contact us: Gaia Brands Ltd, 5 Whitegate Gardens, Harrow-Weald, Middlesex HA3 6BW / Email: info@gokombucha.co.uk

d.    Availability – GO Kombucha is a handcrafted small batch product and runs out from time to time. If you order a case of GO Kombucha and some of the products are out of stock we will always contact you to inform you of the delay (normally no more than 2-3 working days) and to ask if you would like us to replace them with equal value lines. We promise that we will never replace any bottles without asking, and immediately refund you in full and on request if we are unable to satisfy your order requirement.

e.    Customer satisfaction - If you are dissatisfied with our performance in any way, please email us at info@gokombucha.co.uk. We cannot accept phone calls at the moment due to ongoing cold caller harassment.

At Gaia Brands, we aim to deal with all enquiries fairly, confidentially and quickly. We will acknowledge your contact within 24 hours. We try to resolve most issues immediately, but where this is not possible, we will keep you informed about progress until a satisfactory resolution has been achieved.

We are continually improving our service. If you have any particular ideas or suggestions about how we can improve, please send email: info@gokombucha.co.uk

2.    Prices and payment

a.    All prices are quoted in pounds sterling and may be per product or per case, as marked. The prices include Value Added Tax where applicable, unless otherwise specified (note: plain tea undergoing a process of fermentation is VAT zero-rated while GO Kombucha Ginger Sencha is VAT-rated at 20 per cent, but this is built into the price so you pay exactly the same price for all 250ml teas)

b.    We accept online payment by Visa and MasterCard, and credit card hotline orders by Visa and Mastercard. In certain circumstances we can receive payment by BACS bank transfer. We ceased PayPal transactions from 2 November 2022.

c.    Where you enter into an agreement to be supplied with a regular delivery of GO Kombucha or to make regular payments to your account you agree to us holding your payment details and charging your registered payment method as agreed. You also agree to us requesting updated details from your payment provider should the details of your payment method change and to charge the updated payment method in the same way as the original payment method. We reserve the right to take payment from another registered payment card if we fail to take payment from your default payment card or your default payment method has expired. This in no way restricts your rights to cancel.

d.    We reserve the right to terminate any special offer at any time, without notice.

e. Subscribing requires a 3-month commitment, after which you are free to cancel at any time. If you cancel within the first 3 months you will be charged for the amount saved plus a £10 admin fee. Subscriptions cannot be paused; they can only be cancelled but note you may lose the cheaper rate at which you subscribed if you choose to resubscribe in future. You manage your account, not us, and you do this by logging into this site and following the relevant instructions.

3.    Delivery and returns

a.    We deliver GO Kombucha to anywhere within the UK mainland for a set minimum price of £5.95 plus VAT for goods totalling below £45, excluding Scottish Highlands and AB10-56 postcodes to where we ask that you place orders of at least £80 at the checkout to enable us to absorb the £15 surcharge we are charged for the specialised “by hand” transportation of glass bottles from our brewery in Hastings. Failing this we will email you and request separate payment of the £15 surcharge. For Scots offshore and Isle of White the minimum order charge is £110 or a £25 surcharge.

b.    Delivery timescales:

i.         Standard delivery is generally a next working day service for all orders placed before 10am and to any address in the UK, but during busy periods and warmer weather this will change and we will notify you of these changes on the main shop page. Please check our shop pages to see how long your order is likely to take to arrive. This year alone we have had to factor in higher demand, driver shortages, the ‘pingdemic’ and now fuel shortages, which all impact on delivery times.

ii.         Please note that next day delivery is not guaranteed, nor at busy times such as November up until Christmas, unforeseen circumstances beyond our control or due to staff illness. If your order is delayed by more than two working days we will endeavour to let you know, but feel free to email sales@gokombucha.co.uk at any time for a status update (our specialist carrier is a small company not equipped to send texts advising you of progress)

iii.         Typically, next working day orders placed after 9am on Thursday that miss that day’s collection will typically be delivered the following Monday (except during circumstances outlined above)

iv.         Typically, orders placed before 10am on Monday will typically be delivered on Tuesday (except during circumstances outlined above)

v.         If you order 2 or more cases, they may not be delivered at the same time but the delivery charge is the same.

vi.         Named day delivery service - you are able to select any day for delivery except next working day at the same price as standard next working day delivery by requesting a certain date in the ordering notes section or emailing sales@gokombucha.co.uk after placing your order.

vii.         Saturday delivery is subject to an additional £20 fee on request.

viii. Our courier delivers Monday to Friday, between 8am and 6pm. During the festive period our couriers may deliver up to 8pm up to Christmas Eve.

ix. In the event you are not in and you have not specified a safe, enclosed space for your order to be left, or with an adjacent neighbour, your item will be returned to our carrier’s warehouse and an attempt will be made to deliver the following working day or working day after. If not in on the second attempt a card will be left and/or we will contact you to request another delivery payment. Please only order if at home to receive it or there is somewhere safe for it to be left. We do not take responsibility if there is no way of delivering your order, in which event it will be returned to us and we will only refund for bottles in resellable condition. The more our products are to-and-fro’ed for delivery the more likely they are to become damaged or spoiled.

x. Do not accept an order that is clearly damaged and we will immedately send a replacement. If you do sign for an order that turns out to be damaged then we will compensate you for any damaged bottles and more to cover your inconvenience with credit towards your next order (see ‘Damages and breakages’ below)

c.    Delivery timescale exceptions for Highlands:

i.         Please allow up to 72 hours for delivery to: AB37-38 AB42-45 AB53-56 IV21-28 IV40 IV52-54 PA34-40 PH30-41 PH49-50 KW1-14 PA80 (up to 5 working days for Scots Isles and Isle of Wight)

ii.         We shall not be liable for any delay in delivering to you if that delay or failure is caused by circumstances beyond our control such as driver shortages, fuel shortages, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.

d.    "Spend £45 and get Free Delivery":

i.         Customers qualify for Free Delivery when spending over £45 on goods (i.e. excluding the delivery fee itself) in a single transaction to a single address anywhere within the UK mainland and is based on our Standard Delivery option, exclusing Scottish Highland and AB10-56 postcode who are required to order minimum order totals of £80 and £110 respectively or pay surcharges of £15/25.

e.    Damages and breakages:

i.         In the unfortunate event that any of the products in your order are damaged, please let us know within 7 days.

ii.         Where the order is one or two single product items with minimal leakage (i.e. still above the bottle neck) we won’t refund or compensate as that is a common occurence when transporting a live fermented product, particularly during summer months, because the loss is minimal, comes at no cost to the quality of the remaining tea, and we sell to a discerning clientele who we would expect to know the basic nature of a live product and accept the occasional leakage without resort to complaint and compensation. Where the loss is below bottle neck in one or more bottles email a photo to sales@gokombucha.co.uk showing the unopened cap(s) with part-broken seals and reduced tea level and we will offer to refund the cost of the bottle(s) or provide a credit note of a greater value towards your next order.

iii.         The affected bottles are yours to choose whether to consume (they are safe so long as caps remain at least partially intact) or dispose of. We won’t refund unaffected bottles in the same case even though the case may have arrived damp, or in such an event where a customer insists on/demands a refund or compensation beyond what we reasonably set out in these terms and conditions and the storage conditions clearly detailed on our web site and/or criticises our product and/or our methods unfairly - i.e. comparing it to a processed ‘kombucha’ variant that has been filtered or pasteurised for shelf stability - to justify such a claim/demand. In such an event we will politely uphold our right to cease dealing with/accepting orders from such customers.

f.     Incorrect products:

i.         In the event that any of the products in your order are incorrect, please let us know within 7 days of receipt and we will offer to either send the correct replacement with your next order or offer you additional credit towards your next order or refund the incorrect product(s). The incorrect bottles are yours to enjoy.

g.    Cancellations:

i.         You may cancel your order for any reason: if cancelled prior to order being dispatched then you are liable for processing and packing fees incurred plus our £5 admin fee; if already dispatched then up to 7 working days from the day after the date you receive your kombucha provided all of the products are unopened, intact, and are returned to us in good condition for a full refund less the combined return delivery (if you request that we arrange collection) and admin fee of £15 to cover our losses incurred in delivering your order in good faith to your address, bank fees incurred and our time/admin fee, the balance of which will be paid by us on return of cancelled order pending condition of returned bottles. Please note, this fee increases if more than one parcel is returned due to the higher delivery fee incurred by us, and if returned items are damaged then the cost per damaged item will also be deducted from the refund.

ii.         In order to cancel your order prior to dispatch, you should notify us by email at sales@gokombucha.co.uk on the same day as ordering.

iii.         It is your responsibility to hold onto the order and take reasonable care of it until our courier collects. Once the case is received back at our depot we shall reimburse the price of the returns subject to them being received in merchantable condition within 5 working days less collection and admin fee.

iv.         Any products collected by our carrier must be in their original box to avoid further breakages, where possible. If the packaging has become damaged or weakened the courier will not accept the package.

v.         Once the kombucha has been delivered, in accordance with any specified delivery instructions it becomes the recipient's responsibility to store the bottles in line with our storage guidance. We cannot be held responsible for any bottles that break their seals and/or leak their contents once in your receipt due to incorrect storage unless there is a specific batch issue/problem, in which event you would be notified by email.

vi.         Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or inaccurately described goods. Further information about your rights is available from your Local Authority Trading Standards Department or Citizen's Advice Bureau. If you have any queries regarding delivery please email us at info@gokombucha.co.uk

h.    Third-party sellers:

If you buy GO Kombucha from an unauthorised third-party reseller, such as on the Amazon platform where you are not buying from GO Kombucha Direct or from any online whole food retailer, any dispute you may have over damaged items is entirely between yourself and the reseller. We cannot be held responsible for items that are not dispatched from our own fulfilment facilities arriving in poor condition or in a damaged state.

GO Kombucha is a live product that requires special storage conditions and stringent packing procedures that unauthorised third-party sellers may not be familiar with. Please take up any complaint you may have directly with the seller. We send out all orders via our web site with storage details which also appear on all ordering pages.

i) Delivery instructions:

Please leave alternative delivery instructions for the driver in case no one is in to receive your order in the details box at the checkout (i.e. leave in a safe place, with a neighbour, etc.) If living in a block of flats please specify which day someone will be in between 9-5pm to receive. If your flat is above ground level and accessible by lift only and no one is in then attempt at delivery will be made once and parcel left outside the door if no one is in. We will not be liable for loss in such an event so please do not order if these options are not suitable for you. Please also leave direction instructions if your address is difficult or complicated to access.

• GO Kombucha

a.    GO Kombucha has a Best Before date stated on the label. This aids stock rotation and the product remains fresh in the bottle until opening if stored properly for up to a year.

b.    Authentic kombucha does not suddenly ‘go off’ once the expiry date has passed. You will still have an enjoyable kombucha experience for at least one year after the Best Before date, and so long as stored properly your kombucha will mature and become more tart with age.

• Data Protection: For information about our Cookies Policy and Privacy Policy - click here.

• Security

a.    If you are nervous about shopping on the web, don't be. We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.

b.    It is your responsibility to protect your password from being disclosed to any third party.

• Limitation of Liability

a.    Nothing in these Terms and Conditions shall exclude Gaia Brands Ltd’s liability for personal injury or death caused by its negligence.

b.    We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

i.         loss or damage was not foreseeable to both parties when the contract was formed;

ii.         loss or damage was not caused by any breach on the part of the supplier;

iii.         loss or damage relates to business and/or non-consumers.

c.    We will not be liable for loss or damage caused by the customer’s incorrect handling and storage of our products; such as spillages, breakages or cap issues thast occur during the customer’s care.

d.    Customers should also be aware of the following inherent risks and warnings:

i.         Authentic kombucha is highly potent and should be consumed in moderation. We suggest no more than 500ml a day after a five-day starting course of 150ml a day (equivalent to a 750ml bottle).

ii.         A case of kombucha is heavy so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time (the weight of a 250ml 12-pack is 5.5kg, a 750ml 6-pack is 7kg and a 750ml 12-pack is 14.4kg).

iii.         Authentic kombucha can be volatile due to the build-up of CO2 in certain circumstances such as shaking, dropping, rough handling or exposing bottles to natural light or heat sources such as radiators. In such scenarios extra care should be taken when opening by burping each bottle.

iv.         As with all live fermented foods and fruit juices, if stored incorrectly (i.e. above 17C for more than a few days) the alcohol level can rise above 1.2%, and any such kombucha you drink should be factored into all alcohol consumed prior to driving or performing tasks requiring skill and precision. We recommend GO Kombucha not be drunk in any event by pregnant women, infants, those sensitive to even trace amounts of alcohol and those who avoid alcohol on religious grounds.

v. If you buy GO Kombucha from any unauthorised third-party online reseller, such as on Amazon (excluding GO Kombucha Direct), any dispute you may have over damaged items is entirely between yourself and the seller. We are not liable or responsible for items that are not dispatched from our own fulfilment facilities arriving in poor condition or in a damaged state due to poor packing/packaging. As a live product real kombucha requires storage conditions and stringent packing procedures that third-party sellers - who are not authorised to sell GO Kombucha - may not be familiar with. Please take up any complaint you may have with the seller. We can only be held liable for unforeseen batch-related issues.

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