Terms and conditions

Introductory resolutions

Welcome to the kavaha.store website. We invite you to purchase kava and other accessories necessary to prepare a drink (“Products”). You will also find other free functionalities. We provide all services only electronically (“Services”).

These Regulations (“Regulations”) constitute a legally binding contract (“Agreement”) defining your rights and obligations as a customer of an online store run in the kavaha.store domain by KAVAHA LLC 1207 Delaware Ave #696 Wilmington, DE 19806 registered in the Register of Entrepreneurs of the National Court Register under the number 0000868976 (“Kavaha”).

Before making a purchase, please read this document as well as our Privacy Policy, which governs the collection and use of personal data. Your data and some information about you is governed by our Privacy Policy. By using our services, you consent to the processing of this information.

Use of kavaha.store

1. Client

The Products offered by Kavaha are intended solely for, and available only to persons who are at least eighteen (18) years of age and who may voluntarily and knowingly enter into legally binding contract in accordance with applicable law (the “Customer”). You may also order Products on behalf of a company, i.e. a legal entity or unincorporated organizational unit (“Company”). In this case, you declare that you are authorized to bind the Company by these Regulations. If you represent that you are authorized to act for and on behalf of the Company, but in fact do not, you will be individually responsible for all actions taken under Kavaha.

2. Technical matters

In order to use Kavaha, it is necessary to have a computer or other device with Internet access and software for browsing and using websites, as well as access to properly configured e-mail, the address of which was provided during registration or when making a purchase offer. 

3. Acceptance of the Regulations

The condition for accessing and using Kavaha is agreeing to the provisions of these Regulations and the Privacy Policy. By ordering Products, you confirm and agree to be bound by all the terms of these Regulations and the Privacy Policy. If you do not accept these Terms or do not agree with our Privacy Policy, you may not purchase our Products or access other Services. As our client, you are obliged to comply with the provisions of the Regulations. If you breach any provision of these Terms and Conditions, we may, at our sole discretion, suspend or stop providing Services to you.

4. Changes to the Regulations

Both the Regulations and the Privacy Policy may be changed, e.g. for important technical, legal or organizational reasons. The amendment to the Regulations becomes effective on the indicated date, not shorter than 7 days from the moment the amended Regulations are made available on the kavaha.store website. The existing provisions shall apply to transactions made before the amendments to the Regulations enter into force. We will make every effort to notify you by e-mail or in any other available way in the event of significant changes, e.g. by notification on kavaha.store. Your continued use of our Services following such changes will signify that you acknowledge the changes and agree to be bound by the terms of such changes.

5. Electronic communication

We provide our Services only by electronic means. Therefore, by using Kavaha, you consent to receive communications from us electronically. You also agree that the contracts and other messages that we provide to you electronically meet all legal requirements for our communications to be considered identical to the written form. We will communicate with you in a variety of ways, including, but not limited to, via email or by posting notifications and messages on kavaha.store.

6. Health information

The products available on kavaha.store are not intended to cure, alleviate or prevent any medical conditions or diseases in human and animals. The information provided on kavaha.store is for educational purposes only and is not intended as a substitute for informed medical advice or care. If you are pregnant, breastfeeding, taking medication or have a medical condition, we suggest you consult a physician before using the Products.

Customer statements

By using Kavaha, you represent and agree that:

– you are at least eighteen (18) years of age and able to enter into a legally binding contract,
– the information you provide in connection with the registration process is true, accurate and up-to-date and that you will maintain and update it continuously and promptly,
– you will not post defamatory content about Kavaha or create false or misleading reviews or posts,
– you are solely responsible for all activities that take place on your account as well as for the security of your Account access data (password and username),
– you will not transfer your account rights to any other person or entity,
– you will keep all Protected Information strictly confidential,
– you are solely responsible for protecting access to your Account so that other people cannot access any password-protected part,
– you will promptly notify Us of any unauthorized use of your Secure Information or any other breach of security,
– you will not provide or permit any third party to use your Account on your behalf,
– you will not create more than one Account,
– you will not use other people’s Protected Information,
– you will not take any actions that interfere with the content of kavaha.store,
– you will not interfere with or interfere with any processes, servers or networks that support kavaha.store,
– you will not use any automated or similar means to access kavaha.store resources,
– you will not bypass our security measures or technical measures, interfere with features or tools, or place an unreasonable or disproportionately heavy load on Kavaha’s infrastructure,
– you will not copy any content or Kavaha applications or tools,
– you will not assist any third party in any of the above proceedings,
– your Account may not be used for commercial activities,
– when acting on behalf of the Company, you will be authorized to act on its behalf.

4. As our Client, you understand that Kavaha may, without prior notice, immediately suspend or close your Account. Reasons for account suspension or termination include, but are not limited to:

– breach of the Regulations,
– any attempt to breach the security of kavaha.store, Accounts or protected content,
– unforeseen technical, electronic, mechanical or other difficulties or security issues,
– failure to pay any fees due from you in connection with the delivered Products.

Please note that Kavaha is not responsible for the use of your Account by a person who fraudulently used your login and password without your consent.

Ordering Products

The information contained on kavaha.store is an invitation to submit your offer to conclude a Sales Agreement at the price indicated next to each of the Products (these are gross prices, and therefore including VAT).

1. Placing an order

You can place an order in several ways:

a. via Kavaha.store:

– by registering and creating an Account – after logging in
or
– without registration by sending us an e-mail to contact@kavaha.eu.

If you want to speed up the order process and its implementation, as well as the current information about the status of the order or purchase history on kavaha.store, we recommend that you register and create an individual account (“Account”). We accept orders every day 24 hours a day. The products you want to order are added to the basket. Then you indicate the delivery address along with the e-mail address and telephone number or log in to your Account, where all this information was indicated during registration.

It is also necessary to choose:

– type of delivery – the cost of delivery is determined individually for each order and depends on the weight of the ordered Products; the price displayed in the basket summary before placing the order includes the cost of delivery in accordance with the option selected by you,
– payment methods.

If you do not have an Account, you will also be asked to:

– confirm you have read and accept the content of the Regulations unless you have an Account and previously accepted the content of the Regulations,
– express other consents to receive information related to the course of the transaction to the e-mail address provided by you.

You will finish the ordering process by clicking the “Placing an order” button.

2. Order fulfilment

We will start processing your order after the conclusion of the contract for the sale of Products, which will take place after:

– order confirmation,
and
– timely payment of the order in full.

We make every effort to ensure that the Products are shipped to you in the shortest possible time. In some cases, we reserve the right to suspend or refuse an order, in particular in the event of:

– any doubts as to the truthfulness or reliability of the data provided by you,
– if the Product covered by the order is not currently available – in such a situation you can cancel the order completely or have the available part of the order processed
– the delivery address is not included in the Service Area,
– indication as a delivery address of a European Union member state other than Poland without simultaneously submitting a declaration of acceptance of that country in the possession and use of Products,

Regardless of the reason for the suspension or refusal of the order, we will contact you immediately for clarification.

3. Payment

The processing of payments related to the Products purchased on kavaha.store is performed by a payment intermediary, i.e. the PayU website, operated by PayU S.A. The payment deadline is limited and amounts to 5 business days from the date of order confirmation. After this time, your payment link will expire. As mentioned above, we will consider the contract for the sale of the ordered Products concluded upon timely payment in full. Failure to pay for the ordered Products will be treated as order cancellation.

4. Delivery

Kavaha operates in accordance with the law in force in Poland. By agreeing to the provisions of these Terms and Conditions, you acknowledge that the possession, use or transportation of the Products may be illegal in your country of residence or the country where you are located. Due to the above, we accept orders from selected locations. (“Service Area”). We reserve the right to change the Service Area at any time.

As our customer, you assume responsibility for determining whether the Products may be owned and used by you in the place specified by you in the order as the delivery address (“Delivery address”). This includes, in particular, the form of the Product you intend to purchase.

Kavaha is not responsible for non-delivery of ordered Products in the event of:

– providing an incorrect or incomplete delivery address that prevents delivery,
– the parcel is stopped by the authorities of the country in which the delivery address indicated by you is located – due to the inability to have or use the ordered Product resulting from the legal provisions in force in that country.

By specifying a European Union Member State other than Poland as the Delivery Address, you represent and warrant that:

– to the best of your knowledge, the country of the Delivery Address accepts possession and use of the ordered Product,
– you will not claim damages against Kavaha for failure to deliver the shipment due to its detention by the authorities of the country indicated as the Delivery Address – if it is impossible to have and use the Products in that country on the basis of the provisions in force therein,
– you agree to indemnify Kavaha from any claim, action or action arising out of or relating to the possession or use of the Products or breach of these Terms, including any liability or costs arising from claims, losses, damages, lawsuits, judgments, costs litigation and legal fees.

We will send the ordered Products within 3 business days from the date of posting the full amount of the order, via a courier company, to the Delivery Address together with the proof of purchase. If you want to receive an invoice, please send information in this regard to: finance@kavaha.eu. To issue it, we will need accurate data: full name, company name, address of residence or registered office, tax identification number, order number and correspondence address, if different from the place of residence or registered office.

Complaints and dispute resolution

In the event of non-compliance of the ordered product with the contract or other irregularities, you can submit a complaint – in electronic form to the address contact@kavaha.eu.

The complaint should contain your first name and surname or company name, e-mail address, data enabling the identification of the order (order number and date) a description of the objections raised and an indication of the proposed method of settling the complaint. If the data or information provided in the complaint need to be supplemented, before considering the complaint, we will ask you to complete it in the indicated scope. The complaint will be considered within 30 days from the date of receipt of a properly prepared complaint, via e-mail to the address provided in the complaint. Polish law applies to the contract concluded between you and Kavaha, the subject of which are the services provided by Kavaha under the conditions set out in the Regulations. Any disputes related to the services provided by Kavaha will be settled by the competent Polish courts.

If you are a consumer, as defined by the Act on consumer rights from 30 May 2014, you have the options of using:

– an out-of-court procedure for dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Poznań (information on how to resolve disputes can be found at the following address https://www.uokik.gov.pl),
– the EU ODR platform, available at https://ec.europa.eu/consumers/odr/,
– assistance of the city or county consumer ombudsman, assistance of consumer organizations, consumer arbitration courts or mediation.

The rights described in the above section are limited to the Companies.

Withdrawal from the contract

As a consumer, you have the right to withdraw from the contract in writing without giving any reason within 14 days from the date on which you took possession of the Product. To comply with the 14-day deadline, a written declaration of withdrawal must be submitted before its expiry. You can submit a declaration of withdrawal, among others on the form attached to the Regulations, which, together with the instructions on your rights, will also be attached to the shipment with the ordered Products. In the event of withdrawal from the contract, you must return the Products, at your own expense, to the following address: KAVAHA LLC 1207 Delaware Ave #696 Wilmington, DE 19806 immediately, no later than within 14 days from the date of withdrawal. We will refund the payment immediately, at the latest upon receipt of the returned Products. Returned Products cannot show signs of use. If the packaging of the Product is opened or otherwise damaged, the right to withdraw from the contract is not applicable, due to health protection and hygiene reasons.

Free services

In addition to the Products, we provide other services to you, i.e. a contact form, newsletter and the option of posting opinions. These services are provided free of charge every day. We reserve the right to change the type, form, time and method of granting access to selected services mentioned, about which we will inform you in a manner appropriate to the change in the Regulations.

1. Contact form

The contact form is used to simplify communication with us – use it in case of questions or doubts regarding the Products or other services provided by Kavaha.

2. Newsletter

In order to receive the Newsletter, all you have to do is enter your e-mail address, using the form provided for this purpose. After submitting the completed form, you will immediately receive a confirmation of ordering this service to the e-mail address provided. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded. The newsletter is sent to all customers who have subscribed. We use it to inform you about new products or services. Each notification contains information on how to unsubscribe from the free Newsletter service.

3. Feedback

Posting opinions consists in enabling customers with an Account to publish individual and subjective reviews and comments on kavaha.store regarding, in particular, the Products. We attach great importance to the opinions sent, and we reserve the right to remove any content that violates the Regulations, Privacy Policy or rules resulting from generally applicable law. You can use this service, like any other service, and can stop at any time.

We are entitled to block your access to free services in the event of acting to our detriment, in particular in the case of:

– advertising another entrepreneur or product,
– posting content not related to our activity,
– posting false or misleading content,
– acting to our detriment or to the detriment of other customers,
– violation of the law or the provisions of the Regulations,
– when blocking access to free services is justified for security reasons – in particular: breaking our security or other hacking activities.

When access to free services is blocked due to one of the above-mentioned reasons, it will remain blocked for the appropriate period deemed necessary to resolve. We will notify you by e-mail with regards to the blocked access, to the address provided in the registration form.

Responsibility for posted content

Any content posted and shared is done so voluntary. The content provided does not reflect Kavaha’s views and should not be equated with our activities. We are not a content provider, but only an entity that provides adequate ICT resources for this purpose.

In the event of posting any content on kavaha.store or other related websites, you declare that:

– you are entitled to use proprietary copyrights law, industrial property rights or related rights to – respectively – works, bodies of industrial property rights (e.g. trademarks) or objects of related rights that make up the content,
– the content, personal data, image and information on third parties were posted and made available legally, voluntarily and with the consent of the persons they concern,
– you consent to access to the published content by other Clients and by us,
– you authorize Kavaha to use your content free of charge as set out in these Terms,
– you consent to the development of works within the meaning of the Act on Copyright and Related Rights.

At the same time, you declare that you are aware that it is forbidden to:

– post, as part of using free services, personal data of third parties and disseminating the image of third parties without the legally required permission or consent of a third party,
– post advertising or promotional content,
– post content that violates the rights of any third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations,
– post content that is offensive or threatening to other people, containing vocabulary that violates good manners (e.g. by using profanity or terms commonly considered offensive),
– act against the interests of Kavaha, i.e. posting content constituting advertising materials of another entrepreneur or product; content not related to our business; false or misleading content,
– post content that otherwise violates the provisions of the Regulations, good manners, applicable law, and social standards.

Kavaha is not responsible for the content posted by the Customers, provided that it receives a notification constituting reliable information about the illegal content or other activities. In the event of receiving the above-mentioned notifications, we reserve the right to modify or delete the content posted as part of the use of the services, in particular with regard to content which, based on reliable reports from third parties or relevant authorities, has been found to constitute a violation of these Regulations or applicable legal regulations. We do not control the posted content on an ongoing basis.

If you post any content as part of our services, you grant us a free, non-exclusive license, unlimited in time and territory, to use the content, in particular to publish content on kavaha.store. The license is granted in the following fields of use:

– public sharing in such a way that everyone can have access to the content in a place and time chosen by them (including sharing on the Internet) as well as public display,
– in the field of recording and reproduction – recording and reproducing in computer memory and producing copies using a specific technique, including printing, reprographic, magnetic recording and digital technology.

Reporting violations

If you believe that the content published on Kavaha.store violates any third party personal rights,  feelings, morals, beliefs, fair competition rules, know-how, secret protected by law or under an obligation, you may notify us of a potential violation. After becoming aware of a potential violation, we may take immediate steps to remove the content that is causing the violation from kavaha.store.

Intellectual property

We are the owner or licensee of the content posted on kavaha.store, including but not limited to visual interfaces, interactive functions, graphics, design, compilation of content, computer code, products, software, data, aggregate data and all other elements of the website, excluding content that you post as part of reviews and third party materials. We also own or license copyrights, trademarks, trade names, trade secrets and other rights related to Kavaha.

For the avoidance of doubt, our intellectual property rights cover all data, also generated as part of the Services, including entered by you. Therefore, you may not use, modify, copy, sell, manipulate, republish, download, publish, upload, delete, play, distribute, create derivative works or adaptations, publicly display or in any way use any Kavaha content, in its entirety or in part, unless you have been expressly authorized in writing to do so, by us.

Final conditions

The current version of the Regulations is available at https://kavaha.store/privacy-policy-terms/. The Regulations constitute an integral part of the contract concluded with you. In matters not covered by the Regulations, the relevant provisions of Polish law shall apply, in particular the relevant provisions of the Civil Code and the provisions of the Act on consumer rights from 30 May 2014. All rights to Kavaha.store, including proprietary copyrights, intellectual property rights to the name, internet domain, website, as well as to templates, forms, logos and photos posted on Kavaha.store (except for some logos and photos presented for product presentation of third party copyrights) are owned by or licensed to Kavaha.