1. CONDITIONS OF USE AND PURCHASE 

www.kashaya.eu

This document (together with all the documents mentioned therein) establishes the conditions governing the use of the website (www.kashaya.eu) and the purchase of products therein (hereinafter, the "Conditions"). Please read these Conditions, our Legal Notice, Privacy Policy and Cookies Policy carefully before using this website. By using this website or placing an order through it you agree to be bound by these Conditions and by our Privacy Policy, so if you do not agree with all the Conditions you should not use this website.

These Conditions could be modified. It is your responsibility to read them periodically, since the conditions in force at the time of conclusion of each Contract (as defined below) or in the absence thereof, at the time of use of the website will be those that are applicable.

If you have any questions related to the Conditions or the Data Protection Policy, you can contact us through our contact form.

2. OUR DATA

The sale of items through this website is carried out under the name Kashaya Cultures S.L, B66956087, Calle de L’Agricultura 130, Nave, 08019 Barcelona

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data you provide about you will be treated in accordance with the provisions of the Privacy Policy. By making use of this website you consent to the processing of such information and data and declare that all the information or data you provide us is true and corresponds to reality.

4. USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

  1. Make use of this website only for legally valid inquiries or orders.
  2. Do not place any false or fraudulent order. If it could reasonably be considered that such an order has been made, we will be authorised to cancel it and inform the relevant authorities.
  3. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may make use of such information to contact you if necessary.

If you do not provide us with all the information we need, we will not be able to place your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5. SERVICE AVAILABILITY

The items offered through this website are available for shipment to Spanish territory, and the following countries within the European Union (Portugal, France, Italy, United Kingdom, The Netherlands, Belgium). Please contact us directly for delivery terms to other countries not listed previously.

6. HOW THE CONTRACT IS FORMALIZED

To place an order, you must follow the online purchase procedure. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will be formalized only when we send you the "Order Confirmation".

7. AVAILABILITY OF PRODUCTS

All product orders are subject to their availability. In this sense, if there are difficulties regarding the supply of products or if there are no items left in stock, we reserve the right to provide information about substitute products of equal or superior quality and value that you may order. If you do not wish to order those substitute products, we will refund any amount you may have paid.

8. DELIVERY

Without prejudice to the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the products(s)s before the delivery date contained in the Order Confirmation in question or, if no delivery date is specified, within the estimated period indicated when selecting the shipping method and, in any case, within a maximum period of 7 days from the date of the Order Confirmation. However, delays could occur for reasons such as unforeseen circumstances or the delivery area. 

If for some reason we could not meet the delivery date, either we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. 

For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the time when you or a third party indicated by you acquires the material possession of the products or services, which will be credited by signing the receipt of the order at the agreed delivery address.

9. DISRUPTIONS OR CANCELLATION OF DELIVERY

If for any means it is not possible to deliver your order, the delivery services will recontact you at another time. If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

In the event that 15 days have elapsed since your order is available for delivery, the order has not been delivered for cause not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a result of the termination of the Contract, we will refund the product payments received from you, without undue delay and, in any case, within a maximum period of 15 days from the date we consider the Contract terminated.

Please, take into account that the transport derived from the termination of the Contract may have an additional cost, so we will be authorized to pass on the corresponding costs.

10. TRANSMISSION OF RISK AND PROPERTY

The risks of the products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (according to the definition contained in clause 9 above), if this took place at a later time.

11. PRICE AND PAYMENT

The price of the products or services will be those that are stipulated at any time on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur. If we discover an error in the price of any of the products or services that you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we fail to contact you, the order will be considered canceled and you will be fully reimbursed the amounts that have been paid.

We will not be obliged to supply you with any product at the wrong lower price (even if we have sent you the Order Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as the wrong price.

The prices of the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our "Shipping costs".

Prices may change at any time, but (except as stated above) the possible changes will not affect orders with respect to which we have already sent you an Order Confirmation.

Once you have selected all the items you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling out or checking the information requested in each step. Also, during the purchase process, before making the payment, you can modify the data of your order. In addition, if you are a registered user, you have a detail of all the orders placed in the My Account section.

You can use Visa, Mastercard and transfer cards as payment.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

The collection, storage and transmission of personal information through the website is done in an encrypted way through the use of the TLS/SSL security protocol, an encryption system that gives total security in the data transmission.

12. PURCHASE AS A GUEST

This website also allows purchase through the purchase functionality as a guest. In this mode of purchase, you will only be asked for the essential data to process your order. Once the purchase process is finished, you will be offered the possibility to register as a user or continue as an unregistered user.

13. TAX ON ADDED VALUE

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of products or services shall be deemed to be located in the Spanish VAT application territory if the address of Delivery is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally valid at all times depending on the specific article in question.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.

14. RETURN POLICY

14.1 Legal right to withdraw from the purchase

Right of withdrawal

If you are buying or taking out a Contract as a consumer and user, you have the right to withdraw from this Agreement within 7 calendar days without justification. Provided that no product safety label has been removed or used.

The withdrawal period will expire after 7 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods that make up your order are delivered separately, to the 7 calendar days of the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.

To exercise the right of withdrawal, you must notify Christopher Davite, by phone +(34) 684212779 or by writing to us at hola@kashaya.eu or our contact form, of your decision to withdraw from the Contract through an unequivocal statement (for example, a letter sent by postal or electronic mail). You may use the model withdrawal form listed as an Annex to these Conditions, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right be sent before the corresponding term expires. 

Consequences of withdrawal

In case of withdrawal on your part, we will refund all payments received from you without undue delay and, in any case, no later than 7 calendar days from the date on which we are informed of your decision to withdraw from this Contract. We will proceed to make said refund using the same payment method used by you for the initial transaction. You will not incur any expenses as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first.

You must return or directly deliver the products or services to us within a maximum period of 7 calendar days from the date on which you communicate your decision to withdraw from the Contract. The deadline will be considered fulfilled if you return the goods before the deadline has expired. You must bear the direct cost of returning the goods.

You will only be responsible for the decrease in value of the assets resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

14.2 Contractual right of withdrawal

There is no additional term to the one established by Law.

14.3 Common provisions

You will not have the right to withdraw from the Contract or return the products whose purpose is the supply of any of the following products:

1. The SCOBY

2. Kombucha Kit to make Kombucha at home

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the product (s) while in their possession. Please return the item using or including all of its original packaging, instructions and other documents that may accompany it. In any case, you must deliver along with the product to return the receipt that you will have received at the time of delivery of the duly completed product

In case you do not want to return the products through any of the free options available, you will be responsible for the return costs. Please keep in mind that if you decide to return the items due, we will be authorized to charge you the expenses we may incur.

After examining the article we will inform you if you are entitled to reimbursement of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 7 days from the date on which you informed us of your intention to withdraw. However, we may withhold the reimbursement until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase.

You will assume the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our contact form or by calling (+34) 684212779

14.4 Returns of defective products

In the case whereby you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately through our contact form providing the product data as well as the damage suffered, or by calling the number +(34) 684212779 where we will indicate the way to proceed.

We will proceed to examine the returned product carefully and will notify you by e-mail within a reasonable period of time if the refund or replacement of the product (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 7 days from the date we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amounts paid for those products that are returned due to any defect or damage will be fully refunded, including delivery costs incurred to deliver the item and the costs you incurred to return it to us. The refund will be made in the same means of payment that was used to pay for the purchase. In any case, the rights recognized by current legislation are safe.

15. RESPONSIBILITY AND EXEMPTION OF LIABILITY

Unless expressly provided otherwise in these Conditions, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

  1. In case of death or personal injury caused by our negligence;
  2. In case of fraud or fraudulent falsehood; or
  3. In any matter where it is illegal or illegal to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:

  1. Loss of income or sales:
  2. Loss of business;
  3. Loss of earnings or loss of contracts;
  4. Loss of anticipated savings;
  5. Loss of data; 
  6. Loss as a result of bad/changes in time management or office hours

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly the opposite in it.

All product descriptions, information and materials that appear on this website are provided without express or implied warranties on them except those legally established. In this sense, if you hire as a consumer and user, we are obliged to deliver items that are in accordance with the Contract, responding to you of any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in accordance with the Contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses to which the products are ordinarily intended of the same type and (iii) present the usual quality and performance of a product of the same type that is fundamentally expected.

To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded from consumers and users.

The provisions of this clause will not affect your rights as a consumer and user, nor your right to withdraw from the Contract.

16. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may make use of such material only in the manner expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact information.

17. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses or trojans or any other programme or material that is technologically harmful or harmful. You will not attempt to have unauthorized access to this web page, to the server on which this page is hosted or to any server, computer or database related to our web page. You agree not to attack this web page through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.

We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to which it redirects.

18. LINKS FROM OUR WEBSITE

In the event that our website contains links to other web pages and third-party materials, such links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.

19. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications we send to you be in writing. By using this website, you agree that most of such communications with us are electronic. We will contact you by email or provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

20. NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of clause 19 above and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you at the time of placing an order.

It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, it was properly sealed and that it was duly delivered in the mail or in a mailbox. In the case of an email, which was sent to the email address specified by the recipient.

21. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding for both you and us, as well as for our respective successors, assigns and assignees.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising therefrom, without obtaining our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations derived from it, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, are recognized by law or will void, reduce or otherwise limit the guarantees, both express and implied, that we could have granted.

22, EVENTS OUTSIDE OUR CONTROL

We will not be liable for any breach or delay in the fulfillment of any of the obligations we assume under a Contract, the cause of which is due to events that are beyond our reasonable control ("Force Majeure").

The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

  1. Strikes, company closing or other claims.
  2. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or war preparations.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  4. Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
  5. Impossibility of using public or private telecommunications systems.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  7. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligations arising from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the period to fulfill those obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure.

23. DISCLAIMER

The lack of requirement on our part of strict compliance by you of any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under of said Contract or of the Conditions, it will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver by us of a specific right or action will mean a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.

24. PARTIAL NULLITY

If any of these Conditions or any provision of a Contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.

25. FULL AGREEMENT

These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.

You and we acknowledge having consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations initiated by the two before said Contract, except as expressly mentioned in these Conditions.

Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action available to another part will be for breach of contract in accordance with the provisions of these Conditions.

26. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and modify these Conditions at any time. You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes to these policies, Conditions or Privacy Statement, in in which case, the possible changes will also affect the orders that you had previously made.

27. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and contracts for the purchase of products through said website will be governed by Spanish law. Any dispute that arises or is related to the use of the website or to such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.

28. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions through our contact form. In addition, we have official claim sheets available to consumers and users. You can request them by calling +(34) 684212779 or through our contact form.

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