The Kava Europe online store available at https://www.kavaeurope.pl and https://www.kavaeurope.eu is a platform administered by Pacific Elixir sp. z o. o. limited liability company with its registered office in Warsaw, entered into Register of Entrepreneurs held by the National Court Register under no. 5213847616; Taxpayer ID: NIP (TIN): 5242928576; REGON (National Business Registry Number) 381887539.

Delivery and Refunds

Order execution

Orders are executed within 48 (forty-eight) hours from the moment of booking the payment, excluding non-working days.

The following shipping carriers are: InPost, Poczta Polska.

The Customer can also personally collect the Order after selecting the proper option in the order form. The product can be collected within 7 (seven) days from the moment of the Order placement and payment in the following address: Pacific Elixir sp. z o. o. ul. Czerniakowska 73/79 Warsaw.

Tracking the Order

If the shipping carrier provides the order number, we will update the Order on tracking information. The Customer has to remember that some orders shipped by Poczta Polska are not provided with the order tracking system.

Delivery cost

The delivery cost depends on the weight of ordered products and delivery address. Before the execution of the order, the Customer is provided with detailed information about the total cost of the service, including delivery and the price of the product. At this point the customer, if one does not accept total costs, can resign from the service.

Ordering several products

If the Customer buys specified products and some of them are unavailable at the moment, the available products will be sent in the first place. When the other products will become available again, the Customer will receive the remaining one. The Customer shall not bear any further costs of another shipping.

Refunds and Exchanges

How to refund the product

The Customer has the right to terminate a contract without giving any reasons within 14 days from the date of coming into possession of the ordered product; from the date when a third party other than the hauler or a person indicated by the Customer came into possession of the ordered product, or; from the date of coming into possession of the last product.

To receive the refund, the product has to be returned in the unused and unopened original packaging, unless the damaged package was a manufacturing defect.

The will of refund shall be declared via e-mail or mail accordingly to the following instruction. In order to acknowledge the refund, purchased products have to be returned within 14 (fourteen) days from the date of the purchase.

1. Send an e-mail to eucontact@kavaeurope.pwith the following form:

• the reason of returning of products (optionally)
• the number of the order
• Information about the recipient and account number where the refund will be sent (in case of the lack of information the refund will be sent on the same account number which was used in placing the order).

2. Return the product on the following address:

Pacific Elixir sp. z o. o.

Czerniakowska 73/79

00-718 Warsaw

3. Attach to the package the signed file about the reason for returning (optionally), the original receipt or invoice.

The Seller can hold with refunding a payment until receiving the product or confirmation of sending the product from the Customer, depending on the fact which event will occur earlier.

The Customer is obliged to return the Product to the Seller in the following Terms without hesitation, no later than 14 (fourteen) days from the day when the Seller was informed about contract termination. The date will be kept if the Customer sends the Product before the 14 (fourteen) date period. The Customer bears expenses of returning the Product.

Refunds – exceptions

The Customer is not entitled with the right to terminate a contract by electronic means in a transaction when the considered Product was sent in the closed package and was opened after coming into possession. The Product after opening cannot be returned because of health and hygiene reasons.

Exchanges

If the Product remains in the original unopened package can be exchanged for a different one with the same or lower value or for topping up in the Online Store.

Store’s Operation

To the fullest extent permitted by the applicable law, the Seller disclaims all liability for Store’s functioning disruption caused by force majeure, unallowable third party activity or online store’s incompatibility with Customer’s technical infrastructure.

Browsing Store’s product does not require creating the Customer’s Account. Placing an order by the Customer is available after creating Customer’s Account or providing necessary information, such as personal data and shipping address required for the execution of the order.

The prices presented on the Online Store are expressed in Polish zlotys and are gross prices, namely the Value Added Tax is included.

Customer’s Account Registration

1. In order to register the Customer’s Account, the Customer shall fill the proper registration form. It is necessary to provide the following data: name, last name and shipping address.
2. The registration of the Customer’s Account is free of charge.
3. Logging in the Account requires presenting a login and password set up in the registration form.
4. Customer’s Account may be terminated by the Service Recipient. The Customer may, at any time, without giving reasons and bearing any expenses, by sending a statement of will to the Seller to the e-mail address contact@kavaeurope.eu or in a written form to the address Pacific Elixir sp. z o. o. with the seat in Warsaw, Poland, address ul. Czerniakowska 73/79, 00-718 Warsaw, Poland.

Execution of the Sales Agreement

1. The execution of the Sales Agreement between the Customer and the Seller occurs after previous placing the Order by the Customer via the Order Form available on the Online Store.
2. After placing the Order the Seller, without hesitation, confirms the Order and puts it into execution. The acceptance of the Order is sent to the Customer’s e-mail pointed out during placing the Order. The message of acceptance provides Seller’s confirmation of receiving the Order, putting it into execution and the confirmation of execution of the Sales Agreement. The Sales Agreement is concluded between the Customer and the Seller at the moment of receiving above mentioned e-mail message.
3. In the case of choosing by the Customer:
   • payment by bank transfer, electronic payment, or payment by credit card, the Customer shall make the payment in 12 (twelve) hours from the moment of concluding the Sales Agreement, otherwise, the Order is automatically canceled due to non-payment.
   • payment by cash on the personal receipt of the consignment, the Customer shall pay at the moment of personal receipt of the shipment in 7 (seven) days from receiving the message about the readiness of collection the consingnment.

4. If the Customer has chosen the delivery different than a personal receipt, the Product will be sent by the Seller in 48 (forty-eight) hours, excluding non-working days, according to the Customer’s choice chosen during the Order placement.
5. If the Customer ordered the Products with different time of delivery, the final delivery date is the latest date.

Out of court possible means for examination of complaints and pursuing claims

The Customer can find detailed information about possibilities of out of court means for the complaint examination, pursuing claims and rules for access to these procedures, are available in offices or websites following legal entities:

1. a) Regional and Municipal Consumer Ombudsmen
2. b) Non-government organizations dedicated to consumer rights,
3. c) Trade Inspectorate,
4. d) Office for Competition and Consumer Protection

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php

http://www.uokik.gov.pl/wazne_adresy.php

Personal data

1. The Administrator of the Customer’s personal data collected via the Online Store is the Seller, Pacific Elixir sp. z o. o.
2. The Administrator processes personal data collected via the Online Store in order to execute the Sales Agreement and, if the Customer agrees, also for marketing purposes.

• In order to conclude the Order the Administrator share Customer’s personal data with third parties. The recipients of the Customer’s personal data presented on the Online Store are:
• delivery companies, which delivers the Product, if the Customer places an order via the Online Store and chooses postal or courier service.
• payment processing companies, if the Customer places an order via the Online Store and chooses an electronic payment option or a credit card.
• The Customer has the right to access to the personal data processing, their correction, modification, deletion and limitation of data processing, the objection against their processing as well as the right to transfer data.
• The Customer gives his/her data voluntarily. In certain situations giving the personal data may be necessary and not providing them leads to the lack of possibility of concluding the Sales Agreement.

Final provisions

1. The Seller reserves the right to change its Terms and policies. The Seller shall inform the Customer about each change The Customer shall be informed about each change by the Seller at least 7 (seven) days in advance.
2. To all matters not settled by this Terms of Sale the provisions of the Polish law, in particular the Polish Civil Code, the Act on Rendering Electronic Services, the Act on Consumer Rights, and the Personal Data Protection Act shall apply.
3. The Customer has the right to use out of court possible means for complaining and pursuing claims. A complaint can be submitted via the European Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr).