Terms and conditions

Terms and conditions

The Kava Europe online store available at https://www.kavaeurope.pl and https://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 at 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.

International Shipping and Customs

We ship to all member states of the European Union, as well as to Switzerland, the United Kingdom, and selected other European countries. The list of destinations available at checkout is the definitive list.

For orders delivered within the European Union customs union, the price shown at checkout is the final price. No customs procedures or import charges apply on delivery.

For orders delivered to any destination outside the European Union customs union, including Switzerland, the United Kingdom, Norway, Iceland, Liechtenstein, and any other non-EU country, the following applies:

  1. The parcel will be subject to customs clearance on arrival in the destination country. Any customs duties, import VAT, brokerage fees, or other charges imposed by the destination country are the buyer’s responsibility and are payable on delivery.
  2. The buyer is responsible for ensuring that the products may lawfully be imported into and possessed in the destination country. Local rules vary, and we are not able to advise on the legal position in each jurisdiction.
  3. If a parcel is delayed, held, returned, refused entry, or seized and destroyed by the customs or regulatory authorities of the destination country, we cannot be held responsible and no refund will be issued for products lost in this way.
  4. If a parcel is returned to us and we incur charges (return shipping, customs duties, or fees), these may be deducted from any refund otherwise owed.

Nothing in this section limits a consumer’s mandatory statutory rights under Polish law or applicable European Union consumer protection legislation.

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.

The Customer may handle and inspect the product to the extent necessary to establish its nature, characteristics, and functioning. To receive a full refund, the product must be returned in its original packaging with any tamper-evident inner seal intact. Please also see the “Refunds – exceptions” section below for the position on sealed botanical products.

The Customer’s intention to withdraw from the contract must be declared via e-mail or post in accordance with the instructions below. The Customer must declare the withdrawal within 14 (fourteen) days from the date of coming into possession of the product. After declaring the withdrawal, the Customer has a further 14 (fourteen) days to return the product to the Seller. A model withdrawal form is available on request by emailing [email protected].

  1. Send an e-mail to contact@kavaeurope.eu with 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).
  1. Return the product on the following address:

Pacific Elixir sp. z o. o.

Czerniakowska 73/79

00-718 Warsaw

  1. 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 a sealed, tamper-evident package and the seal was broken after coming into possession. The Product cannot be returned once the original seal is broken, because the contents are a plant-based botanical product whose integrity depends on the unopened packaging.

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.

Statutory Warranty (Rękojmia)

In addition to the right of withdrawal described above, Consumers are entitled to a statutory warranty (rękojmia) under the Polish Civil Code and applicable European Union consumer protection legislation. The Seller is liable for any non-conformity of the product with the sales agreement that exists at the time of delivery and becomes apparent within 2 (two) years from delivery.

If a product is non-conforming, the Consumer may request repair, replacement, a price reduction, or, in cases of significant non-conformity, withdrawal from the contract and a full refund. Complaints under the statutory warranty should be submitted by e-mail to [email protected] with a description of the issue and, where possible, supporting photographs. The Seller will respond to warranty claims within 14 (fourteen) days.

Nothing in these Terms limits a Consumer’s mandatory statutory rights under Polish law or applicable European Union consumer protection legislation.

Store’s Operation

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

Browsing the Store’s products does not require creating a Customer’s Account. Placing an order by the Customer is available after creating a Customer’s Account or providing the 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 Euro (EUR) or Polish zloty (PLN) depending on the Customer’s location, and are gross prices, namely the Value Added Tax is included where applicable.

Customer’s Account Registration

  1. In order to register a Customer’s Account, the Customer shall fill in the 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 to the Account requires entering the login and password set up in the registration form.
  4. The Customer’s Account may be terminated by the Customer at any time, without giving reasons and without bearing any expenses, by sending a statement to the Seller at the e-mail address [email protected] or in writing to Pacific Elixir sp. z o. o., 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.
  1. 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.
  2. 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 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).