Terms and Conditions

Terms and Conditions

Identity of the company: YAYA Kombucha
Trade name: YAYA Kombucha
Business address: Nieuwe Hemweg 14 E
Phone number: +31 (0)6 27 28 72 31
Chamber of Commerce number: 67522114
VAT-identificationumber: (NL)857048065B01

Applicability

The general terms and conditions for sales are applicable to all orders, with possible discount, and deliveries by, and payments to YAYA Kombucha. It is only possible to deviate from these conditions in advance when writing these explicit points down, whereby the other provisions remain in full force. By placing an order or accepting an offer, the customer acknowledges to YAYA Kombucha that he accepts the terms and conditions.

Discounts and pricing

Discounts by and prices of YAYA Kombucha are valid for a certain period indicated by YAYA Kombucha. YAYA Kombucha accepts no liability for type or printing errors. YAYA Kombucha reserves the right to make changes in prices, exchange rates or implementing (legal) regulations regarding prices at any time. All applicable prices are always including VAT and excluding shipping costs, any taxes, or other levies unless stated otherwise or agreed in writing.

All prices are based on pick-up from the YAYA Kombucha brewery. Additional costs will be charged upon delivery. In that case, these costs will be indicated during ordering.

Services

The services delivered by shop.yayakombucha.com include the sale and delivery of kombucha beverages and related products within The Netherlands, near Amsterdam. YAYA Kombucha reserves the right to change and/or amplify the General Terms and Conditions.

Products

Delivering high-quality products is of importance to YAYA Kombucha. Nevertheless, depending on the season and the availability of raw materials, the products may deviate slightly from the product images on the website. YAYA Kombucha offers the following five flavours; Original, Ginger, Blueberry, Hops, and Yuzu.

Order time

Orders placed on working days before 11:00 am will be delivered on the same day between 5:00 pm and 10:00 pm. Orders placed after 11:00 am will be delivered the next working day. Orders received over the weekend will be delivered on Monday between 5:00 pm and 10:00 pm. The customer receives an e-mail by the delivery service with track and trace information. For questions about the delivery time, changes in delivery time, etc., customers can contact the delivery service via the chat function in their personal track and trace link. Questions about the product can be sent to shop@yayakombucha.com. During public holidays, the order time may deviate.

Orders

By placing an order by telephone, e-mail or internet, the agreement stands. YAYA Kombucha reserves the right to refuse orders without any giving reason or to add other conditions, such as requesting a payment in advance.

All orders will be confirmed by email to the email address provided by the customer. Always check your information. Shop.yayakombucha.com is not responsible for any typos. Changes can be communicated by email at least one day before delivery.

YAYA  Kombucha is not responsible for incorrect addressing or deviating delivery dates. When the carrier has attempted to deliver the ordered products to the delivered address within the requested time frame, the order will be charged.

Delivery time & delivery

YAYA Kombucha will always strive to a fast delivery of the order. However, the stated delivery times are only suggestive. Exceeding the delivery period does not entitle the customer for compensation or give him the right to cancel the agreement. All rights and claims, as declared in these conditions, also apply to third parties engaged in the delivery.

In case of delivering an order to a company, the order will be delivered at the reception. After delivering the order to the reception, YAYA Kombucha is no longer responsible for further internal delivery.

YAYA Kombucha does not deliver on Sundays, and public holidays unless agreed otherwise.

In case of calamities and natural disasters, YAYA Kombucha reserves the right to cancel the delivery of orders.

When the receiver is not present at the delivery address, the goods will be delivered to any neighboring facility or house. If the goods cannot be delivered there either, the customer will receive a delivery note. After multiple attempts of delivery without response or acceptance, the goods will be shipped back to the warehouse. Any cost associated with the delivery (transport, waiting, etc.) will be charged to the individual whom the order was meant for/was stated on the order placement.

The buyer has an obligation to inspect all of the goods delivery to check order-conformity. In the case that the goods do not conform to the purchase order, the purchaser is requested to inform YAYA Kombucha as soon as possible (no more than three (3) hours after delivery. The buyers can contact YAYA Kombucha via a phone call where the situation is properly motivated.

In the case that it is proven that delivered goods do not conform with that which was ordered at YAYA Kombucha, said company has the choice to either allow return for the wrongly delivered goods and replace them with the new goods. The value stated on the invoice for the wrongly delivered goods will be disposed. Any order returned to YAYA Kombucha outside of the form noted in this paragraph or the above (i.e. without prior notification towards YAYA Kombucha) are difficult/unable to be accepted when they do not possess a unique return-number or if the goods and packaging appear damaged.

From the moment that the goods have been received by the purchaser, all responsibilities regarding quality, hygiene, declaration, and the careful transportation of the goods fall on that of said party/the purchaser. Considering the nature of the products, adapted level of care and consideration should be made towards the shelf life of the products. The products offered and delivered by YAYA Kombucha should be kept cooled (2-7oC) and have a shelf life of 12 months.

Payment

Orders can be placed via shop.yayakombucha.com. To succeed the order the payment must be done up front. After YAYA Kombucha has received the payment,  the order will be proceed. The payment can be done by, iDEAL, Visa, Mastercard and American Expres. Unfortunately you can not pay with cash or coins and crypto currency. YAYA Kombucha can not be held liable for the non-delivery of the intended order, if they payment didn’t succeed or when the payment has been blocked by your creditcard company.

Prices

All prices are expressed in Euro (€), in accordance with the legal regulations and including VAT.

The buyer owes the price which YAYA Kombucha has communicated to her in her confirmation. Apparent  (manipulatvie) errors in the quotation, such as obvious inaccuracies, can also be corrected by YAYA Kombucha after the conclusion of the agreement.

Special offers are applicable while the stock last.

YAYA Kombucha strives to continue the colour of the images. Due to the fact YAYA Kombucha uses edible ink and printing supplies, the colour and quality of the logos and photos may not correspond 100% to the original of the product as shown. When this occurs, YAYA Kombucha can not be held responsible.

YAYA Kombucha is not responsible for the content of submitted and consequently on products processed images. Nevertheless YAYA Kombucha is aware of its social responsibility, and she wants to keep her ethics on a high. Therefore, all images submitted by YAYA Kombucha will be checked for illicit content in accordance with Dutch and European law. Photos that offending (eg with pornographic or violent content) or may be harmful to minors or personal rights and / or copyrights of harm third parties are denied. The buyer will be informed about the violation of our terms and conditions and will get the opportunity to send a different image or cancel the sale.

Force of the majority

In case of force majeure YAYA Kombucha is entitled, at its option, the execution of any order to suspend, or without judicial intervention to dissolve, so held by the client to communicate and without YAYA Kombucha writing to any damages, unless this would be unacceptable in the given conditions, according to criteria of reasonable and fair.

By force majeure is understood to mean any circumstance beyond its control so that the performance of its obligations to the buyer is prevented in whole or in part. Those circumstances include strikes, natural disasters, fires, business disturbances, power failures, failures in (telecommunications) networks or connections or communication and / or at any time not available from the website, non or late delivery of suppliers or other third parties and the absence of any available government issued license.

Complaints

YAYA Kombucha strives and commit the orders and deliveries as smoothly as possible to proceed. Nevertheless, it is possible that something goes wrong. Should there be a need for a complain, please send the complain to the following e-mail address; shop@yayakombucha.com. YAYA Kombucha takes every complaint very seriously and provides an appropriate solution. YAYA Kombucha will handle the complain within one week after receiving of the complain.

Liability

YAYA Kombucha is not liable for damage that is not attributable to intent or gross negligence of YAYA Kombucha or caused by circumstances that are not at risk of YAYA Kombucha. YAYA Kombucha is not responsible for information, photos, brochures and other informational materials distributed under the responsibility of third parties. For actions and / or omissions of third parties YAYA Kombucha also bears no responsibility.

YAYA Kombucha is not liable for misunderstandings, delays or transmission of orders and messages resulting from the use of internet or any other means of communication between the customer and YAYA Kombucha unless and might be as far as intent or gross negligence YAYA of Kombucha. Liability for damages which the customer is already assured excluded at all times by YAYA Kombucha. YAYA Kombucha is not liable for damage incurred during shipment of goods when performed at the customer’s request by another company YAYA Kombucha. Shipping in these circumstances the sole risk of the customer.

Miscellaneous

The customer of  YAYA Kombucha is required to wholly respect all intellectual and industrial property rights which rest on the products delivered by YAYA Kombucha. YAYA Kombucha does not guarantee that the products do not violate delivered to the purchaser in any (unwritten), intellectual and / or industrial property rights of third parties.

Applicable law

The Dutch law applies to all legal relationships between YAYA Kombucha and its customers. Disputes between parties will be exclusively submitted to the courthouse in The Netherlands.