Last update: 27-04-2020
This agreement defines the general terms and conditions of use of the E-shop service offered by Sagres Media Limited, with registered office at 1 Poultry, London, United Kingdom, EC2R 8EJ, registered with the Companies House under no. 11763263, (the “Company” or “we”) owner of the brand Kaataa and available on the website www.kaataa.com (the “Website”).
Before beginning to browse the Site and in any case before beginning to use it, we invite all users to read carefully these General Conditions. It is understood that, for the purposes of this agreement, the General Conditions include every note and every legal and informative notice or disclaimer published on the E-shop platform regarding the Kaataa Services that is on the E-shop platform, in addition to any terms invoked in this page through any hyperlinks.
The access, browsing and use of the E-shop platform and its functions constitute the express acceptance of the terms set forth in these General Conditions and therefore entail an obligation to respect them.
To full acceptance of these General Conditions is required for the use of all Kaataa Services. If you do not wish to accept these General Conditions in whole or in part, or any other note, legal and informative notice or disclaimer published on the E-shop platform, we invite you to not use the E-shop platform or its related services.
In addition to the terms defined elsewhere in these General Conditions, the terms listed below have the meaning attributed to each:
- “Buyer”: designates any natural person who purchases through the E-shop platform the products made available by the Sellers;
- “Seller”: designates any natural or legal person, affiliated with the E-shop platform, whose professional activity involves the production of food products and who, through the E-shop platform, makes available for purchase the products produced by them or third parties;
- “User”: designates the Buyers and Sellers of the E-shop platform.
The E-shop platform is a virtual space that encourages the meeting between demand and supply for food products.
The Buyer can:
- access a series of selected Sellers;
- purchase directly the products marketed on the E-shop platform;
- make use of the payment and shipping services offered by the Company;
- make use of the service for managing claims and refunds;
The Company, as owner of an E-shop platform for electronic commerce and supplier of the Kaataa Services, simply facilitates the transactions between the Sellers and the Buyers and, consequently, is not involved in the transactions between them. In particular, although the Company selects carefully the Sellers that may register on the E-shop platform, it does not check, directly or indirectly, the veracity or accuracy of the information supplied by the Sellers with regards to their activity, their production methods, their products or their respective quality.
Therefore, the Company shall accept no liability whatsoever in regards to the stipulation and execution of the sales agreement between individual Buyers and Sellers, nor does it act as an agent of the Seller or under any other capacity beyond what is expressly provided for in these General Conditions.
- Kaataa Services
3.1. “E-shop” COMMERCIAL TRANSACTION SERVICES
The Company offers a virtual platform service in order to encourage the meeting between demand and supply for food products.
3.1.1. Graphic design of the products
The products published on the E-shop platform are presented using digital photos and/or videos of the products promoted by actually existing Sellers. Such presentation photos and videos presented to accompany production information are published on the E-shop platform purely for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the colour variants, may depend on the software and computer tools used by the Buyer when they are connected to the E-shop platform. Small variations between these photos and reality do not constitute lack of conformity. The Company declines all responsibility and does not offer any guarantees as to the correspondence of the graphic design of the products published on the E-shop platform to that of the products delivered by the Sellers.
3.1.2. Purchase Order
For the purpose of submitting the purchase order, the Buyer must select the products that they wish to purchase, include all the data needed for payment and delivery and finally submit the purchase order following the procedure indicated on the E-shop platform. Before submitting the Purchase Order, the Buyer will have the option of correcting any errors in the “Order Summary” page. Simultaneously to the submission of the Purchase Order, the Buyer will proceed to pay for the products ordered as foreseen in paragraph 3.2 below (Payment service). After receiving confirmation that their Purchase Order has been accepted, the Buyer cannot withdraw from the Purchase Order. The Company reserves the right to cancel entirely or in part a Purchase Order if this latter was carried out in violation of these General Conditions or the applicable laws and regulations. In addition, the Company reserves the option to withhold a Purchase Order for investigation or cancellation purposes whenever it suspects that the transaction between the Buyer and the Seller may be fraudulent or illegal. In such cases, the Company will inform promptly the Seller and the Buyer (without prejudice to any restrictions provided for by law) indicating the reasons for the cancellation of the order together with the procedure to follow to rectify any mistakes. The refused transactions will be considered as not received as regards the execution times and any liability for incorrect or non-execution of the Purchase Order.
3.1.3. Non-availability or exhaustion of product stock
In the event that all or some of the products promoted by the Sellers are currently not available or result out of stock, the Company undertakes to promptly obscure the product on the E-shop platform, in order to no longer make it visible to or available for purchase by the Buyers. If, after receiving a Purchase Order by the Buyer, all or only part of the products covered by the order are not available or are out of stock from the Seller, the Seller will have the option of accepting the order exclusively for the available products and possibly propose to the Buyer the purchase of similar products.
3.1.4. Acceptance of the Purchase Order
The Purchase Order submitted by the Buyer will be binding only after the full order process was completed properly and correctly without any error messages being displayed by the E-shop platform.
The Company reserves the right to cancel all or part of the acceptance of the Purchase Order if this latter was carried out in violation of these General Conditions or the applicable laws and regulations.
3.1.5. Delays in the acceptance of the purchase order or non-acceptance
In the event that the products covered by the Purchase Order are not available or are out of stock, the Company shall notify the Buyer. In this case, the Buyer will have the option of asking for a refund of the amount paid.
The Seller and the Buyer recognize that the activity carried out by the Company cannot in any case be interpreted as an intermediation of the sale of the products since its sole purpose is exclusively that of ensuring the proper and correct operation of the E-shop platform.
3.1.6. Right of withdrawal
- Exclusions to the right of withdrawal
The right of withdrawal is excluded for:
- a) goods purchased by a Buyer who requests an invoice;
- b) goods that are liable to deteriorate or expire rapidly;
- c) sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Without prejudice to the provisions of paragraph 3.1.6, in reference to the cases listed above for which the right of withdrawal is excluded, the Buyer, in particular, is informed and accepts that all food products are included among the products that “are liable to deteriorate or expire rapidly”, since the characteristics and quality of such Products are subject to alterations due also to their improper storage. Therefore, for hygiene-related reasons and for the protection of our Users, the right of withdrawal is applicable only to products purchased through the E-shop platform that can be returned to the Seller, intact in their sealed package, and reissued on the market without endangering the consumer’s health.
- Exercising the right of withdrawal
The Buyer will have the right to exercise the right of withdrawal, in relation to specific Products, different from those listed in paragraph (a) above, as long as these products, after delivery, were not opened and their seal was not altered. For products for which exercising the right of withdrawal is allowed, the Buyer has the right to withdraw from the purchase agreement for any reason, without needing to provide an explication and without any penalties. To exercise the right of withdrawal, the Buyer must send to the Company, within 14 days from delivery of the products covered by the Purchase Order, a written communication through electronic mail to the following address email@example.com with the subject “Exercise of the right of withdrawal” declaring explicitly their will to proceed with the withdrawal and supplying the following information:
- number of the Purchase Order and date;
- delivery date of the Purchase Order;
iii. the name and address of the Buyer;
- the Buyer’s email address and phone number;
- article code, that is the articles for which the right of withdrawal is being exercised.
The right of withdrawal applies to the purchased product in its entirety; therefore, if the product is comprised of multiple components or parts, the right of withdrawal cannot be exercised only on a portion of the purchased product. Upon receiving notice of the exercise of the right of withdrawal, the Company shall provide a practical solution for the return of the product and forward the Buyer instructions on how to return the products which will happen through a carrier arranged by the Buyer within and no later than 14 days from the communication of the right of withdrawal and the costs of the return shall be borne entirely by the Buyer. If the right of withdrawal is exercised, the Buyer will be refunded the full amount of the Products returned within 14 days from the day when the Company was informed of the Buyer’s decision to exercise the right of withdrawal, without prejudice to the Company’s right to suspend payment of the refund pending receipt of the products.
3.2. PAYMENT SERVICE
3.2.1. Accepted payment methods
Although the purchase agreement for the products shall remain stipulated between the Seller and the Buyer, by means of the E-shop platform the Buyers shall proceed, simultaneously with the submission of the Purchase Order, to the payment of the products covered by this Purchase Order using one of the payment methods accepted by the E-shop platform and published therein. The Company does not guarantee that the payment systems accepted by the E-shop platform will always be accessible or properly functioning. Furthermore, the Company reserves the right to modify at any moment the payment methods accepted by the E-shop platform at its sole discretion.
It is understood that the Company can never be held liable for any irregularities experienced in the use of the payment service, such as for example the use of false or cloned credit cards. In particular, in case of a payment transactions not recognized by the Buyer, this latter must follow the procedure established by the relevant credit card company to cancel or receive a refund for transactions that have already taken place (so-called chargeback), excluding any liability on the part of the Company, who, in the context of this commercial relationship, limits itself to putting in contact the Seller and the Buyer, but is not party to the concluded deal. For the purposes of the procedures for requesting a refund or cancellation of the payments made by credit card or similar services, the Seller shall be treated as operator and any complaints and/or documentation requests useful for the purposes of the refund or cancellation requests for the contested sums made by the Buyer shall be submitted to the Seller. To protect its own business reputation and without this constituting any form of mediation, the Company may simply forward any reports of irregular transactions to the credit card companies and/or communicate to the Buyer the outcome of such claims.
3.2.2. Payment of the Purchase Orders
The Buyer represents and warrants to the Company that they are in full possession of all the authorisations needed to use the payment instrument indicated during finalization of the Purchase Order.
Sagres Media Limited uses an international payment platform for the payment services related to its marketplace. The platform receives the payment by the client through credit card and proceeds to return to the producer the amount due through bank transfer to the Seller’s account after deducting any charge due for the payment service and the fee to be paid to the Company for the service.
3.3. SERVICE FOR THE MANAGEMENT OF CLAIMS AND REFUNDS
Within 8 (eight) days from the date when they receive the products, the Buyer will have the option to present a claim and request the refund of the sum paid to the Seller. Exclusively for claims having as their object flaws and defects of the products, the Company will offer its management service foreseen by this paragraph. In these cases, upon receiving the claim, the Company will proceed to evaluate the validity of the claim and the refund request. The Company may proceed with the refund only when the following conditions have been verified:
- There are evident and objective discrepancies between the goods publicised by the Seller on the E-Shop platform and the goods received by the Buyer (for example, including but not limited to, errors in the type of product sent after an order, errors in quantity);
- The goods were damaged during transport because they were not properly packaged.
If the claim is founded, the Buyer must proceed to return promptly the product that constitute the object of their claim to the Seller, without prejudice to the Seller’s right to pick them up at its own expense.
In this case, the Company will proceed to inform promptly the Seller and the Seller must refund fully or partially the Buyer by reimbursing them the sums paid (including any costs incurred for returning the products).
For other types of claims (for example in the event of disputes regarding transactions made by credit card – namely for any complaints of “cloning” of the same or in case of disputes regarding the shipping service), the Company will only forward to the Seller and/or the credit card company and/or Shipping Partner and/or the responsible third party the complaint sent by the Buyer and the dispute will be managed directly between the contracting parties pursuant to the provisions of the applicable law.
In no event shall the Company be liable for the execution of the refund of the amounts due to the Buyer by the Seller if the claim is accepted, given that the refund is made through the Company based on the balance available by the Seller on the E-shop platform.
- USE of the Kaataa Services
The use of the services of the E-shop platform by the Buyer who is a natural person requires that the Buyer be of age. Minors can use the Kaataa Services only with the assistance of a parent or guardian.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
5.1. Reviews and comments
After completing each purchase, the Buyer will have the option to leave a comment on the Seller, the purchased products and on the shopping experience in general. For this purpose, every Buyer undertakes not to publish comments that are illicit, obscene, abusive, hostile, defamatory or that violate the privacy and intellectual property rights of the Company or that are otherwise offensive to the Company. The Company reserves the right to remove or modify the content published if this latter is in violation of these General Conditions or any applicable law.
5.2. Published content
If the content or a sales listing publicised on the E-shop platform or used in the context of the Kaataa Services contains defamatory comments or if your intellectual property rights were violated by an article or information available on the E-shop platform or used in the context of the Kaataa Services, we invite you to send us an email at firstname.lastname@example.org and we will immediately proceed to remove any possible violations towards our users or third parties.
- BUYER’S OBLIGATIONS
6.1. PERMITTED USE
When using the E-shop platform and the Kaataa Services, the Buyers undertake the respect the provisions of all applicable laws and regulations, as well as all ethical and good use standards for network services. In particular, they undertake to not:
- violate the laws in effect or simulate purchase negotiations and/or engage in other unfair trading practices;
- spread computer viruses or other technologies capable of damaging the E-shop platform or its Users;
- undertake actions that can cause an unjustified overload in our technological infrastructures and that may interfere with the correct use of the E-shop platform by other users;
- send chain letters or proposals for pyramid schemes; copying, reproducing, altering
6.2. ELECTRONIC COMMUNICATIONS
All the communications foreseen and/or allowed pursuant to these General Conditions will be carried out electronically, through e-mail or the publication of notices and communications on the E-shop platform. The Users expressly recognise and accept that the notices, information and other communications that we supply electronically satisfy the requirement for written form, as foreseen by the law.
- INTELLECTUAL PROPERTY
7.1. COPYRIGHT, RIGHTS RELATED TO DATA BANKS AND THEIR CONTENTS
All the contents present or made available through the Kaataa Services as texts, graphics, logos, icon buttons, images, audio files, digital downloads, collection of data and software, lists and other data bases, are property of the Company and its content suppliers and are protected by international copyright laws, industrial law and database rights. The systematic extraction and/or reuse of the data or part of the Kaataa Services without the explicit written agreement of the Company is not allowed. In particular, the use of data mining, robots or similar capture or extraction devices to extract (once or multiple times) and/or reuse any substantial part of any Kaataa Service, without our explicit written agreement, is also prohibited. Under no circumstance shall the User have the right to create and/or publish a database that reproduces substantial parts (for example price and product lists) of the Kaataa Services without the explicit written agreement of the Company. The download and use of texts and photographic material produced by the Company without the explicit written agreement of the Company is prohibited and the any content authorized and used by the User must display clearly the owner of the content’s intellectual property, namely the wording “Kaataa_get_closer”, and redirect to one of the pages of the E-shop platform.
The artwork, logos, page headings, icon buttons, the characters and service marks included or made available through any of the Kaataa Services are trademarks or distinctive signs of the Company. The trademarks and distinctive signs of the Company cannot be used in relations to products or services that do not belong to the Company, if they generate confusion among the clientele or if they denigrate or discredit the Company in any way. Any other trademarks that do not belong to the Company that appear on any Kaataa Service belong to their respective owners, that may or may not be related or connected to the Company and/or sponsored by it.
- LIMITATIONS OF LIABILITY
The Company will make every reasonable effort to ensure that access to the Kaataa Services is offered without interruptions and that data transmissions occur without errors. Nevertheless, due to the nature of the internet, the uninterrupted access and the absence of errors in transmissions of data cannot be guaranteed. Furthermore, access to the Kaataa Services could also be occasionally suspended or limited to allow for repair and maintenance works or for the introduction of new activities or services. Users accept all responsibility for any damages that may impact their computer system because of their use of the Kaataa Services. The Company makes no representation regarding the successful completion of the trading negotiations between the Sellers and the Buyers and none of the activities carried out by the Company, including those pertaining to the management of claims/returns, can be interpreted in this sense. The Company cannot be held responsible for (i) losses that do not arise from the violation of these General Conditions of Use, (ii) for any lost business opportunities (including loss of profit, revenue, contracts, anticipated savings, data, start-up costs or expenses incurred in vain), (iii) any other indirect or consequential loss that was not reasonably foreseeable in the moment when the User began to use the Kaataa Services. We will not be responsible for any delays or non-performance of the obligations foreseen by the General Conditions of Use if the delay or non-performance is caused by an unforeseeable circumstance or an event of force majeure. In general, the Company is not responsible for the conclusion or executions of individual transactions for the sale of products, including any fraudulent use of the payment methods accepted by the E-shop platform. The Company cannot be held responsible for any possible inefficiencies caused by Carrier Partners, namely by carriers directly appointed by the Seller. Under no circumstances, the responsibility of the Company, as derived from or in connection with the General Conditions for Use or the transactions referred to herein, can exceed the amount of the commissions obtained by the Company in relation to the use of the Kaataa Services in the three (3) months immediately preceding the event that has given rise to the claim for compensation, except in the event of wilful misconduct or gross negligence. The Company assumes no responsibility for the contents created or published on third party sites included in the E-shop platform through hypertext links (“links”). The Company does not check such links and it is not responsible for their content or their use. The presence of a link on the E-shop platform does not imply any acceptance on the part of the Company of the materials published on such websites or any other relations between the Company and the managers of said sites. The User who decides to visit a website linked on the E-shop platform and/or the Site does so at their own risk, assuming the burden of taking all the measures necessary against viruses or other malwares.
- Amendments and Additions to the General Conditions
At any given moment, the Company reserves the right to modify, amend and/or cancel, in whole or in part, the Kaataa Services, the policies, these General Conditions or any document that accompanies them, in order to offer new products or services or to comply with the needs of the market or any legal and regulatory requirements. As a result, we undertake to communicate to the User the contractual modifications through the publication of a notice on the Homepage of the E-shop platform and on the page of the General Conditions. The User undertakes to check regularly the General Conditions and agrees explicitly that their own use of the E-shop platform, following communication of any changes made to the General Conditions, constitutes an unambiguous manifestation of their acceptance of said modifications. If any provision of these conditions is deemed invalid, null or for any other reasons unenforceable, such condition will nevertheless not affect the validity and enforceability of the remaining provisions.
- INTERRUPTION OF THE Kaataa Service
Access to the E-shop platform might be temporarily interrupted in the event of technical problems or to ensure its maintenance. Buyer will be given notice of such interruptions on the E-shop platform, if possible. At any moment the Company may improve and/or update the E-shop platform and the Kaataa Services whenever this becomes necessary for technical reasons or to comply with existing legislation. The Company reserves the right to interrupt, in whole or in part, the Service even without notice, and the user shall not be entitled to any type of indemnity, penalty or refund.
The Company’s failure to exercise its right to act against users who violate these General Conditions shall never constitute a waiver of the Company’s rights, including that of acting with respect to the foregoing.
- DURATION AND TERMINATION
12.1. SUSPENSION OR TERMINATION BY THE COMPANY
Furthermore, the Company will have the option of suspending and/or interrupting the Service towards the User in the following cases:
(i). the User has supplied information that is false, incomplete, incorrect or misleading (including, by way of example, any registration data) or has engaged in fraudulent or illegal conduct;
(ii). the Company has encountered or been alerted to non-authorized or fraudulent use of the Account associated with the User or their respective payment data;
(iii). the User presents a high-risk profile;
(vi). if the Buyer violates any of the obligations foreseen by the Article on the Buyer’s Obligations.
Should any of the events referred to above arise, the Company shall inform the Users for the reason behind such a suspension, where possible, before its application or at the latest right after this event takes places, with the exception of the cases where such communication may compromise any security measures or is prohibited by any applicable law. The Company will reactivate the User only if the User has remedied the disputed violations within fifteen (15) days from the day when they receive communication of their suspension. Otherwise, the General Conditions shall automatically be terminated.
- OUR CONTACT INFORMATION
Sagres Media Limited
1 Poultry, London, United Kingdom, EC2R 8EJ
- APPLICABLE LAW AND JURISDICTION
These General Conditions are governed and must be interpreted according to English law. In the event of disputes arising from the interpretation and application of these General Conditions and/or any failures or inefficiencies attributable to the Company and their related disputes, shall be referred to the Courts of the place where the Company’s headquarters are located. The User declares having read and understood and thus expressly approves of all the Articles.