Introduction
This document establishes the General Terms and Conditions of Sale applicable to all customers (hereinafter referred to as “Customer” or “Customers”) who wish to purchase products through the website www.drinkheykay.com (hereinafter “CGVonline”).
We kindly ask you to read these General Terms and Conditions carefully, as by using this site or placing an order, the Customer acknowledges and agrees to fully comply with these conditions. Therefore, if you do not agree with them, you should not use this website.
These conditions may be changed without prior notice. The conditions in force at the time of the contract are those that shall apply.
Our Information
This website is operated under the name HEY KAY by AQUELA KOMBUCHA UNIPESSOAL LDA, headquartered at R. Dona Amélia Moutinho Alves 775, 4425-642 Pedrouços, Portugal, registered at the Porto Commercial Registry under corporate number 515.030.384, with a share capital of €100,000.
Your Data and Website Visits
Information or data provided by Customers will be handled in accordance with HEY KAY's Privacy Policy. By using this website, the Customer consents to the processing of such information and declares that all data provided is true and accurate.
Use Of Our Website
When placing orders through our website, the Customer agrees to:
Use this site only for lawful queries or orders – if the order is deemed unlawful, HEY KAY reserves the right to cancel it and notify the authorities.
Provide accurate and truthful data necessary to process the order, and authorize its processing.
Declare and prove, if necessary, that they are of legal age and/or have legal capacity to enter into contracts.
Product Availability
The HEY KAY online store offers packs of various flavors, subject to availability.
All options may be purchased as a one-time order.
Contract Formmation
To place an order, the Customer must follow the purchase process outlined on this website, beginning with acceptance of the CGVonline and ending with a click on “Authorize Payment.”
This process constitutes a sales contract with HEY KAY (“the Contract”).
The Customer will then receive an email (to the address provided during checkout) confirming the order (“HEY KAY – Order Confirmation”), listing the products, prices, shipping costs, and delivery address. If any details are incorrect, the Customer should immediately contact hi@drinkheykay.com for correction.
Shipping costs are calculated automatically once products are added to the cart and a delivery address is entered. Prices vary based on region, weight, and quantity.
Shipping is free for orders above a minimum value, depending on the destination country.
Product Delivery
All product orders are subject to availability.
If timely supply is not possible, the Customer will be informed of the unavailability within 5 business days, and any payments made for unavailable products will be refunded within 30 days.
Delivery
Barring extraordinary circumstances, HEY KAY processes orders from Monday to Thursday for purchases placed before 00:00 on the previous business day.
Orders are shipped via third-party carriers, with delivery to mainland Portugal within 48 hours, along with an email confirmation (“HEY KAY – Shipping Confirmation”).
Delays may occur due to unforeseen events or Force Majeure. In such cases, the Customer will be informed and given the option to either continue with a new delivery date or cancel the order for a full refund.
The order is considered delivered upon signature of the delivery receipt at the provided address.
Failure To Delivery
If delivery is not possible at the provided address, a note will be left with instructions for redelivery.
If the second attempt fails, additional shipping charges may apply. The Customer must contact HEY KAY to reschedule delivery.
Transfer Of Risk And Ownership
Ownership of the products passes to the Customer upon delivery as defined above. From that moment, all risk is borne by the Customer.
Prices and Payment
Product prices are those shown on the website at the time of order.
Prices include VAT, but do not include shipping costs, which are calculated during checkout.
Prices may change at any time, but changes will only affect future orders.
Payment methods accepted: VISA, Mastercard, PayPal, and MBWay.
Value Added Tax (VAT)
All purchases are subject to the current Portuguese VAT rate.
Right Of Withdrawal
Due to the perishable nature of the products sold online, the right of withdrawal does not apply and returns are not accepted.
It is also not possible to cancel a confirmed order. However, HEY KAY will try to accommodate the request if possible. Customers should contact: hi@drinkheykay.com
Damaged Products
If the product is damaged, defective, or the packaging is compromised, the Customer must refuse the delivery, clearly indicating the issue on the carrier’s document, and contact HEY KAY immediately at hi@drinkheykay.com.
If the damaged order is accepted, HEY KAY will not be held responsible.
Personal Data Processing
This website and HEY KAY's online sales policy comply with all applicable national and EU laws on data protection, privacy, and information security, as described in the Privacy Policy.
HEY KAY collects and processes data solely for order management and product/service communication. Legal basis: contractual necessity, consent, or legitimate interest.
Personal data will be retained only as long as necessary, in accordance with legal deadlines. Customers can exercise rights of withdrawal of consent, objection, limitation, access, rectification, or deletion by contacting hi@drinkheykay.com.
Intellectual Property
The Customer acknowledges that all copyright, trademarks, and other intellectual property rights in the materials or content provided through the website remain the property of HEY KAY and may only be used with explicit authorization.
Written Communication
Applicable laws require some communications from HEY KAY to be in writing. By using this site, the Customer agrees to receive notifications electronically (email or notices on the website), which satisfies all legal requirements for written communication.
Notifications
Customer notifications should preferably be sent through the contact form on the site. HEY KAY will respond via the email address provided during checkout.
Notifications will be considered received either upon website access or 24 hours after email dispatch.
Waiver Rights
Failure by HEY KAY to enforce any provision of these terms does not constitute a waiver of rights.
Severability
If any term is deemed invalid or unenforceable, the remaining provisions shall remain fully valid.
Entire Agreement
These conditions and referenced documents constitute the entire agreement between HEY KAY and the Customer, superseding any prior agreements (oral or written).
Applicable Law And Jurisdiction
Use of this website and any resulting contracts are governed by Portuguese law.
Alternative Dispute Resolution
In case of dispute, the Customer may contact one of the Portuguese Consumer Arbitration Centers (Vale do Ave, Vale do Cávado, Porto, Coimbra, Lisbon, Algarve, or the national center via cniacc@fd.unl.pt) or visit:
www.consumidor.pt
www.arbitragemdeconsumo.org
HEY KAY / AQUELA KOMBUCHA UNIP. LDA also offers an Online Complaints Book.
CGVonline No. 1 – effective as of 01-05-2020