Welcome to Pasai. These Terms of Use (“Terms”) are a legal contract between you (“you”) and Pasai Archipelago Coffee (“us”, “our”, “we” or “Pasai”) and govern your use of all the text, data, information, software, graphics, photographs, videos and other materials (the “Materials”) and services (“Services”) that we may make available to you through any area of the pasaicoffee.com website (collectively with the Materials and Services the “Site”).
BY ACCESSING, BROWSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THIS SITE. AGREEING TO THESE TERMS ALSO CONSTITUTES YOUR AGREEMENT WITH THE PASAI PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE INCORPORATED HEREIN.
INFORMATION, STATEMENTS AND REVIEWS FROM SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE EUROPEAN FOOD SAFETY AUTHORITY. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT. PASAI ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.
Pasai reserves the right to revise these Terms at any time. We will inform you of any modifications to these Terms by posting them on the Site.
We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. If we make any material modifications to the Services or our price for any of our Services, we will make notification on our Site at least 10 days before such change takes effect. If you object to any such modifications, your sole recourse shall be to cease using the Site. Your continued use of the Site will constitute your acknowledgement and acceptance of any such changes.
Use of The Site
In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Pasai. You may not copy, modify, or distribute the contents of this Site without the express written permission of Pasai. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that misappropriates, infringes or violates any intellectual property, publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; or
Attempting to interfere in any way with the Site’s or Pasai’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell or otherwise provide use of or access to, the Site to any third party without our prior written consent.
Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and review guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall supersede the provision(s) of these Terms that are designated therein as being superseded.
Site not for Minors
The Site are available to users who are 18 years old and older and who have not been suspended or removed by Pasai for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. By using the Site, you agree that you are at least 18 years of age or, if you are under 18 years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms. Use of the Site is prohibited where prohibited by law.
Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Subscriptions and Payments
Pasai offers three subscription types: rebillable monthly subscriptions (“One Timer Subscription”); prepaid 3-month subscriptions ("3 Months Subscription"); and prepaid semi-annual subscriptions ("6 Months Subscription"). You agree to pay all fees applicable to your purchases using one of the payment methods we support. Except as otherwise specified in these Terms or in applicable Additional Terms (a) fees are quoted and payable in Euros, and (b) payment obligations are non-cancelable and fees paid are non-refundable.
If you elect to purchase a paid subscription, we or our third-party payment processor will charge your payment method on the date that you subscribe. By providing a payment method, you expressly authorizes Pasai and/or our third-party payment processor to charge the applicable fees to said payment method. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
BY PURCHASING A RECURRING SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR TOTAL SUBSCRIPTION FEE WILL BE PAID ALL AT ONCE ON PURCHASE, PASAI (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD AT THE THEN-CURRENT SUBSCRIPTION RATE FOR YOUR SUBSCRIPTION, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS AND WILL BE AUTOMATICALLY ENDED AT THE END OF SUBSCRIPTION PERIODS.
WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT RECURRING SUBSCRIPTION FOR WHICH YOU HAVE PAID), UPON 10 DAYS ADVANCE NOTICE TO YOU.
Product Information; Limitation on Quantities; Fulfillment
Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Site is complete and reliable. All descriptions, images, features, specifications and prices of the products are subject to change at any time without notice. The inclusion of any product on the Site does not imply or warrant that such product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason (including after an order has been submitted or acknowledged): (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any product. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to revise, suspend, or terminate events or promotions at any time without notice.
All orders will be processed and fulfilled by our third party fulfillment partner. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Pasai for delays or early deliveries. We reserve the right to make deliveries in installments.
You should inspect your package to ensure the contents are undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.
Pasai is not responsible for:
Items delivered to incorrect addresses supplied by you or the recipient of the product.
Delivery issues arising from the recipient not being present at the time of delivery at the address supplied by the you or recipient.
Decreased product quality due to an incorrect delivery address supplied by the you or the recipient, or a re-route requested by the you or the recipient.
All claims for damaged or missing shipments must be made by through our third party fulfillment partner.
Proprietary Rights
You acknowledge and agree that as between you and Pasai the Site and all Materials and other elements available on the Site are the property of Pasai or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All other trademarks are the property of their respective owners. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Pasai.
CONTRIBUTED CONTENT GUIDELINES
Pasai values your engagement. When contributing content, please consider the following guidelines:
By submitting or posting any materials or content on the Site, you grant Pasai a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your submission or any modification thereto, in whole or in part, into any technology, product, or service). You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Pasai the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Pasai will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or websites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post unduly critical or spiteful comments of other content posted on the page or its authors;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via hai@pasaicoffee.com. Any such feedback provided by you to us (e.g., comments, questions, suggestions, etc. – collectively, “Feedback”) through any means of communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
General disclaimer
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL MATERIALS, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, PASAI DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED HEREIN. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. YOU, AND NOT PASAI, ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON-ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND ANY POTENTIAL ALLERGENS IN THE PRODUCTS. THE PRODUCTS ARE NOT MADE IN ALLERGEN FREE FACILITIES AND THERE MAY BE A POTENTIAL FOR CROSS CONTAMINATION WITH OTHER PRODUCTS THAT ARE NOT ALLERGEN FREE.
Pasai makes no warranties of any kind regarding any non-Pasai sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Pasai makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Pasai sites. Pasai does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
disclaimer - no professional advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Pasai, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.
limitation of liability
IN NO EVENT SHALL PASAI, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE TO ANY USER OF THE SITE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, HOWEVER ARISING, EVEN IF PASAI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PASAI, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR SUPPLIERS, AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE EXCEED THE AMOUNT YOU PAID TO PASAI IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
international use
We control and operate the Site from Germany. We make no representation that materials on the Site are appropriate or available for use outside Germany. If you choose to access this Site from outside Germany, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
customs & duties
We control and operate the Site and provide the Services from our headquarters in Germany and the entirety of the Site may not be appropriate or available for use in other locations. If you use the Site (or any portion thereof) outside Germany, you are solely responsible for following applicable local laws.
By placing an order on Pasai, all international customers recognize they are liable for any customs, duties, taxes or fees that may incur. The recipient of the shipments must comply with all rules and regulations of the destination country. The recipient of said international shipments may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Pasai has no control over these charges, nor can Pasai predict what they may be.
The recipient of the shipment is the importer of record in the destination country and is responsible for all Import duties, taxes, and fees, the clearance of said merchandise, and the process and remittal.
You (the recipient) are responsible for any duties and fees that may incur and Pasai will not refund or pay for said fees.
Contact Us
If you have any questions about this Terms and Condition, please contact us at legal@pasaicoffee.com.
© pasai 2023