Terms of Service — KIRO

These Terms of Service (“Terms”) apply to your access to and use of the website, online store, products, content and services operated by KIRO (“KIRO”, “we”, “us” or “our”). By accessing our website or placing an order, you agree to these Terms.

These Terms are intended for business-to-consumer online sales in the European Union and the European Economic Area. They should be completed with KIRO’s legal company details, Privacy Policy, Cookie Policy, Refund & Returns Policy, Shipping Policy and product-specific food information before publication.

1. Trader identity and contact details

The website is operated by:

KIRO
Legal name: KIRO
Registered office: Jozef de Somerlaan 3, 9420 Erpe-Mere
Company registration number: 1022556974
VAT number: BE1022556974
Email: info@kiromatcha.com
Contact address for consumer complaints: info@kiromatcha.com

We sell products online through our website. Our store may be hosted by third-party e-commerce and payment service providers, including Shopify and payment processors, who help us operate the store and process transactions.

2. Scope of these Terms

These Terms apply to all visitors, customers and users of the website, including persons who browse, purchase, submit content, contact us or use any services available through the website.

If a separate policy is referenced in these Terms, that policy forms part of the agreement between you and KIRO. In the event of conflict, mandatory consumer protection rules that apply in your country of residence will prevail.

3. Eligibility and account responsibility

You may use the website and place orders only if you are legally capable of entering into a binding contract under the laws applicable to you. If you create an account, you are responsible for keeping your login details confidential and for all activity under your account.

You must provide accurate, complete and current information when creating an account or placing an order. You agree to update your information promptly where necessary so that we can process your order and contact you.

4. Products, food products and product information

We aim to describe our products clearly, accurately and completely. Before you place an order, we will provide the main characteristics of the product, the total price, applicable taxes, delivery charges, payment options, delivery information and your consumer rights.

For food products, we will provide the mandatory food information required under applicable EU food information rules before the purchase is concluded, except for information that is legally permitted to be provided only at delivery, such as the exact minimum durability date or “use by” date where applicable.

Food product information may include, where applicable:

• the name of the food;
• the list of ingredients;
• substances or products causing allergies or intolerances, highlighted in the ingredients list or otherwise clearly identified;
• quantity of certain ingredients or categories of ingredients;
• net quantity;
• minimum durability date or “use by” date;
• special storage conditions and/or conditions of use;
• name or business name and address of the responsible food business operator;
• country of origin or place of provenance where required by law;
• instructions for use where necessary;
• alcoholic strength by volume for beverages containing more than 1.2% alcohol by volume, if applicable;
• nutrition declaration, unless an exemption applies.

You must read all product information, labels, warnings, ingredient lists, allergen information, storage instructions and usage instructions before consuming or using any product. If you have allergies, intolerances, medical conditions, dietary restrictions or are pregnant, breastfeeding or taking medication, you should consult a qualified healthcare professional before consuming relevant products.

Product images are illustrative. We make reasonable efforts to display products accurately, but packaging, labels, colours, batch information and appearance may vary.

5. No medical advice and no unlawful health claims

Our website may contain general information about health, nutrition, wellness or lifestyle. This information is for general informational purposes only and is not medical advice, diagnosis or treatment.

Unless expressly authorised under applicable law, KIRO does not make claims that any food product prevents, treats or cures disease. Any nutrition or health claims displayed on our website must comply with applicable EU rules and must be read together with the full product information.

You should not use our website or products as a substitute for medical advice from a qualified healthcare professional.

6. Prices, taxes and payment

All prices are shown in EURO and include VAT where required by law, unless clearly stated otherwise. Delivery charges, taxes, duties or other costs will be shown before you confirm your order where they apply and can reasonably be calculated in advance.

We reserve the right to change prices at any time, but price changes will not affect orders that we have already accepted.

Payment must be made using the payment methods offered at checkout. Payments may be processed by third-party payment service providers. We do not store full payment card details unless this is expressly offered by a payment provider and you choose to save them in accordance with that provider’s terms and our Privacy Policy.

7. Orders, acceptance and availability

Placing products in your cart does not reserve them. Your order is an offer to purchase the selected products. The contract is concluded only when we accept your order by sending an order confirmation or otherwise confirming dispatch, depending on the checkout flow displayed to you.

We may refuse, limit or cancel an order where permitted by law, including if:

• the product is unavailable;
• payment is not authorised;
• there is an obvious pricing or product description error;
• we reasonably suspect fraud, misuse, resale without authorisation or unlawful activity;
• delivery to the requested address is not available;
• legal restrictions prevent us from selling or shipping the product.

If we cancel an order after payment, we will refund the amount paid without undue delay.

8. Delivery

Delivery options, estimated delivery times and delivery costs will be shown before you place your order. Unless we agree otherwise with you, we will deliver goods without undue delay and no later than 30 days after the contract is concluded.

Risk of loss or damage passes to you when you, or a person designated by you other than the carrier, physically receives the goods. If you choose a carrier not offered by us, risk passes to you when the goods are handed to that carrier.

You are responsible for providing a complete and accurate delivery address. If delivery fails due to incorrect or incomplete information provided by you, we may charge reasonable additional delivery costs where permitted by law.

9. Right of withdrawal for EU/EEA consumers

If you are a consumer in the EU or EEA, you generally have the right to withdraw from an online purchase within 14 days without giving any reason.

For goods, the withdrawal period expires 14 days after the day on which you, or a person designated by you other than the carrier, receive the goods. For multiple goods delivered separately, the period expires 14 days after the day on which you receive the last item.

To exercise your right of withdrawal, you must inform us by a clear statement, for example by email or post, using the contact details in Section 1. You may use the model withdrawal form below, but it is not mandatory.

Model withdrawal form

To: KIRO, Jozef de Somerlaan 3, 9420 Erpe-Mere, info@kiromatcha.com

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods:

Ordered on: [date]
Received on: [date]
Consumer name: [name]
Consumer address: [address]
Order number: [order number]
Signature, only if submitted on paper: [signature]
Date: [date]

10. Exceptions to the right of withdrawal

The right of withdrawal does not apply, or may cease to apply, in cases permitted by law, including for:

• goods that are liable to deteriorate or expire rapidly, including certain fresh, perishable or temperature-sensitive foods;
• sealed goods that are not suitable for return for health protection or hygiene reasons and were unsealed after delivery;
• goods made to your specifications or clearly personalised;
• goods which, after delivery, are inseparably mixed with other items;
• services that have been fully performed with your prior express consent and acknowledgement that you lose the right of withdrawal once the service is fully performed, where applicable.

Product pages or checkout information may identify specific products for which withdrawal restrictions apply.

11. Effects of withdrawal, refunds and return costs

If you withdraw from the contract validly, we will reimburse all payments received from you, including standard delivery costs where required by law, without undue delay and no later than 14 days after the day on which we are informed of your decision to withdraw.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent them back, whichever occurs first.

Unless we state otherwise, you must send the goods back to us without undue delay and no later than 14 days from the day on which you inform us that you withdraw. You are responsible for the direct cost of returning the goods, unless we have agreed to bear that cost or failed to inform you that you must bear it.

You are liable only for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods. For food, health, hygiene or sealed products, opening, using or damaging packaging may reduce or remove refund eligibility where permitted by law.

Refunds will be made using the same payment method used for the original transaction, unless you expressly agree otherwise and no additional fees are charged because of the refund method.

12. Legal guarantee and defective products

Consumers in the EU/EEA benefit from mandatory legal guarantee rights for goods that are not in conformity with the contract. These rights apply independently of any commercial warranty we may offer.

If a product is defective, damaged, unsafe or not as described, contact us as soon as possible with your order number, a description of the issue and, where helpful, photos of the product and packaging. Depending on the circumstances and applicable law, you may be entitled to repair, replacement, price reduction or refund.

Nothing in these Terms limits your mandatory rights relating to defective, unsafe or non-conforming goods.

13. Product safety, recalls and storage

You must follow all storage, preparation, consumption, expiry, safety and usage instructions provided on the product page, packaging, label or accompanying materials.

If we become aware of a product safety issue or recall affecting products you purchased, we may contact you using the contact details provided with your order. You agree to cooperate with reasonable safety instructions, including not consuming or using affected products and returning or disposing of them as instructed.

14. Promotions, discount codes and gift cards

Promotions, discount codes and gift cards are subject to the conditions stated at the time they are offered. They may not be redeemable for cash unless required by law. We may refuse use of a promotion or code where we reasonably suspect fraud, misuse or breach of the applicable conditions.

15. User content, reviews and submissions

If you submit reviews, comments, photos, feedback, ideas or other content, you grant KIRO a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, translate and adapt that content for the purpose of operating, improving, promoting and providing our website, products and services.

You must not submit content that is unlawful, misleading, defamatory, abusive, obscene, discriminatory, infringing, deceptive, spam, malware or otherwise harmful. You must not impersonate another person or misrepresent your relationship with any person or organisation.

We may moderate, refuse, remove or edit user content where permitted by law, including where it breaches these Terms or applicable law. If we publish reviews, we will not present reviews in a misleading way and will comply with applicable consumer protection rules concerning the authenticity and presentation of reviews.

16. Prohibited uses

You must not use the website or services:

• for any unlawful, fraudulent or unauthorised purpose;
• to violate applicable laws, regulations or third-party rights;
• to transmit malware, viruses or destructive code;
• to scrape, crawl, spider, harvest or collect data except where permitted by law;
• to interfere with security features or the proper operation of the website;
• to submit false, misleading or deceptive information;
• to harass, abuse, defame, discriminate against or harm others;
• to infringe intellectual property, privacy or personality rights;
• to resell products commercially without our prior written authorisation.

We may suspend or terminate access to the website or services if you breach these Terms or applicable law.

17. Third-party tools, links and services

Our website may include third-party tools, apps, payment services, analytics tools, delivery services, links or content. These third parties are independent from KIRO unless expressly stated otherwise.

We are not responsible for third-party websites, materials, services or practices. You should review the applicable third-party terms and privacy notices before using them.

18. Intellectual property

All website content, including text, images, graphics, logos, product descriptions, designs, software and other materials, belongs to KIRO or our licensors and is protected by intellectual property laws.

You may use the website for personal, non-commercial shopping purposes only. You must not copy, reproduce, distribute, modify, sell, exploit or use any part of the website or content without our prior written permission, except where permitted by law.

19. Privacy and cookies

Your personal data is processed in accordance with our Privacy Policy and Cookie Policy. These policies explain what personal data we collect, why we collect it, how we use it, who we share it with, how long we retain it and what rights you have under applicable data protection law, including the GDPR where it applies.

20. Accuracy, errors and updates

We aim to keep the website accurate and up to date, but errors, inaccuracies or omissions may occur, including in product descriptions, prices, promotions, availability, delivery times or food information.

Where permitted by law, we may correct errors, update information or cancel affected orders. If an error materially affects your order after you have placed it, we will inform you and give you the options required by applicable law.

21. Availability and changes to the website

We do not guarantee that the website will always be uninterrupted, secure or error-free. We may update, suspend, modify or discontinue any part of the website, products or services where permitted by law.

Changes will not affect contracts already concluded unless required by law or necessary for safety, security or legal reasons.

22. Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, intentional misconduct, gross negligence or breach of mandatory consumer rights.

To the fullest extent permitted by law, KIRO is not liable for indirect or consequential losses, loss of profit, loss of revenue, loss of business, loss of goodwill or loss of data arising from your use of the website or products, except where mandatory law provides otherwise.

For consumers, these limitations do not affect your statutory rights.

23. Indemnity

If you use the website for business purposes or breach these Terms, you agree to indemnify and hold KIRO harmless from claims, damages, liabilities, costs and expenses arising from your unlawful use of the website, your breach of these Terms or your violation of third-party rights, to the extent permitted by law.

This clause does not reduce mandatory consumer rights.

24. Termination

You may stop using the website at any time. We may suspend or terminate your account or access to the website if you breach these Terms, misuse the website, engage in fraud or unlawful activity, or where required for security, safety or legal reasons.

Termination does not affect rights and obligations that arose before termination, including payment obligations, refund rights, legal guarantee rights and provisions intended to survive termination.

25. Complaints and alternative dispute resolution

If you have a complaint, please contact us first at [insert complaints email]. We will try to resolve your complaint fairly and within a reasonable time.

Consumers may have access to alternative dispute resolution (“ADR”) bodies or consumer protection authorities in their country of residence. Where required by applicable law, we will provide information about the competent ADR body and whether we are obliged or willing to participate in ADR proceedings.

The former EU Online Dispute Resolution platform has been discontinued. Consumers may still seek assistance through national consumer bodies, European Consumer Centres or other competent authorities.

26. Governing law and jurisdiction

These Terms are governed by the laws of [insert EU Member State], without prejudice to the mandatory consumer protection laws of the country where you habitually reside.

If you are a consumer, you may bring proceedings against KIRO either in the courts of [insert EU Member State] or in the courts of the country where you habitually reside, where mandatory law gives you that right. We may bring proceedings against you only in accordance with applicable consumer jurisdiction rules.

27. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law or deemed severed, and the remaining provisions will remain valid and enforceable.

28. No waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

29. Changes to these Terms

We may update these Terms from time to time. The version published on the website at the time you place an order applies to that order.

If we make material changes, we will take reasonable steps to inform users where required by law. Continued use of the website after changes are published means you accept the updated Terms, unless mandatory law requires a different process.

30. Contact information

Questions about these Terms should be sent to:

KIRO
Email: info@kiromatcha.com
Address: Jozef de Somerlaan 3, 9420 Erpe-Mere