General conditions of use

1. General

Website publisher and creator:

The present Website www.naga.coffee (hereinafter referred to as the ‘Website’) is published by the company ‘Naga Coffee’ (hereinafter referred to as the ‘Company’), Rue du Patch 20A, 1330 Rixensart, Belgium

Content and publication manager: YEUNG Qinyi, Chief Executive

Web hosting:

OVH

Credits:

Web development – Flavien Barsé

By using this Website, the visitor, or web user, accepts that they have been given the opportunity to read the terms of use. As a result, access to and use of the present Website automatically constitutes acceptance of these terms.

The Company endeavours to guarantee such opportunities, as well as the accuracy and updating of any information contained on the Website, and reserves the right to edit its content at any time and without prior warning. However, the Company cannot guarantee the accuracy, precision or completeness of the content made available on the Website. As a result, the Company accepts no responsibility for any of the following:

any disruption of the Website;

any incidence of bugs;

any damages resulting from the fraudulent intrusion of a third party that has led to the modification of any information available on the Website and more broadly any direct or indirect damages, whatever their cause, origin, nature or consequences, arising from any party accessing the Website or being unable to access it, including the use of the Website and/or credit accorded to any information originating directly or indirectly from the Website.

In particular, the Company accepts no responsibility for damages that may be caused to the web user’s hardware following access to the present Website, or due to using or downloading any of its content (data, text, images, videos, audio etc.).

2. Confidentiality and personal data policy

Personal data (such as your family name, first name and e-mail address) which you provide via this Website are kept in the files of the company “Naga Coffee”, Rue du Patch 20A, 1330 Rixensart, Belgium. Your personal data will always be handled in keeping with the personal data protection rules and regulations applicable in Belgium and in the European Union.

Collection of personal data

When you make use of our Website and place an order through it, you accept that your personal data is used in keeping with our confidentiality policy. This confidentiality policy also applies every time you transmit personal data to us.

Your personal data are collected when:

– you visit the Website

– you place an order through the online shop of the Website

– you create an account on the Website

– you subscribe to Naga Coffee Newsletter

– you contact our customer service or our press service, you ask for a company catalogue, you ask to be called back in relation to an event or business collaboration

– you communicate your personal data via the Website or any other way

Please note that your personal data may also be collected through the use of Cookies.

Type of data collected

The following data can be collected through the Website in the context of how we manage our services:

– your IP address

– your first name and family name

– your e-mail address

– invoicing and delivery address

– the personal data of the persons to whom you wish to send our creations (Family name, first name, e-mail address, delivery address…)

– your telephone number

– your company’s name.

Framework for use of personal data

Your personal data may be used to:

process your customer orders

– respond to your questions as part of our customer service, a B2B request or a press inquiry

– analyse your use of the Website and how you react to our marketing campaigns with a view to improving the products and services we offer

– send you commercial information and offers in relation to new or existing Naga Coffee products and services

– propose a personalised service and offers to you by e-mail, telephone or via the website

– send you our newsletters if you have subscribed (you can unsubscribe at any moment by clicking on the link at the bottom of each newsletter or by sending an e-mail to info@naga.coffee).

Transmission of personal data

Your personal data may be transmitted:

– to the different companies making up Naga Coffee which may use your personal data to send you commercial information and offers

– to some of our service providers such as DPD, bpost and Stripe, who help us process your orders, deliver your parcels, process your payments, send you commercial information and offers and analyse your use of our Website (our service providers also have to respect personal data protection legislation in force)

Your rights

If you have an account on the Website, you may ask to receive a file containing all of the personal data we have in relation to you, including the information you provided to us. You may also ask for your personal data to be deleted. This does not cover any data stored for administrative, legal or security purposes. You can let us know by mail at info@naga.coffee.

Security of your data

We have the appropriate technical and organisational security measures in place to protect your personal data from being destroyed accidentally, unlawfully or without authorisation and from being lost, changed, accessed, disseminated or used. However, the inherent nature of the internet is such that we cannot guarantee that the communication between you and the Company or the personal data stored are fully secure. We will inform you of any data breach which is likely to have negative consequences for your private life in keeping with the applicable law.

Storage of your personal data

All of the personal data linked to the processing of orders through the online store of the Website are retained for a period of 6 years. For data in relation to data subjects who are not customers this period is 3 years from the last active contact with the Company.

In general, your personal data will be retained for as long you make use of the Website or until you have deleted your account. Please note that once you have deleted your account, your comments / remarks may be retained by the Website. If you wish to delete this information, please get in touch with us at the address above.

Update of our confidentiality policy

We reserve the right to change our confidentiality policy. All of the changes enter into force from the date of publication, unless stated otherwise.

3. Cookies

We use cookies to improve our website and your browsing experience. Cookies are small text files that our website stores on your computer or mobile device.

We store essential cookies that are needed for our website to run properly and functional cookies to improve your browsing experience, for example by saving your shopping basket. These cookies can be stored without your consent. Blocking these cookies via your browser settings will impact the proper functioning of our website or some of its components.

When you have given your consent for the use of cookies on our landing page, we will also store analytical cookies that provide us valuable insights on your browsing behaviour in order to improve our website as well as social media plug-in cookies. You can always view and delete these cookies or amend your cookie preferences via your browser settings.

4. Hyperlinks

The Website contains links to other websites. The Company cannot be held responsible for the availability or the content of these other websites or for any article that they contain or that can be obtained via them. Any link to another website or any reference to the information, products or services provided by these third parties does not under any circumstances imply that the Company approves of these websites or their content. Any comments or queries concerning other websites should be sent directly to the party responsible for the website in question.

The Company reminds users that the creation of any link towards the present Website’s homepage or any other page is subject to the Company’s express, prior and written consent.

5. The Company’s right of ownership

The Website and any software required to use it may contain information that is confidential and protected by current intellectual property legislation or other legislation. As such, unless mentioned otherwise, the intellectual property rights to the documents contained on the Website and any other content generated for this Website are the exclusive property of the Company, which does not grant any permission or rights to do anything other than consult the Website.

The reproduction of any documents published on the Website is only authorised if this is performed exclusively for personal or private use. Reproduction and use of duplicates created for any other purpose is expressly forbidden. It is also forbidden to copy, modify, create derivative works, reverse-engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law), sell, attribute, sub-licence or transfer in any way the rights attached to the software.

Likewise, it is also forbidden to modify the software or to use modified versions of the software, above all (including but not limited to) with a view to obtaining unauthorised access to the service and accessing the Website by any means other than the interface supplied to the web user by the Company for this purpose.

15. Enforceability of the general terms and conditions

Any order made by the Customer and all deliveries made by the Vendor imply full and unconditional acceptance by the Customer of the present terms and conditions of sale to the exclusion of any other documents such as the Customer’s own general terms and conditions, or any brochure, catalogue, etc, which are only to be taken as a guideline.

The parties expressly agree that the present general terms and conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.

The cancellation or inapplicability of one of the clauses of the general or particular terms and conditions has no effect on the whole of the other provisions in the general and particular terms and conditions, which remain valid and applicable.

The fact that the Customer has not received the present general terms and conditions in his/her native language does not exempt him/her from applying them.

The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature.

The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sum due for fulfilling that order is payable.

The Vendor reserves the right to change its general terms and conditions without personally informing the Customer and without the Customer being entitled to claim any compensation whatsoever. It is incumbent on the Customer to check periodically whether or not changes have been made. The Customer may copy or print the present general terms and conditions of sale as long as s/he does not alter them.

16. Applicable law and disputes

The present contract is governed by Belgian law.

Any complaints must first be registered with our customer service department using the email info@naga.coffee. The Customer should first contact the Vendor with a view to obtaining an amicable solution.

Any disputes shall be settled under Belgian law by the Nivelles courts, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.