TERMS AND CONDITIONS
Kappa Coffee Private Limited is a private limited company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘Company’) and having its registered office at 27 Aurangzeb Road, New Delhi - 110011. The Company is an Omni-channel coffee products development, manufacturing, and retailing firm. It uses its trademark ‘Cohoma Coffee Company’ name for e-commerce and other retail activities. The Terms and Conditions of use of the Company’s Website/s (hereinafter referred to as ‘T&C’) describes certain terms and conditions to access and use the Website/s of the Company by a visitor or a registered user and order products (hereinafter referred to as the “End User”, “You” or “Your”)
1. Policy for NDNC
You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features and functionality located on this Website. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE.
In the event that You are representing certain individual/s, company/ies, third parties or any entities, in any capacity, then, You expressly confirm that You have the valid authority and the right to do so for and on behalf of them. The Services made available on or through this Website has been made available to You for the specific purpose of enabling Users to purchase highest quality coffees and coffee-based products. By accessing, browsing and using this Website/s, You agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, You are ultimately responsible for determining Your specific requirements.
You are strictly prohibited from unauthorized use of our systems or this Website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
You acknowledge that the Company may disclose and transfer any information that You provide through this Website to (i) our affiliate or information providers, or (ii) if we are legally bound to disclose any information due to compulsions under law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website You agree to such transfers.
You expressly agree and acknowledge that usage of the Website/s may be monitored, tracked and recorded. As such, You expressly consent to such monitoring, tracking and recording.
You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, You implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website.
3. Description of Products and Services
The Company provides an opportunity for You to purchase the high-quality coffee and coffee-based products. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Services. All Products and information displayed on the Website/s constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this T&C document. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You.
The Company, to the best of its knowledge, has displayed or attempts to display on the Website/s as accurately as is possible, details of all its Products. However, some details like colours, etc. visible to You are solely dependent on the screen of Your device. Hence, no guarantee is provided by the Company regarding Your visibility of such screen-dependent details on the Website/s. If a Product offered by the Website/s is not as described, Your sole remedy is to return it in unused, unsoiled and resale condition.
4. Your Obligations towards the Products
In addition to Your other covenants in this T&C document, by ordering Product/s on the Website/s You acknowledge and agree that:
(a) for any non-delivery or wrong delivery of the Products by the Company due to error in the information provided by You, any re-delivery cost in addition to the initial cost will be billed to You;
(b) All information provided by You including your contact details, name and address, bank or credit card details are Yours and authentic and there is no misrepresentation or fraudulent act from Your end;
(c) That before placing an order You will check the Product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale included in the item's description.
5. Order for and Supply of Products
(a) You will have to submit Your Order for the purchase of the Product as detailed under the Website/s or you can e-mail us at firstname.lastname@example.org
(b) Once the order is submitted it an express intention to purchase the Product and the same may not be cancelled.
(c) Based on the information provided by You and subject to the Company’s verification of the same, the Orders will be accepted by the Company for processing.
(d) All orders will be processed once the Company receives the payment for the Product.
(e) All orders will be confirmed via e-mail.
(f) The Company will use its best efforts to ensure that order placed by You is successfully processed subject to the availability of the Product/s. In the event the Product/s is sold out or unavailable, the Company will intimate You regarding the same and either refund Your money or provide you with an opportunity to purchase a different Product of the same value.
6. Pricing and Payment
(a) The prices for Product/s are described on the Website/s and are incorporated into these terms by reference. All prices are in Indian rupees. The prices, products and services are subject to change at the Company’s discretion.
(b) All prices mentioned clearly indicate whether or not they are inclusive of applicable government taxes. Where prices are exclusive of taxes, the final amount with tax will be displayed before payment is requested.
(c) In the event of any inadvertent mistake by the Company in quoting the price, the Company will notify You of the error before Your payment is processed. You will then have the choice to either accept the correct price or to cancel Your Order.
(d) The Company accepts the following form of payments: a) Online payment via Credit Card, Debit Card, Net Banking b) Cash on Delivery on limited locations
(e) You agree, understand, confirm and state that the card details provided by You to transact on the Website will be correct, accurate and that the card is owned by You. In the event You use a card belonging to any third party, then, You confirm that you have been authorized to or expressly permitted by such third party to use the card for making payments.
(f) The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
(g) In addition to all other remedies available under law and equity and as detailed under this T&C document, the Company reserves the right to recover the cost of Product/s, collection charges, attorney’s charges etc., from a User using the Website/s fraudulently. Further, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/s and any other unlawful acts or acts or omissions in breach of these terms and conditions.
7. Delivery and Cancellation
(a) The Company expressly disclaims any guarantee of exactness as to the finish and appearance of the final Product/s as ordered by You based on the display on the Website/s. In the rare instance that there are alterations with respect to your Order, the same will be intimated to you by the Company. If you do not agree with the same, the Company will provide you an opportunity to either receive a full refund or a voucher to be redeemed against the purchase of the alternative Product of the same value.
(b) Title and risk of loss for all Product/s ordered by You shall pass on to You upon the Company’s shipment to the shipping carrier.
(c) The Company will make the delivery on a ‘best effort’ basis after acceptance of Your order. Subject to events beyond the Company’s control, the Product/s will be shipped and delivered within 4-7 days of the acceptance of the order.
(d) The Company will communicate the dispatch details to You and will ship the Product/s to the mailing address provided by You while placing the order. If you do not receive the Product/s within a reasonable period of time, You should immediately notify the Company.
(e) You have an obligation to forthwith check the Product/s for accuracy upon receipt of the same.
(f) The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to You. Any such cancellation shall be at the sole discretion of the Company and You will have no right to contest the same. The reasons for cancellation could be due to non-availability of the Product/s, inaccuracy in Product or pricing information or due to reasons of any fraud or wrong usage of payment mechanism adopted by You. Any cancellation will be intimated to You by the Company.
(g) Once an order is placed, cancellations are not permitted. If a customer believes an error has been made, he/she can reach out to the company (before dispatch of said order) on email@example.com. While the Company will make reasonable efforts to accommodate the request, this is at the sole discretion of the Company. Once dispatched, the Company will not entertain any cancellation request from Your end.
8. Legal Uses
Further, You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity.
You understand that You are authorized to access and use the services only for legal and lawful purposes.
You further undertake and state that by using the services You are in no way impersonating or misrepresenting any person or entity. All services availed are for Yourself only. In the event You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in any way to any person or entity.
Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at the Company utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.
The Company may send You communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. Please be informed that you have agreed to receive any type of communication including but not limited to emails, SMS, phone calls from us that is transactional, promotional & informational in nature. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends You revise the same and activate the receipt of alerts to Your proper destination. Changes to Your email address will apply to all of Your alerts.
Any e-mail which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete the said message from Your system and notify us immediately.
You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via internet could be intercepted, corrupted, lost or contain viruses. The Company and the Website therefore does not accept responsibility for any errors or omissions in messages received by You which may arise as a result of internet transmission.
10. Posting on the Website, Blogs, or other Social Media or Public Forums
We, as part of our Product and Service offering, encourage and permit You to post Your messages or content on any publicly available forums (whether on the Website or not), blogs and other locations on the Website.
By using or posting messages or data or any other information on such forums, blogs and other public locations, You expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub licensable right to use, reproduce, distribute, display, modify, amend, perform, etc. of such content or information to promote, modify or redistribute this Website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this Website.
Further, if You intend to use a forum, a blog or any other feature available on this Website or elsewhere, then, You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitting on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a user have chosen to submit on a public platform.
In case of any violation of this condition, then, the Company reserves the right to forthwith stop your participation on such public forums.
11. Intellectual Property
You acknowledge and agree that this Website and any necessary software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any content or software on this Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material is protected by national and international laws relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by the Company You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Website, the Services offered thereto or any software thereto, in whole or in part.
You acknowledge that the entire Website and its contents including the software is owned or duly licensed to the Company and are protected by the Copyright laws in India and under international treaty provisions. All trademarks, service marks, and logos used and displayed on this Website are registered to and/or owned by their respective owners. Nothing on this Company Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks, service marks and logos displayed on the Website, without the prior written consent and permission of the Company or the respective owners.
You may download or print a copy of information provided on this Website for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from this Website in whole or in part for any other purpose is expressly and explicitly prohibited without our prior written consent.
12. Prohibited Activities
You agree NOT to do to the following:
(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, including, but not limited to, officials, directors, employees, agents, authorized representatives, forum leaders, guides or hosts, or falsely state or otherwise misrepresent any information or accounts;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or material transmitted or provided through the Site;
(d) Collect or store personal data about other users;
(e) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(f) Intentionally or unintentionally violate any applicable local, state, national or international law;
(g) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those specific areas that may be designated for such purpose of posting such mails or messages by the Company;
(i) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor this Website, either in whole or part;
(j) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Google Chrome);
(k) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of this Website or the Service.
(l) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(m) You may not interfere with other Users’ use of the Product or Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of this Website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
You agree that any employment or other relationship You form or attempt to form with an employer, employee, or contractor whom You contact through areas of this Website that may be designated for that purpose is between You and that employer, employee, or contractor alone, and not with us.
13. Return, Refund, or Exchange Policy
Our coffee is made fresh for each customer that orders from us. Therefore, once a complete order is delivered, we do not allow returns or exchanges to ensure each customer gets only the freshest coffee each time.
In the rare instance that you get products that are different from those that you ordered, you can write to us at firstname.lastname@example.org to rectify the order. Once the discrepancy is verified by the Company, The Company will offer you two choices via email – to reship your order with the products that you had originally ordered or a full refund. In the event we do not receive any communication from You within 7 days of sending said email, then your opportunity to obtain a refund, or reshipment will lapse.
Refunds are processed in 20 (twenty) working days but in case of payments by Cheque or Demand Draft, additional days may be required to dispatch and for the funds to be credited to your account. This policy is only for customers in India.
14. Security and Privacy
We are concerned about maintaining the confidentiality and privacy of the information that you provide to us, and appreciate your trust and belief that we will do so. Our most important asset is our relationship with you. We are therefore committed to maintaining the confidentiality, integrity, and security of any personal information of visitors to our site. To see our detailed security policy please visit
The content and all services associated with this website or provided through the service are provided to you on an “as-is” and “as available” basis. The company makes no representations or warranties of any kind, express or implied, as to the content or operation of this website or of the service. You expressly agree that your use of the service and purchase of the products is at your sole risk.
The company makes no representations, warranties or guarantees, express or implied, regarding (i) the accuracy, reliability or completeness of the content on this website or (ii) of the service and products and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. The company engages and employ the best methods to safeguard and protect against viruses, infection., etc., however, despite such best efforts, the company makes no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
16. Limitation of Liability
The company shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, business interruption, loss of programs or information, or loss of savings, or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, or inability to utilize the service arising in whole or in part from your access to this website, your use of the service, your purchase of products through the website or this agreement, even if the company has been advised of the possibility of such damages.
17. Indemnity by You
You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this T&C by You, any misrepresentation or misuse of the Products and Service offered to You or any negligent or unreasonable or inappropriate use of the Website or the Services.
All legal proceedings arising out of or in connection with this T&C document shall be brought solely in Ghaziabad, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Ghaziabad. The courts in Ghaziabad shall have the sole jurisdiction regarding the subject matter of this Agreement.
(a) The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
(b) Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.
(c) To the extent that anything in or associated with the Website is in conflict or inconsistent with this T&C, this T&C shall take precedence.
(d) Failure of the Company to enforce any provision of this T&C shall not be deemed a waiver of such provision nor of the right to enforce such provision.