By accessing the HEY KAY website, you acknowledge that you have read and understood the terms and conditions of use set out below and that you expressly agree to them. If you do not accept these terms, please do not use this website.
The website with the domain name heykaysoda.com, including all subpages and any other digital content, is the property of HEY KAY, a brand of Aquela Kombucha Unipessoal Lda, NIF 515030384, with its registered office at R. Dona Amélia Moutinho Alves 775, 4425-642 Pedrouços, Portugal.
All information and content made available on this website, including images, videos, text, information, logos, graphic design, or any documents contained herein, are the industrial and intellectual property of HEY KAY or third parties who have authorised their inclusion, and may not be used outside of the permitted conditions. Unless otherwise provided by law, it is expressly prohibited to copy, store, reproduce, alter, transmit, distribute, sell, or otherwise make available to third parties the information provided on this website, except for personal and non-commercial use. Any use of the information, particularly when authorised, must always cite the respective source.
Any attempt to alter or upload information, or any other action that may cause damage or put the system at risk, is strictly prohibited and may be punishable under applicable law.
HEY KAY provides information about the company on this website, aiming to ensure that it is accurate, relevant, complete and up to date. However, HEY KAY cannot guarantee the absence of errors and/or omissions, and will correct them as soon as they are reported and/or come to our attention.
The information contained on this website does not constitute an offer or recommendation by HEY KAY, and any decision based on this information is the sole responsibility of the user.
At HEY KAY, our goal is to minimise any inconvenience caused by technical errors. However, some data or information on this site may have been created or structured in files or formats that are not error-free, and we cannot guarantee that the service will be uninterrupted or free from such issues. HEY KAY accepts no responsibility for any issues arising from the use of this site or any external sites linked to it.
This website is governed by the internal regulations and policies of HEY KAY, as well as by applicable Portuguese and European Union legislation. Please be aware that if you access this site from outside Portugal, specific local rules may apply. However, in the event of any doubt regarding the interpretation of these terms and conditions, or in the event of a dispute, Portuguese law shall always apply, and the courts of the Judicial District of Porto shall have exclusive jurisdiction.
Data Protection, Privacy and Information Security Policy
Commitment to Data Protection, Privacy and Information Security
HEY KAY complies with all applicable national and European Union legal standards regarding data protection, privacy, and information security.
As part of its Personal Data Protection and Information Security System, HEY KAY is committed to ensuring regulatory compliance and demonstrating institutional accountability regarding data protection and information security, by implementing all technical and organisational measures necessary to comply with the applicable data protection legal framework.
Within this framework, HEY KAY also commits to maintaining the confidentiality of the personal data for which it is responsible, in accordance with this data protection and privacy policy. Consequently, it ensures compliance with all applicable confidentiality rules, requiring the same from all its employees and suppliers. This includes the adoption of appropriate conduct and the implementation of necessary measures to achieve the same level of compliance, ensuring that all individuals authorised to process personal data have entered into a confidentiality agreement or are subject to appropriate legal obligations of confidentiality.
Personal data: information relating to an identified or identifiable natural person (data subject); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier. Examples of personal identifiers include a name, an identification number, location data, online identifiers, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Cookies: small text files containing information deemed relevant, which are loaded by the devices used to access the internet (computers, mobile phones or other mobile devices) via the web browser when a site is visited by the Customer or User.
Aquela Kombucha Unipessoal Lda, trading as HEY KAY, with its registered office at R. Dona Amélia Moutinho Alves 775, 4425-642 Pedrouços, Portugal, registered at the relevant Commercial Registry Office under the single registration and legal entity number 515030384, hereinafter referred to in this document as HEY KAY, is the entity responsible for the website heykaysoda.com and for the software applications, hereinafter referred to as channels or applications, through which Users or Customers have remote access to HEY KAY products, which are presented and sold through them at any given time.
The use of our channels or applications by any User or Client may involve the processing of personal data. The protection, privacy and security of this data are ensured by HEY KAY, as the entity responsible for such processing, in accordance with this Data Protection and Privacy Policy.
To get in touch or exercise your rights, you can contact HEY KAY by emailing hi@drinkheykay.com. Please describe the nature of your request and provide an email address, telephone number, or postal address where you would like to receive a response.
HEY KAY only processes the personal data strictly necessary for providing information and ensuring the operation of its channels, in accordance with how they are used by our Users or Clients.
To this end, HEY KAY collects this personal data directly from Users and Customers who provide it for the purpose of registering orders or requesting information.
In particular, the use or activation of certain channel features may involve the processing of various direct or indirect personal identifiers, such as name, address, contact details, device addresses, or geographical location, provided that the User or Customer has given their express consent for this purpose.
Personal data collected by HEY KAY is processed electronically, in some cases automatically, including file processing or profiling, within the scope of managing pre-contractual, contractual, or post-contractual relationships with Users or Clients, in accordance with applicable national and European Union regulations.
The categories or types of personal data processed may include, among others that prove necessary and are collected lawfully, the following: full name, tax identification number, identification document number, date of birth, address, town/city, postcode, country, country code, telephone numbers, email addresses, etc.
In all cases, Users or Customers will always be informed of the need to collect such data in order to access the features of the relevant channels.
All data processing operations comply with the fundamental legal principles of data protection and privacy, namely lawfulness, fairness, transparency, purpose limitation, data minimisation, storage limitation, accuracy, integrity and confidentiality. HEY KAY is available to demonstrate its accountability to the data subject or any other third party with a legitimate interest in the matter.
All data processing operations carried out by HEY KAY have a legal basis, namely the data subject's consent, the necessity for the performance of a contract or pre-contractual measures with the data subject, as well as the need to comply with a legal obligation or the legitimate interests pursued by HEY KAY or by third parties.
All personal data processed within the scope of HEY KAY's channels are intended exclusively for providing information to Users, as well as for the provision of services contracted by Customers, and, in general, for managing the pre-contractual, contractual or post-contractual relationship with Users or Customers.
The personal data collected may also, where applicable, be processed for statistical purposes, for the dissemination of information or promotional activities, and for commercial or marketing purposes, namely to promote new features or products through direct communication, whether by post, email, text message, telephone, or any other communication service.
Provided that prior information and express authorisation for these purposes have been ensured, Users or Customers may, at any time, exercise their right to object to the use of their personal data for purposes other than the management of the contractual relationship, such as for marketing, the sending of informative communications, or inclusion in mailing lists or information services, by sending a written request via email to HEY KAY in accordance with the procedures indicated below.
Personal data will only be kept for as long as is necessary for the purposes for which it was collected or subsequently processed, ensuring compliance with all applicable legal archiving requirements.
HEY KAY uses cookies on its website, in accordance with the Cookie Policy available at heykaysoda.com.
The provision of information or services by HEY KAY to its Users or Clients via its channels may occasionally involve the use of services from third-party subcontractors, including entities based outside the European Union, for the provision of certain services, which may result in these entities having access to the personal data of Users or Clients.
In such circumstances, and whenever necessary, HEY KAY will only engage subcontractors that provide sufficient guarantees to implement appropriate technical and organisational measures, ensuring that processing meets the requirements of applicable regulations. These guarantees will be formalised in a contract between HEY KAY and each of these third-party entities.
Except where required to comply with legal obligations, Users' or Customers' personal data will not, under any circumstances, be shared with third parties other than subcontractors or legitimate recipients, nor will any other communication be made for purposes other than those mentioned above.
Any transfer of personal data to a third country or an international organisation will only be carried out in compliance with legal obligations or where the fulfilment of applicable national and European Union legal standards in this area is guaranteed.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing, as well as the risk of varying likelihood and severity for Users or Clients, HEY KAY and all its subcontractors implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
To this end, various security measures are adopted to protect personal data against unauthorised disclosure, loss, misuse, alteration, processing or access, as well as against any other form of illicit processing.
Users or Clients are solely responsible for keeping their access codes confidential and must not share them with third parties. In particular, when using software applications to access our channels, users must keep their access devices secure and follow the security practices recommended by manufacturers and/or operators, including the installation and updating of necessary security software, such as, but not limited to, antivirus applications.
Should it be necessary to subcontract services to third parties that may have access to Users' or Clients' personal data, HEY KAY's subcontractors will be required to implement the necessary organisational and technical security measures and protocols to protect the confidentiality and security of personal data, as well as to prevent unauthorised access, loss, or destruction of personal data.
Users and customers of HEY KAY may, as data subjects, exercise their data protection and privacy rights at any time, including the rights of access, rectification, erasure, portability, restriction of or objection to processing, in accordance with and subject to the limits set out in applicable regulations.
Any request to exercise data protection and privacy rights must be submitted in writing by the data subject to HEY KAY, in accordance with the procedure and contact details outlined below.
Users and customers of HEY KAY have the right to lodge a complaint, either by recording it in the Complaints Book or by filing a complaint with the relevant supervisory authorities. You are also welcome to send suggestions via email to hi@drinkheykay.com.
HEY KAY has implemented an incident management system for data protection, privacy, and information security.
Should any User or Customer wish to report a personal data breach that results in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed, they may contact HEY KAY via the email address hi@drinkheykay.com.
To ensure its continuous update, development and improvement, HEY KAY may, at any time, introduce any changes it deems appropriate or necessary to this Data Protection and Privacy Policy, ensuring they are published across our various channels to guarantee transparency and keep Users and Clients informed.
The terms of the Data Protection and Privacy Policy complement the terms and conditions of use for HEY KAY channels.
By voluntarily, specifically and knowingly providing your personal data, you acknowledge and accept this Policy and provide express consent for its processing in accordance with the rules defined herein.
To exercise any rights regarding data protection, privacy, or information security, or for any related enquiries, Users and Customers of HEY KAY may contact us via email at hi@drinkheykay.com, describing the nature of the request and providing an email address, telephone number, or postal address for our response.
Like most websites, this site uses small data files known as cookies to improve and optimise your browsing experience.
Below you will find detailed information about what cookies are, the types of cookies that exist, which ones are used by this website, how you can disable them while browsing, and how you can block the installation of third-party cookies.
By clicking 'Accept', you consent to the use of cookies on our website on your computer or mobile device.
By continuing to browse our site, you are also consenting to the use of cookies.
If you do not wish to accept them, you should disable them as explained below, bearing in mind that this may prevent access to certain site features or the receipt of personalised information.
You can choose to be notified about the receipt of cookies at any time via your web browser settings.
Cookies are small text files sent to your browser by the websites you visit. They help the site remember information about your visit, storing only details related to your preferences. Installing cookies helps the site recognise your device on your next visit.
In this policy, we use the term 'cookies' to refer to all files that collect information in this way. The cookies used do not collect information that identifies the user. Cookies collect generic information, such as how users arrive at the site, the language they use, how they use the site, or the region from which they access the site, among other things.
Cookies help determine the usefulness, interest and number of visits to websites, allowing for faster and more efficient browsing by eliminating the need to repeatedly enter the same information.
We use different types of cookies for various purposes:
Strictly necessary cookies (essential) These enable you to browse the website and use its features, as well as access secure areas of the site. Without these cookies, the services you have requested cannot be provided. Some cookies are essential for accessing specific areas of this website.
Analytical cookies These are used to analyse how visitors use our website and to monitor its performance. This allows us to provide a high-quality experience by tailoring our site's offerings and quickly identifying and fixing any issues that may arise. For example, performance cookies are used to track which pages are most popular, which method of linking between pages is most effective, and to determine why some pages may be displaying error messages. These cookies are used exclusively for the creation and analysis of statistics, without ever collecting personal information.
Google Analytics: this website uses Google Analytics 4, an analytics service provided by Google Ireland Limited, to measure the number of visits and understand how the site is used (for example, which pages are viewed most and how long each visit lasts). Google Analytics sets the following cookies: _ga, which distinguishes visitors, and _ga_NQE0MLJQYW, which stores the session state, both with a duration of 2 years. To find out how Google processes this data, see policies.google.com/privacy.
Functionality cookies These store your site preferences, so you don't have to reconfigure the site each time you visit.
Third-party cookies These measure the success of applications and the effectiveness of third-party advertising. They may also be used to customise a widget with user data.
Furthermore, cookies can be:
Persistent cookies: these are stored for a variable period on your device's internet browser (computer, mobile phone or tablet) and are used whenever you revisit the website. They are generally used to tailor navigation to the user's interests, allowing for a more personalised service.
Session cookies: are temporary and remain in your browser's cookie file until you leave the website. The information obtained helps us identify issues and provide a better browsing experience.
If you prefer, you can stop your browser from accepting cookies, or stop accepting cookies from a particular service.
All modern browsers allow you to change your cookie settings. You can usually find these settings in the 'Options' or 'Preferences' menu of your browser.
Please refer to your browser's help section to learn more about how to enable 'private mode' or block specific cookies on this site:
Internet Explorer: Tools → Internet Options → Privacy → Settings. For further information, please refer to Microsoft support or the browser's Help section.
Firefox: Tools → Options → Privacy → History → Custom settings. For further information, please refer to Mozilla support or your browser's Help section.
Chrome: Settings → Show advanced settings → Privacy → Content settings. For further information, please refer to the Google Help Centre or your browser's help section.
Safari: Preferences → Security. For further information, please refer to Apple Support or the browser's Help section.
Some features and services may be disabled or behave differently than expected, such as staying logged in, keeping items in your 'shopping basket' for e-commerce services, or receiving information tailored to your location, among other things.
If you disable cookies on this site, you may lose access to certain areas, or your browsing experience may be noticeably impaired.
HEY KAY is not responsible for the content or accuracy of the third-party cookie privacy policies included on this website.
As an additional safeguard, the recording of cookies on this site may be subject to the user accepting them during their visit, or to the installation or update of the browser being used. This consent can be revoked at any time via the content and privacy settings mentioned earlier in this cookie policy. All modern browsers allow you to change your cookie settings. These settings are usually found in the 'Options' or 'Preferences' menu of your browser.
HEY KAY may update this cookie policy in response to legal or regulatory requirements, or instructions from any European data protection authority, so we recommend that users check it periodically.
When significant changes are made to this cookie policy, users will be notified via the website.
These General Terms and Conditions of Sale apply to all customers (hereinafter "Customer" or "Customers") wishing to purchase products via the heykaysoda.com website (hereinafter "Hey Kay").
Please read these terms and conditions of sale carefully. By using this website or placing an order through it, you acknowledge that you are bound by these terms in their entirety. If you do not agree to all of these terms, you should not use this website.
These terms may be changed without prior notice. The terms in force at the time the contract is entered into will apply.
This website is operated under the trading name HEY KAY by Aquela Kombucha Unipessoal Lda, with its registered office at R. Dona Amélia Moutinho Alves 775, 4425-642 Pedrouços, Portugal, registered at the relevant Commercial Registry Office under the single registration and legal entity number 515030384.
Any information or data provided by Customers will be processed in accordance with HEY KAY's Privacy Policy. By using this website, the Customer consents to the processing of such information and data, and warrants that all information or data provided is true and accurate.
Please use this site only for lawful enquiries or orders. Should an order be deemed to have illicit purposes, HEY KAY is authorised to cancel it and inform the relevant authorities.
Please provide accurate and truthful information required to process your order, and consent to its processing.
Confirm, and provide proof if necessary, that you are of legal age and/or have the legal capacity to enter into contracts.
The HEY KAY online shop offers packs featuring a variety of flavours.
All options are available as a one-off purchase.
All product orders are subject to stock availability.
If we are unable to supply an item on time, we will notify you of its unavailability within 5 days of becoming aware of the issue. Any payments already made for unavailable products will be refunded within a maximum of 30 days.
Without prejudice to the previous clause regarding product availability, and barring extraordinary circumstances, HEY KAY processes and dispatches online store orders from Monday to Thursday, for orders placed by midnight on the day immediately preceding dispatch.
Orders are delivered by courier to mainland Portugal within 48 hours of dispatch to the address provided by the customer, who will receive a shipping confirmation email ("HEY KAY - Shipping Confirmation"). Please note that orders received after 12:00 on Thursday will only be processed the following Monday.
Notwithstanding the above, delays or failures in delivery may occur due to unforeseen circumstances or events beyond the control of HEY KAY and our contracted delivery services (force majeure).
In both cases, the customer will be informed of the circumstances and will have the option to proceed with the purchase by setting a new delivery date, or to cancel the order and receive a full refund of the amount already paid.
The order is considered fulfilled upon signature of the proof of receipt on the delivery note at the specified address.
If the courier is unable to deliver the order to the address and on the date specified by the Customer, HEY KAY will contact the Customer to reschedule delivery for the following working day. If the second delivery attempt is also unsuccessful, the Customer will be charged for the transport costs of each subsequent delivery attempt, starting from the third. In this case, the Customer will be asked to contact HEY KAY to reschedule the delivery and settle any outstanding amounts.
The Customer acquires ownership of the products upon delivery, as defined in the previous clause, with the risk of the products transferring to the Customer from that moment onwards.
The price of each product will be as indicated on this website at any given time.
Prices on this site include VAT but exclude delivery charges, which will be calculated during the checkout process.
Prices may change at any time, but changes will only apply to new orders.
You can pay via VISA, Mastercard, MB WAY and PayPal.
All purchases made through this website are subject to the applicable Portuguese Value Added Tax (VAT).
Due to the sensitive nature of the products sold in the HEY KAY online store, the right of withdrawal does not apply and product returns are not accepted.
It is also not possible to cancel an order once it has been confirmed and finalised. However, HEY KAY will endeavour to accommodate the customer's request wherever possible, so any such situation should be communicated via our customer support email, hi@drinkheykay.com.
If, at the time of delivery, the product does not comply with the terms of the contract, or in the event of a faulty product, or packaging that is damaged, tampered with, torn or otherwise compromised, the Customer must refuse the delivery from the courier, noting the refusal due to damage on the delivery note, and immediately contact HEY KAY via our customer support email, hi@drinkheykay.com, submitting a formal complaint with the order details and the identified defects, after which HEY KAY will inform the Customer on how to proceed.
If a damaged parcel is accepted, HEY KAY will not accept any responsibility for it.
This website and the online sales policy of HEY KAY comply with all applicable national and European Union legal standards regarding data protection, privacy, and the security of customers' personal information, in accordance with the Privacy Policy available at heykaysoda.com.
HEY KAY collects and processes personal data exclusively for the purposes of using, registering, and managing purchases, as well as for communicating the products and services it provides. The processing of this data is based, as applicable, on the contractual relationship, the consent of the data subjects, or the pursuit of legitimate interests.
Personal data processed in connection with online sales by HEY KAY will be retained for the period necessary to fulfil the purposes of the processing, in compliance with legal time limits. Customers may, at any time, request the withdrawal of consent, object to or restrict processing, or exercise any other data protection rights.
HEY KAY makes it easy for customers who use our website for online shopping to exercise their rights regarding personal data protection. In addition to the right to lodge a complaint with the relevant supervisory authority, data subjects may contact HEY KAY via email at rgpd@drinkheykay.com for any information or to exercise any data protection rights, including the rights to information, access, rectification, objection, restriction of processing, or erasure. Please describe the nature of your request and provide an email address, telephone number, or postal address for our response.
The Customer acknowledges and agrees that all copyright, trademarks and other intellectual property rights in the materials or content made available on the website are, at all times, the property of HEY KAY, and may only be used in the manner expressly authorised.
Applicable law requires that some of the information or communications sent by HEY KAY be in writing. By using this website, you accept that communications from HEY KAY may be electronic. Consequently, HEY KAY will contact you by email at the address provided during the checkout process, or will provide information via notices posted on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications sent electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Customer notifications should preferably be sent using the contact form available on the website. Unless otherwise stated, HEY KAY will send notifications to the Customer via email, to the address provided during the purchase process.
Notifications are deemed received and successfully delivered the moment the Client accesses the HEY KAY website, or 24 hours after an email has been sent.
The failure of HEY KAY to require strict performance by the Client of any of the obligations assumed under a Contract or these Conditions, or the failure to exercise any rights or remedies arising from such Contract or these Conditions, shall not constitute a waiver or limitation of those rights or remedies, nor shall it release the Client from the fulfilment of their obligations.
If any of these Conditions or any provision of a Contract is held to be invalid, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such invalidity.
These Terms and any documents expressly referred to constitute the entire agreement between HEY KAY and the Customer regarding the subject matter of the Contract, and supersede any prior agreement or promise, whether verbal or written, concerning the same subject matter.
Use of the HEY KAY website and any purchase contracts concluded through it are governed by Portuguese law.
In the event of a dispute, the customer may use one of the following Alternative Dispute Resolution entities: the Consumer Conflict Information, Mediation and Arbitration Centres for the Ave Valley, Cávado Valley, Porto, Coimbra, Lisbon and the Algarve, or the National Centre for Information and Arbitration of Consumer Conflicts (email cniacc@fd.unl.pt). Contact details for these entities can be found at www.consumidor.pt or www.arbitragemdeconsumo.org, or by calling 707 788 787.