Contract Conditions

Introduction

These contract conditions have been drawn up taking into account the Royal Legislative Decree 1/2007 of November 16 and its modifications regarding laws on consumers and users.

They regulate the relationship between consumers (buyers through our website) and our company as the owner of the website and as the seller. They also take into account  Law 7/1998 of April 13 on general contract conditions and the specific regulation that regulates the profession of the seller.

The contract that governs our relationship is the OFF-PREMISE SALES CONTRACT, regulated in Royal Legislative Decree 1/2007 of November 16 on consumers and users, modified by law 3/2014 of March 27.

FAST EUROCAFÉ, S.A.U. may, at any time and without prior notice, modify these General Conditions by publishing modifications on the website so users are made aware of them before visiting the website or when acquiring goods offered by the website, thus complying with the obligation to inform as required by law.

This contract shall be governed by Spanish law, specifically by the aforementioned Law on Consumers and Users, as well as other legislation affecting consumers and users, which shall be applicable to all matters not provided for in this contract regarding construction, validity and performance.

It also considers the Law on General Contract Conditions and the current Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications center transposed in Spain through Law 34/2002. If issues that are not regulated are raised, the Spanish Civil Code will apply as a subsidiary rule.

The language of the general contract conditions and that governs what is agreed in these conditions is SPANISH. In the event that they are translated and in the event of a discrepancy, the Spanish language shall prevail.

As a general compulsory rule for the website user, and before starting with the frequently asked questions that will govern these general conditions, the user/buyer obliges to:

  • In the case of registration, the user is obliged to provide true data and keep them updated. This obligation is included as a basic principle of Spanish Organic Law 3/2018 of December 5 on Data Protection and Guarantee of Digital Rights.
  • Do not enter, store or disseminate, within or from the website, any information or material that is defamatory, offensive, obscene, threatening or xenophobic, that encourages violence or discrimination due to reasons of race, sex, ideology, religion or that, in any way, goes against public order, fundamental rights, public freedom, honor, privacy or the image of third parties and, in general, current laws.
  • Do not enter, store or disseminate, via the website, any computer program, data, virus, code, hardware or telecommunication equipment or any other instrument or electronic or physical device that may damage the website, services, equipment, systems or networks of www.cafesoquendo.com  or of any user, suppliers or of any third party in general, that may alter them or impede their normal functions.
  • Do not carry out advertising, promotional or commercial exploitation activities through the website, not use the contents and specifically the information obtained through the website to send advertising or messages for direct sale purposes or for any other commercial purpose, nor to collect or store personal data of third parties.
  • Do not use fake identities, nor impersonate others in the use of the website or in the use or acquisition of any of the products, including the use of passwords or access codes of third parties or in any other way.

Do not enter, store or disseminate through the website any content that infringes intellectual or industrial property rights or business secrets of third parties, nor in general any content of which it does not have, in accordance with the law, the right to make it available to third parties.

Users

Accessing the website www.cafesoquendo.com implies that you accept you are a user and you accept the conditions of use and compliance with legal regulations that apply to this website. User responsibility includes:

  1. Lawfulness and veracity of the data provided in the forms in which you are asked for personal data to proceed with the sale and purchase operation through the website.
  2. Correct use of information and content offered on the  www.cafesoquendo.comwebsite in accordance with applicable national and international regulations.
  3. Some forms may request an e-mail address to send you notifications and improvements about the website. You may sometimes receive advertising about new items you may be interested in as a user. You will be asked, in accordance with the law, if you would like to receive advertising from our company and/or information about new products. If you do not enter your email address, you will still be able to browse the website and make purchases.

Characteristics of products offered

All products we sell through our website have a series of characteristics and elements in common in terms of quality and materials.

The material we sell is displayed using the photographs we upload to our website. These photographs are as close to reality as possible.

If you need detailed information about a product, do not hesitate to contact us via the methods made available on our website.

Specific conditions for product sales

Requirements

The minimum order to make a purchase on our website is 13€.

During the entire purchasing process, you can contact us with your questions or concerns over the phone or via e-mail. Our customer service telephone number is +34 985 260 046 and is open from 8:00 am – 2:00 pm and from 4:00 pm to 7:00 pm. Our email address is: tienda@cafesoquendo.com

Prices

The price of each product is listed on the website and is the one posted on our online shop. All prices include VAT. If there is a typographical error, it will be solved by updating the final price upon order confirmation.

Since this error is ours, you will be given the option to cancel your order.

In this case, if your credit card has been charged, you will receive a full refund.

In compliance with current laws, the total final price includes all purchase expenses associated with the product. This includes taxes and shipping and handling fees.

Availability

As a general guideline, 90% of the products offered in our online store are in stock.  Nevertheless, if we did not have the product offered in stock at the time of order, we will notify you as soon as possible via email.

If there is a delay due to the unavailability of the product, you may cancel your order or choose a different product.

If your credit card has been charged, we will refund the full amount charged for this order without any cost to you.

Payment methods

General guidelines on the security of internet payments

As a general guideline for payment systems, it is worth highlighting that all areas related with order processing and MY ACCOUNT are protected through SSL protocol, which protects from unauthorized access. If the URL in the address bar of your browser starts with http://, that means it is a secure area.

Our online shop accepts the following payment methods:

Card:

FAST EUROCAFÉ, S.A.U. guarantees that paying with a credit card is 100% secure. We work with reputable banks in order to ensure that this system is as secure as possible.

Once your purchase data has been verified, your purchase is carried out in real time through the payment gateway of the corresponding entity.

Operations carried out through banks are completed in a secure environment. All the information you give us travels encoded to the financial entity over the network.

Your credit card data is not stored in our databases. It is only used by the POS (Point of Sale Terminal).of the bank through the virtual payment gateway.

Payments made with a credit card are subject to verification and authorization by the issuing entity. If said entity does not authorize payment, FAST EUROCAFÉS.A.U.is not held liable for potential delays, hold-ups, undelivered items, or not being able to finalize the contract with you.

Credit card fraud is a crime, which is why FAST EUROCAFÉ, S.A.U. will take the necessary legal actions against any person or entity that makes payment with a bank card in a fraudulent way.

FAST EUROCAFÉ, S.A.U. reserves the right to make the necessary verifications and take any measures deemed necessary (including order cancellation) to ensure the order is received by the customer, so the merchandise will be delivered according to the data sent by the customer.

If credit card payment is not allowed, this may be for a number of reasons. Check to see if it is one of the reasons listed below:

  • Your card’s expiry date
  • That all the numbers on your card were entered, without errors
  • That you exceeded your spending limit, you must check this with your bank.

Paypal

When you choose this system, the PayPal payment platform will open. From that moment on, payment for our products is regulated by the specific conditions of the PayPal platform.

Payment by installment

You only pay the first installment. Afterwards, you will receive your order and the remaining payments will be charged automatically to your credit card according to the established installments.

The cost of this service is located under the purchase button of the product card, where there is an installment simulator where you can preview your installments.

Cash on delivery

Cash on delivery is a payment method that is valid only for deliveries to Spain, except the autonomous cities of Ceuta and Melilla and the Canary Islands. Payment is made in cash when the item is delivered by a delivery services company selected by FAST EUROCAFÉ, S.A.U.

Payment is made per order.

Delivery policy

For orders made on this website, our company ONLY sells and delivers orders to SPAIN, and this does not include the autonomous cities of Ceuta and Melilla and the Canary Islands.

We request you check the shipping fees to ensure they meet your needs. Shipping costs associated with your order depend on where the package is being sent. For your convenience, we will indicate the costs beforehand so you can accept the order. Said charge will be added to your order and charged through the system you have chosen as a payment method.

To receive your order, you must provide us with a mailing address where you can receive our order. If your order is a gift for another person, we understand that you have the authorization you need to provide us with the information we need to complete the order. We are not responsible for the transmission of said data.

The customer is obliged to provide FAST EUROCAFÉ, S.A.U. with the required information of the addressee. FAST EUROCAFÉ, S.A.U. shall not be responsible if there is a lack or error in the information. FAST EUROCAFÉ, S.A.U. shall also not be responsible if re-issuance is needed because of this error. The increase in shipping costs will be charged to the customer.

All our items are shipped by a delivery service company. You can use their logistics platform to track your order at any time. This service uses text messaging or email to notify you on the exact location of your order at any time.

All our deliveries will be sent within a maximum of 24 and 72 hours. Deliveries take place on business days. Weekends, local and/or national holidays after receiving and confirming your order are not included in delivery time. If we do not have the item in stock, we will notify you by email and therefore the delivery time cannot be calculated until the order has been confirmed. Weekends and local and/or national holidays in the customer’s country of residence are not considered as delivery days.

If your delivery is made by a private delivery service company and this company has a tracking system for your order, we will send you the tracking number so you can use the company’s system to check the status of your delivery.

Right of withdrawal

According to article 107 of Royal Legislative Decree 1/2007 of November 16, and in relation to the provisions of Article 102 of Law 3/2014 of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the customer shall have the right to withdraw from the order requested within a period of fourteen (14) calendar days from the day following receipt thereof by sending a document stating your intention to return it to FAST EUROCAFÉ, S.A.U.  (Right of withdrawal form)

In Annex 1 of these conditions, there is a model withdrawal form. If you need it, all you have to do is fill it out and send it to us.

Exemptions from the right of withdrawal

The right of withdrawal is not applicable to contracts that refer to:

  1. a) Provision of services after the service has been fully performed if the performance has begun with the consumer’s/user’s prior express consent, and with the acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the trader.
  2. b) The supply of goods or the provision of services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period.
  3. c) The supply of goods made to the consumer’s and user’s specifications or clearly personalized.
  4. d) The supply of goods which are liable to deteriorate or expire rapidly.
  5. e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the consumer after delivery.
  6. f) The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
  7. g) The supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.
  8. h) Contracts where the consumer/user has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods.
  9. j) The supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.

Changes and refunds

The general policy of our company is that the consumer check the following aspects before starting the claim:

  • The product has not been used, is complete and in its original packaging.
  • The product has not been damaged by poor use or storage.

Defects or possible faults in the product must be notified at the time of receipt of the product to (email address); in any case, will be collected at no cost to you and you will be given the option to refund what you have paid or place a new order.

In the event of a refund you must indicate your preferred method: transfer or refund.

Once we receive the delivery, we will make sure it meets the requirements to issue a refund. Once this has been verified, we will send you an email confirming that the refund is ready and that you will receive it in a few days.

Refunds are free on our website.

Taxes applicable to sales on our website.

Our website is Spanish and, therefore, Spanish taxes apply. The final price of the product includes Value Added Tax (VAT). In our case, that is 10% on coffee products and products derived from coffee. 21% VAT is applied to deliveries. For more information, visit: www.aeat.es

In the event of port fees and/or special taxes such as IGIC (Canary Islands general indirect tax), you will be informed in advance of the application of this tax for users residing in the Canary Islands. For more information about this tax, visit: www.gobiernodecanarias.org/tributos/.

Applicable jurisdiction in the event of a dispute

In the event of a dispute to resolve issues relating to your purchase, you as a consumer are entitled to your place of jurisdiction under the law, usually that of your place of residence.

Claim form

Claim forms are available to all our customers. You can request this form from our customer service department over the phone or by email. We will send it to the address of your choice.

The existence of said claim forms does not exclude the consumer from filing a claim in any other legal way.

If the sale is made through a vending machine, the place where claim forms are available will be indicated.

In addition, the European Commission has a platform to resolve online disputes that is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers can file their claims through this online dispute resolution platform.

The website owner’s registered office for notifications

Our company is located at:

FastEurocafé, S.A.U.

Polígono Industrial de Silvota, Llanera, Calle Peña Salón, 46, 33192 Asturias, Spain

Annexes

Withdrawal form

(Fill out and send this form only if you want to exercise your right of withdrawal in relation to this contract.)

To:

FastEurocafé, S.A.U.

Polígono Industrial de Silvota, Llanera, Calle Peña Salón, 46, 33192, Asturias, Spain

I hereby give notice that I want to exercise my right of withdrawal related with my sale and purchase agreement of the following goods:

Purchased on: ________________________________________

Purchase order number: ________________________________________

Consumer name: ________________________________________

Consumer address:

Street / Number: _____________________________ ________

Zip Code / City: ________ ___________________________

Country: ________________________________________

Consumer signature, only if this form is on paper

 

 

These conditions are the first version V2.0 and may be changed by the company, always complying with consumer and user laws and other laws that may affect you due to their scope.