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General Terms and Conditions of Online Contracting/Sale www.fanaticocafe.com Version number: 3. Publication date of version: June 27, 2023. To process an order in the online store 'FANÁTICO CAFÉ', acceptance of the following General Terms and Conditions of Online Contracting/Sale is mandatory: 1. CONTENT AND COMPLIANCE. The General Terms and Conditions of Online Contracting/Sale contained in this document apply to all online commercial transactions carried out through the website www.fanaticocafe.com, a website dedicated to the sale and distribution of roasted and packaged coffees by FANÁTICO CAFÉ and a selection of coffee-related complementary items. “User” refers to any person who accesses, uses, navigates, or contracts the services and/or products offered, whether free or paid, through the Website. Online purchase of products through www.fanaticocafe.com implies the User’s express consent and full agreement with the entire content of these General Terms and Conditions of Online Contracting/Sale, as well as with the Privacy Policy, Cookie Policy, and Legal Notice. Together, all these documents form a single unit, the so-called “Complete Legal Notice.” Therefore, if you do not agree with any of the terms set forth in these documents, please do not use the Website or any of its services. The User may print and digitally store all these documents. It is recommended that the User reads the Complete Legal Notice each time they wish to make an online purchase, as its content may be subject to modifications. Any changes will be duly published and will always be accessible on the Website, referencing the version and publication date. The online purchase service is intended for natural persons acting for purposes unrelated to their commercial, business, professional, or occupational activity. If the User is a legal entity or professional and wishes to purchase products, please contact us via email at [email protected]. 2. IDENTIFICATION OF THE DOMAIN OWNER, SERVICE PROVIDER, DATA CONTROLLER, AND CONTACT METHODS. In compliance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), it is informed that the owner of the domain www.fanaticocafe.com, the company providing services and offering products through it (the SELLER), and the controller of personal data is: RODRIGUEZ Y MATEUS, S.L., with registered office at C/ ALFONSO GOMEZ, 15, 28037 MADRID and Tax ID (CIF) B28577799. The company is registered in the Mercantile Registry of Madrid, Volume 2,576, Book 0, Page 158, Section 8, Sheet M-44899. The trade name under which the company may be known in the market is “FANÁTICO CAFÉ.” To contact RODRÍGUEZ Y MATEUS, S.L. directly: - Postal address: C/ Alfonso Gómez, 15 C.P. 28037 Madrid. - Telephone: + (34) 91 327 12 16. - Email: [email protected]. For exercising personal data protection rights: - Postal address: C/ Alfonso Gómez, 15 C.P. 28037 Madrid. - Email: [email protected]. For complaints or claims: - Postal address: C/ Alfonso Gómez, 15 C.P. 28037 Madrid. - Email: [email protected].
3. ELECTRONIC DOCUMENT All online purchases on www.fanaticocafe.com are subject to these General Terms and Conditions of Online Contracting/Sale, which form part of the sales contract. This implies the User's willingness to contract the acquisition of the products, as well as their express consent and full agreement with the content of these General Terms and Conditions and the Complete Legal Notice. Therefore, if you do not agree with any of the terms of these documents, please do not use our online purchasing platform. Once the online purchase is completed, a delivery note/invoice will be made available to you, indicating the terms and amount of the purchase. Together with these General Terms and Conditions of Online Contracting/Sale, this forms the electronic document that formalizes the contract, without prejudice to the documents that make up the Complete Legal Notice applicable to online purchases (Legal Notice text, Privacy Policy, and Cookie Policy). You may print and electronically save these documents at the time of the online purchase, as the General Terms and Conditions of Online Contracting/Sale and documents published on the date of your purchase will be the ones applicable to you. RODRÍGUEZ Y MATEUS, S.L. will archive each delivery note for purchased products but will not individually archive these Terms and other documents of the Complete Legal Notice for each User. These documents are always accessible through their publication on the Website, with RODRÍGUEZ Y MATEUS, S.L. keeping track of the different published versions, which will govern contracting for each period of publication. The placing of false or fraudulent orders is expressly prohibited, and such orders may be canceled without prejudice to the adoption of appropriate legal measures. Throughout these General Terms and Conditions of Online Contracting/Sale, the various obligations acquired by the buyer and the seller are detailed. 4. LEGAL CAPACITY TO PURCHASE ONLINE. To contract products through the Website, the User must be at least 18 years old, be the owner of the payment method used, and have the legal capacity to contract. If underage or lacking legal capacity, the consent of legal representatives is required. RODRÍGUEZ Y MATEUS, S.L. is exempt from any liability for non-compliance with these requirements and reserves the right to prevent or not fulfill communications or the contracting of its products and/or services due to lack of legal capacity. To verify age and, if applicable, the authenticity of consent from legal representatives, RODRÍGUEZ Y MATEUS, S.L. may use various procedures, including requesting a copy of the identity document and contacting legal representatives to confirm authorization, without which the request cannot be processed. Legal representatives will, in any case, be considered responsible for the actions of the persons under their care, in accordance with applicable law. Impersonation of any kind, adoption of false identities, providing personal data or information of third parties as your own, and the use of payment methods not owned by the User, as well as providing false personal data, are expressly prohibited. The User undertakes to provide only truthful information via the means available on the Website and will be directly responsible for any damage resulting from non-compliance with this obligation, both to RODRÍGUEZ Y MATEUS, S.L. and to third parties. 5. PRICES. All prices displayed on the Website are expressed in euros (€) and include all applicable taxes, in this case, Value Added Tax (VAT), according to applicable legislation. During the online purchase, the total price will be shown, including the applicable taxes and, if applicable, any discounts applied, as well as a breakdown of shipping costs. 6. DISCOUNT CODES. RODRÍGUEZ Y MATEUS, S.L. may provide discount codes for use in online purchases. The discount code will consist of a code to be entered by the User at the moment it is requested during the online purchase process. Each discount code has a limited validity period and is for single use only, meaning it can be used for one purchase only. They are not cumulative. The discount code must be entered exactly as provided, respecting uppercase and lowercase letters if applicable. If you cannot use your discount code for a valid and active promotion, please contact us using the channels indicated in section 2 before proceeding with payment. RODRÍGUEZ Y MATEUS, S.L. reserves the right to prevent the use of a discount code if there are reasons to consider that the User is using it incorrectly, illegally, or fraudulently, without the User having any right to compensation. 7. PAYMENT PLATFORMS AND METHODS. Purchasing products through the Website entails a payment obligation on the part of the User, who may choose among various payment methods. Payments are accepted via bank transfer, credit cards, and payment platforms such as PayPal or Bizum. Charges are made in real-time, once the chosen payment method verifies the correctness of the data, and are subject to verification and authorization by each payment platform. Therefore, if these entities do not authorize the payments, RODRÍGUEZ Y MATEUS, S.L. is not responsible for the failure to complete the online purchase successfully. The security measures applied on the payment platform will be those implemented by each payment provider. For coffee makers priced above one hundred euros, we offer installment payment with seQura, allowing you to pay at your own pace with a small fixed monthly fee. Clear and transparent costs. Only 5 details and instant approval. No paperwork or document upload. Easy, fast, and secure. Select seQura as your payment method and choose the number of installments at checkout. Complete 5 details and receive instant confirmation of your purchase. At the time of purchase, only the first installment is paid. Enjoy your purchase and pay comfortably. Your payments will be made automatically each month. For questions, find answers here. 8. SHIPPING CONDITIONS AND COSTS. We process all orders from Monday to Friday and ship them via express courier (24 business hours), properly packaged. All orders received before 12:00 PM on business days are prepared and scheduled for delivery the next business day. For example: - If you order Monday to Thursday before 12:00 PM, we prepare it immediately, and you will receive your coffee the next day. - If you order Monday afternoon, we prepare it Tuesday, and you receive it Wednesday. - Generally, the longest delivery time occurs for orders placed Thursday afternoon, which are prepared Friday and received Monday. - Lastly, if you order during the weekend (from Friday 12:00 PM), we prepare it Monday, and you receive it Tuesday. Please note that public holidays in Madrid, where the coffee is roasted, prevent us from preparing orders, and holidays in your location may prevent delivery. NATIONAL SHIPPING Currently, we ship to all of Spain. Our shipping costs for the Peninsula are calculated based on the weight of the order, with the following options: Deliveries in Madrid with GLS or MRW within 24-48 business hours: • Up to 1.5 kg: €2.99 • Over 1.5 kg: €3.99 Deliveries in Peninsular Spain with GLS or MRW within 24-48 business hours: • Up to 1.5 kg: €3.99 • Over 1.5 kg: €5.99 Eco-friendly home delivery with a time slot in Peninsular Spain via Paack within 24-48 business hours: €3.99 For deliveries to the Balearic Islands, the cost is €6.99 up to 4 kg. For orders over 4 kg, the shipping cost will be €9.99. For deliveries to the Canary Islands, the cost is €9.99 up to 4 kg. The buyer will be responsible for paying customs fees associated with the order upon receipt. Additionally, if the order exceeds €150, the cost of the customs declaration (DUA) will be added to the order. INTERNATIONAL SHIPPING For shipments to Portugal, we work with MRW with a delivery time of 24-48 business hours. The shipping cost is €3.99 up to 1.5 kg. For orders over 1.5 kg, the shipping cost will be €5.99. For shipments to the rest of Europe, we work with FedEx. The delivery time is 5-11 business days, and the rates per country are as follows: - Andorra and Gibraltar: €24 - Austria, Belgium, France, Germany, Netherlands, Italy, Luxembourg, Monaco, and the United Kingdom: €27 - Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Bulgaria, Greece, Hungary, Ireland, Norway, Latvia, Poland, Liechtenstein, Lithuania, Romania, Malta, Slovakia, Slovenia, Sweden, and Switzerland: €31 The above rates apply to orders up to 10 kg. For heavier orders, the corresponding costs will be applied directly in the shopping cart. For any international destination not listed above, please contact Customer Service to process your request. *The “Shipping Weight” considers both weight and volume. For coffee (except instant coffee), the “Shipping Weight” and “Actual Weight” always match. For other products, they may differ. You can check the shipping weight of each product in the “Shipping” tab on the product page. Shipments over 1.5 kg have no weight limit. 9. GEOGRAPHICAL COVERAGE At the moment, orders are only accepted for destinations in the Iberian Peninsula, Balearic Islands, Canary Islands, and parts of Europe. 10. HOW TO PURCHASE? ONLINE PURCHASE PROCEDURE Through our website www.fanaticocafe.com, you can view our products by accessing our online store via the ‘online store’ icon on the homepage of our website. Once inside our online store, you can view our products, their qualities, packaging, and prices by accessing the different product categories shown in the menu on www.fanaticocafe.com. To select the desired product, access its product page by clicking on its icon or directly selecting the ‘BUY’ option. Once inside the product page, you can review the product features (package, grind, and price) and select the product that best suits your needs. Then, you can add it to the shopping cart using the ‘Add to Cart’ option located next to the product price. After completing this selection, in the next step, ‘Cart Summary,’ you can review your cart (selected product, desired quantity, unit price, shipping costs, subtotal, and total purchase) and/or modify its contents, as well as continue shopping (‘CONTINUE SHOPPING’). Shipping costs are calculated once the delivery address is entered. When you are ready to complete the selection process, proceed to the next step, “CONFIRM,” completing the required fields marked under ‘Buyer Information’ and ‘Shipping Information.’ At the same time, in the same tab, the User can apply any discount coupons and/or resume their shopping. If the customer has previously registered in our Members Club, they can log in using their user credentials (email) and password. In this case, our system will automatically retrieve all previously registered data necessary to process the order. Unregistered customers must fill in all necessary information to process their order. In the next step, the customer must select a payment method. In the final step, ‘Order Summary,’ check that all purchase information and other conditions are correct and complete the purchase by making the payment according to the selected method. Before making the payment, you can review all your identification and shipping data, as well as the details of your purchase. By proceeding with payment, you are accepting these Online Purchase Terms and Conditions. The User can cancel the purchase process at any time, provided it has not been fully processed. If in doubt about properly canceling the purchase process or to ensure cancellation, we recommend contacting us using the channels indicated in section 2. Order confirmation will be sent via email. Registered users can track their orders through the “My Account” section, under Orders.
11. INVOICES. If you wish to receive a paper invoice by regular mail, you must notify us via email at [email protected]. Otherwise, you expressly consent to the issuance of your invoice in electronic format in the delivery note/invoice sent and/or made available in the “My Orders” section. 12. RETURNS AND CANCELLATIONS. RIGHT OF WITHDRAWAL. If, for any reason, you are not satisfied with your order, in accordance with Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (LGDCU), you may exercise your right of withdrawal. You have the right to withdraw from this contract within 14 calendar days without any justification. The withdrawal period will expire 14 calendar days from the day you or a third party designated by you, other than the carrier, acquired physical possession of the goods. To exercise the right of withdrawal, you must notify us at: RODRÍGUEZ Y MATEUS, S.L., C/ Alfonso Gómez, 15, 1ª, C.P. 28037 – Madrid, [email protected], of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email). You may use the withdrawal form available via the link at the bottom of the Website, although its use is not mandatory. To meet the withdrawal deadline, it is sufficient that your communication regarding the exercise of this right is sent before the corresponding period expires. To make the return, the product must be in perfect condition. Otherwise, the return may not be accepted. Consequences of withdrawal: In the event of withdrawal, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any event, no later than 14 calendar days from the date we are informed of your decision to withdraw from this contract. We may withhold the refund until we have received the goods or until you have provided proof of their return, whichever occurs first. You must return or hand over the goods to us directly or to the same postal address indicated above for exercising your right of withdrawal, without undue delay and in any event no later than 14 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline is considered met if you return the goods before the period has expired. You will bear the direct cost of returning the goods. In case of a refund, we will process it using the same payment method you used for the initial transaction unless you expressly agree otherwise; in any case, you will not incur any costs as a result of the refund. If you paid by bank transfer, the refund will be made to the same bank account used for payment within five (5) banking business days from the receipt and approval of the withdrawal request by RODRÍGUEZ Y MATEUS S.L. If you paid by credit/debit card, the refund will be made to the same card within five (5) banking business days from the receipt and approval of the withdrawal request by RODRÍGUEZ Y MATEUS S.L. 13. PERSONAL DATA PROVIDED DURING ONLINE PURCHASE. Personal data provided during the online purchase process will be subject to data protection regulations and our Privacy Policy, which is available via a direct link at the bottom of the Website. 14. USE OF CUSTOMER EMAIL ADDRESSES. Electronic communications sent to you by email or any other electronic means using the contact information you have provided will be necessary to properly manage your request, matter, or the acquisition of our products and will not be considered electronic commercial communications. Communications considered electronic commercial communications will be sent because you are a customer and have given your consent by accepting the Legal Notice, Privacy Policy, and these Online Purchase Terms and Conditions during your online purchase. By purchasing our products, customers will receive promotions and newsletters via email. All electronic commercial communications sent by RODRÍGUEZ Y MATEUS S.L. will be clearly identifiable as such by the word “advertisement” at the beginning of the message and will identify RODRÍGUEZ Y MATEUS S.L. (FANÁTICO CAFÉ) as the entity responsible for the sending. You may object to receiving these electronic commercial communications at any time by sending an email to [email protected], or by following the instructions provided in each electronic commercial communication. 15. CONTRACT LANGUAGE. These Online Purchase Terms and Conditions have been drafted in Spanish, which is the language of the contract. 16. CUSTOMER SERVICE. COMPLAINTS AND CLAIMS. For any issues, complaints, or suggestions, please use the contact methods provided in section 2 of this document. 17. DURATION AND MODIFICATION OF ONLINE PURCHASE TERMS AND CONDITIONS. The applicable Online Purchase Terms and Conditions will be those published on the Website at the time you make the online purchase. RODRÍGUEZ Y MATEUS S.L. reserves the right to make modifications and updates regarding products, prices, promotions, and other conditions contained on www.fanaticocafe.com. RODRÍGUEZ Y MATEUS S.L. strives to ensure that the information provided on the website is accurate and free of typographical errors. If a typographical error occurs, beyond the company’s control, it will be corrected immediately. If a customer places an order based on such an error, RODRÍGUEZ Y MATEUS S.L. will inform them immediately, and both parties may cancel the purchase at no cost if the error is verified. RODRÍGUEZ Y MATEUS S.L. reserves the right to modify, in whole or in part, at any time and without prior notice, the content of these Online Purchase Terms and Conditions for expansion, improvement, clarification, or updates, due to legislative or jurisprudential changes or business strategy, without retroactive effect. In case of modification, the previous version will cease to apply, and the modified version will apply from the date of publication. The Online Purchase Terms and Conditions will always be accessible on the Website, showing the version number and publication date, from which they take effect. 18. NULLITY AND EFFECTIVENESS. If any clause or text included in the Online Purchase Terms and Conditions is declared null, the remaining terms will continue to be fully effective and binding for the parties, provided they can exist without the null clauses or texts. 19. APPLICABLE LAW AND JURISDICTION. Commercial transactions carried out through www.fanaticocafe.com are subject to Spanish law. Unless specific regulations establish another jurisdiction, the User and RODRÍGUEZ Y MATEUS S.L. expressly submit to the Courts and Tribunals of Madrid (Spain) for any dispute, without prejudice to our willingness to resolve disputes amicably. If the buyer is domiciled outside Spain, both parties will submit to the Courts and Tribunals of Madrid (Spain).
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