GENERAL SALES CONDITIONS
GENERAL INFORMATION
The ownership of this website (hereinafter referred to as the Website) is held by:
| Name | Rocio Liz |
| Address | Schauenburgerstrasse 36. CH-4133. Basel Switzerland |
| Phone | +41798898668 |
| info@rociodecafe.com |
This document (as well as other documents mentioned herein) regulates the terms and conditions governing the use of this website () and the purchase or acquisition of products and/or services through it (hereinafter, the “Conditions”).
For the purposes of these Conditions, it is understood that the activity carried out through the Website comprises the Sale of coffee.
In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of . By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with all of this, you should not use this Website.
Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website since those in force at the time of requesting the acquisition of products and/or services will be applicable.
For any questions that the User may have regarding the Conditions, they can contact the owner using the contact information provided above or, if applicable, using the contact form.
THE USER
Accessing, browsing, and using the Website grants the user status (hereinafter referred to, interchangeably, individually as User or collectively as Users), so all the Conditions established herein, as well as their subsequent modifications, are accepted from the start of browsing the Website, without prejudice to the application of the corresponding legally mandatory regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Using this Website only to make inquiries and legally valid purchases or acquisitions.
- Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled, and the relevant authorities informed.
- Providing true and lawful contact details, such as email address, postal address, and/or other data (see Legal Notice and General Terms of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Website is primarily aimed at Users residing in Switzerland. does not guarantee that the Website complies with legislation from other countries, either in whole or in part. declines all responsibility that may arise from such access, as well as not guaranteeing shipments or provision of services outside of Switzerland.
The User may formalize, at their choice, the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
PURCHASE OR ACQUISITION PROCESS
Users can make purchases on the Website through the established means and methods. They must follow the online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the cart, basket, or final shopping space, and finally click on “complete purchase.”
Additionally, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that their order or purchase request and/or provision of the service has been received, i.e., the order confirmation. And, if applicable, they will also be informed via email when their purchase is being shipped.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, which are shown alongside its presentation or, where appropriate, image on its Website page, indicating, by way of example but not limited to: name, price, components, weight, quantity, color, product details, or characteristics, the manner in which the services will be provided and/or the cost of the services; and acknowledges that placing the order for purchase or acquisition constitutes full and complete acceptance of the specific sales conditions applicable in each case.
The communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and stored in ‘s computerized records in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that Users are entitled to under the privacy policy of this Website.
AVAILABILITY
All purchase orders received by through the Website are subject to the availability of the products and/or to the absence of any circumstance or force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of the services. If there are difficulties regarding the supply of products or if products are out of stock, undertakes to contact the User and refund any amount that may have been paid as a result. This will also apply in cases where the provision of a service becomes unfeasible.
PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes unless otherwise required by law, especially regarding VAT.
As they are physical products, shipping costs will be charged.
Under no circumstances will the Website add additional costs to the price of a product or service automatically, but only those selected and voluntarily chosen by the User.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted methods of payment will be: Credit or debit card.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize the payment, will not be responsible for any delay or failure of delivery and will not be able to formalize any contract with the User.
Once the purchase order is received by the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User receives the shipping confirmation and/or confirmation of the service provided in the form and, if applicable, place established.
In any case, by clicking on “Complete purchase,” the User confirms that the payment method used is theirs.
DELIVERY
The User will receive an email with the delivery details of the purchased product.
TECHNICAL MEANS TO CORRECT ERRORS
It is brought to the User’s attention that if they detect that an error has occurred when entering the necessary data to process their purchase request on the Website, they may modify them by contacting through the contact spaces enabled on the Website, and, if applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through their personal login space on the Website.
In any case, before clicking on “”, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Terms of Use and, specifically, the Privacy Policy for more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
RETURNS
Orders may be canceled without charge until the moment the shipment is made. Notifications of cancellation received once the package has already been shipped will be considered returns. Returns may be made up to 14 days after receiving the product. The product must be in its original packaging and in perfect condition. The return shipping costs will be borne by the customer. A refund will be processed once the condition of the product has been verified. Excluded from this are returns that are a result of an error by “Rocio de Cafe” or product defects. In this case, the defective product will be replaced with an identical one and the shipping and return costs will be covered. If it is not possible to replace the product, we will refund the amount paid. To return the products, please contact us at the email address info@rociodecafe.com
WARRANTIES
The User, as a consumer and user, enjoys guarantees on the products that may be acquired through this Website, in the legally established terms for each type of product, therefore, responding , for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this regard, it is understood that the products are in conformity with the contract as long as they: conform to the description given by and possess the qualities presented therein; are suitable for the uses for which products of the same type are ordinarily used; and present the usual quality and performance of a product of the same type that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the latter must proceed as indicated in the section Return of defective products or shipping error. However, some of the products marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could happen that the User purchases on the Website a product from a brand or manufactured by a third party. In this case, and considering that the User believes it to be a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their right to legal guarantee directly against them for the two years following the delivery of said products. For this, the User must have kept all the information regarding the product warranty.
DISCLAIMER OF LIABILITY
Unless otherwise provided by law, will not accept any liability for the following losses, regardless of their origin:
- any losses not attributable to any breach on its part;
- business losses (including loss of profit, revenue, contracts, anticipated savings, data loss, loss of goodwill, or incurred unnecessary expenses); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract for the products between the parties was formalized.
Likewise, also limits its liability in the following cases:
- applies all measures concerning providing a faithful display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution issues, or browser problems, or other similar issues.
- will act with the utmost diligence to make the product available to the transport company responsible for the product order. However, it is not responsible for damages arising from transport malfunction, especially due to causes such as strikes, road closures, and generally any other issues inherent to the sector, resulting in delays, losses, or theft of the product.
- Technical failures that due to fortuitous causes or other reasons prevent normal operation of the internet service. Lack of availability of the Website due to maintenance reasons or others, preventing access to the service. will make every effort to carry out the purchasing, payment, and shipping/delivery process of the products; however, it disclaims liability for causes that are not attributable to it, force majeure, or unforeseeable circumstances.
- will not be responsible for the misuse and/or wear and tear of products that have been used by the User. Likewise, it will not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
- In general, will not be liable for any failure or delay in the performance of any obligations assumed when it is due to events beyond its reasonable control, i.e., force majeure, which may include, but is not limited to:
- Strikes, lockouts, or other industrial actions.
- Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport, or other means of public or private transportation.
- Inability to use public or private telecommunications networks.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Thus, the obligations will be suspended during the period in which the force majeure event continues, and there will be an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure event. will make every reasonable effort to find a solution that allows it to fulfill its obligations despite the force majeure event.
COMUNICATIONS IN WRITING AND NOTIFICATIONS
By using this Website, the User agrees that most communications with will be electronic (via email or notices posted on the Website).
For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notices, information, and other communications sent electronically comply with the legal requirement of being in writing. This condition will not affect the rights recognized by law for the User.
The User may send notifications and/or communicate with through the contact details provided in these Conditions and, if applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, may contact and/or notify the User via email or the provided postal address.
WAIVER
No waiver by of a specific legal right or action or failure to enforce strict compliance by the User with any of its obligations will constitute, nor be construed as, a waiver of other rights or actions arising from a contract or the Conditions, nor relieve the User from compliance with their obligations.
No waiver by of any of these Conditions or the rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
NULLITY
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses shall remain in force, unaffected by such declaration of nullity.
COMPLETE AGREEMENT
These Conditions and any document expressly referred to herein constitute the entire agreement between the User and regarding the subject matter of the sale and supersede any other prior agreement, arrangement, or undertaking, whether written or oral, between the same parties.
The User and acknowledge that they have consented to the conclusion of a contract without relying on any statement or promise made by the other party, unless expressly stated in these Conditions.
DATA PROTECTION
The personal information or data that the User provides to during a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are truthful.
APPLICABLE LAW AND JURISDICTION
Accessing, browsing, and/or using this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, issue, or disagreement arising out of or related to the access, browsing, and/or use of the Website, or the interpretation and performance of these Conditions, or the sales contracts between and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
COMPLAINTS AND CLAIMS
The User may submit complaints, claims, or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
Furthermore, official complaint forms are available to consumers and users, which they can request from at any time using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: https://ec.europa.eu/consumers/odr/.
This General Purchase Conditions document was created using the online general purchase conditions template generator on 25/03/2022.