Terms of use and terms of purchase through the latiendadelcafe.co website
INTRODUCTION
This document (together with all documents referred to herein) establishes the conditions that govern the use of the website ( www.latiendadelcafe.co ) and the purchase of products therein (hereinafter, the "Conditions"), regardless of the application, digital medium, support, or device through which it may be accessed. The user must carefully read these Conditions, our Privacy and Cookies Policy ("Privacy and Cookies Policy"), and the Personal Data Processing Policy (together, the "Personal Data Protection Policies") before using this website or any of our services. By using the website or placing an order through it, the user agrees to be bound by these Conditions and by our Personal Data Protection Policies. If you do not agree with all of the Conditions or with the Personal Data Protection Policies, you should not use the website.
These Terms may be modified. It is your responsibility to read them each time you make a purchase through the website, as the terms in effect at the time of each Contract and the time you use the website will be the ones that apply to you.
If you have any questions regarding the Terms and Conditions or Personal Data Protection Policies, you can contact us through our contact channels.
The contract may be concluded, at your discretion, in any of the languages ββin which the Terms and Conditions are available on the website. In the event of any discrepancy between the different language versions of these terms, the Spanish version shall prevail.
SELLER AND WEBSITE OWNER DATA
The sale of items through the website is carried out under the name "LA TIENDA DEL CAFΓ" by CAFETALERO SAS, a company duly incorporated in accordance with the laws of the Republic of Colombia, and identified with NIT 900.998.248, whose judicial notification address is CL 6 SUR 43 A 227 IN 1122 CC OVIEDO, MedellΓn, the customer service cell phone number is Telephone: 3242416552 and email: contacto@latiendadelcafe.co
DATA OF THE VISITOR OR USER OF THE WEBSITE
The information or personal data provided by the visitor will be processed in accordance with the provisions of the Privacy and Cookies Policy and the Personal Data Processing Policy. By using the website, the user consents to the processing, storage, transmission, and/or national and international transfer of said information and data, and declares that all information or data provided is true and accurate.
AUTHORIZED USE OF THE βLA TIENDA DEL CAFΓβ WEBSITE
By using the website and placing orders through it, the user of the site agrees to:
Use the website only to make legally valid inquiries or orders.
Do not place any false or fraudulent orders. If such an order could reasonably be considered to have been placed, CAFETALERO SAS will be authorized to cancel it and inform the relevant authorities.
Provide CAFETALERO SAS with your email address, address, and/or other contact information in a truthful and accurate manner. You also agree that CAFETALERO SAS may use this information to contact you if necessary. If the information provided is subject to updates, the buyer is responsible for reporting such changes.
If the user does not provide CAFETALERO SAS with all the information it requires, the order cannot be processed.
LEGAL CAPACITY
By placing an order through the website, the user declares that they are over 18 years of age and have the legal capacity to enter into contracts. Minors may not make purchases through the website unless represented by a legal representative.
SITE AND PRODUCT AVAILABILITY
The items offered through the website are only available for shipping within Colombian territory, except for those areas or zones within Colombia where, due to difficulty in access, communication, or similar considerations, such an offer is justified to be unavailable.
ORDER PLACEMENT PROCEDURE
To place an order, the user must add the products to the shopping cart, follow the online checkout process, and click "pay now." By clicking "pay now," the user affirms and confirms that they have read and expressly accepted the Terms and Conditions of Use of the website, as well as the Personal Data Protection Policies.
After this, the user will receive an email acknowledging receipt of their order and/or a call from our customer service team (the "Order Confirmation"). The user will also be notified via email or text message that the product is being shipped (the "Shipping Confirmation").
CORRECTION OF INFORMATION AND DETECTION OF ERRORS IN ORDERS
If the user detects an error when entering their personal information during registration as a website user, they can modify it in the section called "My Profile."
In any case, you may correct errors related to the personal data provided during the purchase process by contacting customer service through the chat accessible on the website or through the channels provided to exercise the right of rectification contemplated in the Personal Data Policies of CAFETALERO SAS.
The website displays confirmation windows in various sections of the checkout process that prevent users from proceeding with the order if the information in these sections has not been entered correctly. The website also provides details of all items added to their cart during the checkout process, allowing users to modify their order details before making payment.
If the user detects an error in their order after completing the payment process, they must immediately contact customer service via the chat available on our website or through the customer service lines. This can be done within 7 calendar days of placing the order. After this period, CAFETALERO SAS is no longer responsible for your request and/or order.
CONDITIONAL SALE
All orders are subject to product availability. If there are difficulties with product supply or if items are out of stock, CAFETALERO SAS will inform the user of this situation and may refund the amount paid within 7 business days of the event, upon providing a bank certification. Orders may also be exchanged for other products or services or awarded redeemable points for the same purchase value.
SHIPPING OF PRODUCTS
Coverage: La Tienda del CafΓ© ships to all of Colombia.
Estimated delivery times:
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MedellΓn: 2 business days
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Major cities: 4-5 business days
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Other cities: 6-8 business days
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Rural areas: 8-10 business days
Costs: Shipping costs are automatically calculated based on the order's location, weight, and volume (from $8,500 for major cities and up to $15,000 for rural areas).
Tracking: A tracking number and link will be provided once the order is picked up by the carrier.
Responsibility: The customer is responsible for providing correct contact and address information. The company is not responsible for delays resulting from incorrect information, unforeseen events, or force majeure.
Modifications: The Coffee Shop reserves the right to modify these policies without prior notice, which will become effective upon publication on the website.
For the purposes of these Terms and Conditions, "delivery" or the order will be deemed to have occurred when the user or a third party indicated by the user takes physical possession of the products. This will be confirmed by a text message, email, or message within the WhatsApp platform confirming receipt of the order at the agreed delivery address.
IMPOSSIBILITY OF DELIVERY
If CAFETALERO SAS cannot deliver the order after two (2) attempts, the order will be returned to CAFETALERO SAS
In this case, the user may request that the order be sent again, paying the shipping costs again.
If 15 days have passed since the order was available for delivery and the order has not been delivered for reasons not attributable to CAFETALERO SAS, it will be understood that the user wishes to withdraw from the purchase and the contract will be terminated. As a result of the termination of the contract, CAFETALERO SAS will refund all payments received from the user, except for shipping costs, within a maximum period of 30 days from the date the contract is terminated. This will be done once the account to which the refund should be made has been certified by bank transfer.
TRANSFER OF RISK AND PROPERTY
The risks of the products will be borne by the user from the moment of delivery.
The website user will only acquire ownership of the products when they have been delivered and CAFETALERO SAS has received full payment for all amounts due in relation to them, including shipping costs.
PRICE AND PAYMENT
The price of each product displayed on the website includes taxes (VAT). For coffees and subscriptions, the tax corresponds to 5% of the product value; for accessories, preparation methods, or other products, the tax corresponds to 19%. The above is subject to change, as established by the national government and the National Federation of Coffee Growers regarding applicable taxes.
The price of each product displayed on the website does not include shipping costs; these will be calculated at checkout based on the department and city selected by the customer.
Prices may change at any time, but (except as set out above) any changes will not affect orders for which CAFETALERO SAS has already sent an Order Confirmation.
Payment methods include Visa, Mastercard, American Express, Diners Club, Condensa, PSE bank debit cards, bank payments, Bancolombia, Davivienda, Banco de BogotΓ‘, and others. Payment methods are subject to change without notice.
By clicking "Pay Now," the user is affirming and confirming that the credit card is theirs and that the source of their funds is legitimate.
Payments by credit card may be subject to verification and authorization by the issuing entity. However, if the entity does not authorize the payment, CAFETALERO SAS will not be liable for any delay or non-delivery, and the purchase agreement will not be deemed to have been concluded in such a case.
Likewise, by clicking on the payment authorization, CAFETALERO SAS and/or "La Tienda del CafΓ©" declare that the prices displayed on the website or the price list may change at any time for individual purchases and/or subscriptions. This change may or may not be visible on the website or the price list. The reasons for such increases may correspond to market conditions such as exchange rate increases, coffee prices on the New York Stock Exchange, the quality premium, or policies arising from taxes or health risks. In the case of subscriptions, the price change will also be reflected in the automatic debit.
WITHDRAWAL
In the case of a distance sale, in accordance with the provisions of Article 47 of the Consumer Statute, the right of withdrawal is deemed to have been agreed upon.
The right of withdrawal grants the user the right to terminate the sales contract within a maximum period of five (5) business days from the date of delivery of the order, and the consumer must return the product in the same means and conditions in which it was received.
Shipping and other costs incurred in returning the goods will be covered by the website user. Once the goods have been returned in the same condition as when they were delivered, the refund will be issued within the next thirty (30) calendar days.
The following are exempt from the right of withdrawal: goods made according to the consumer's specifications, personalized goods, goods for personal use (such as underwear, swimwear, etc.), orders for perishable goods, orders for goods that by their nature cannot be returned, or that may deteriorate or expire quickly.
The consumer must return the goods, unused, with all internal and external labels attached, and in the packaging in which they were received. Returns of goods that do not meet these specifications will not be accepted.
To exercise the right of withdrawal, the user must notify CAFETALERO SAS through the chat available on the website or by email to contacto@latiendadelcafe.co, informing them of their decision to withdraw from the contract through an unequivocal statement.
To comply with the deadline for the right of withdrawal, it is sufficient for you to send your communication regarding your exercise of this right before the corresponding deadline expires.
If you exercise your right of withdrawal, CAFETALERO SAS will refund the amount corresponding to the price of the product and its taxes, but not the shipping or transportation costs. This refund may be made using the same payment method used for the initial transaction or by bank transfer, at CAFETALERO SAS's discretion.
In cases where more than one item has been purchased in a single transaction, and the right of withdrawal is not exercised on all items, the purchase price paid for the returned item(s) will be refunded, as indicated above.
DISCOUNTS
Discounts generated by the points system and those assigned to products cannot be combined with other promotions and do not apply to the purchase of subscription plans.
SUBSCRIPTIONS
CAFETALERO SAS is obligated to THE SUBSCRIBER for a period of one year (starting from the date of formalizing the subscription through the initial payment thereof) to provide access to different products offered on our website and other Cafetalero content, at latiendadelcafe.co without any limitation except for inventory shortages. In return, THE SUBSCRIBER agrees to pay CAFETALERO S.AS. in advance on a monthly basis the value of the subscription purchased, considered as payment for the value of the subscription contract.
PARAGRAPH: PAYMENT METHOD: Subscription payment must be made by selecting the options available on the payment platform. This includes registering a credit or debit card with a CVV. CAFETALERO SAS will retain its deductible conditions for international or online payments, for which CAFETALERO SAS is not responsible. Likewise, once payment is made, the subscription will be activated.
Note: If payment is unsuccessful, the platform will attempt to process the payment again for 1-day periods until it is successful, but not exceeding 60 attempts.
The term of this subscription agreement begins upon acceptance and signature and is for the term defined by the subscriber. Under this agreement, renewal is automatic, meaning the subscription period will be renewed for the same initial term, and payments are made monthly through the payment method selected at the time of purchasing the service. If the Customer/Subscriber is not interested in renewing the Service, they must temporarily pause or cancel it through their profile on our store website, where they must express their desire to suspend automatic renewal.
Note: Likewise, refunds will be issued in the following cases:
Death of the SUBSCRIBER.
When service failures occur repeatedly that prevent the SUBSCRIBER from accessing the profile on the platform, they must be duly proven and communicated by the SUBSCRIBER to CAFETALERO SAS in a timely and proper manner.
By right of withdrawal, in accordance with the provisions of section 14 of this document.
Personal Data Processing Policy: CAFETALERO SAS is responsible for the processing of its subscribers' personal data, which is carried out in accordance with its privacy and information management policies. The rights available to SUBSCRIBER owners of personal data are: to know, update, and request rectification or deletion of data; to request proof of authorization; to know how CAFETALERO SAS has used their personal data; to revoke at any time their authorization for inclusion of their personal data in CAFETALERO SAS databases; and to request, free of charge, the previously authorized personal data. To exercise these rights, SUBSCRIBER may contact contacto@latiendadelcafe.co. Should there be any unresolved claim, the SUBSCRIBER may exercise these rights.
Subscription prices may change at any time without prior notice; therefore, the customer agrees that CAFETALERO SAS may change the automatic debit amounts from the credit card for reasons that justify such fluctuations and reflect market conditions. However, any changes will not affect orders for which CAFETALERO SAS has already sent an Order Confirmation.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The user knows and accepts that all copyright, trademarks and other industrial and intellectual property rights on the materials or content provided as part of the website belong at all times to CAFETALERO SAS or to those who granted CAFETALERO SAS a license for its use.
The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the service or access to the service without the express written permission of CAFETALERO SAS
LINKS FROM OUR WEBSITE
If the website contains links to other websites and third-party materials, these links are provided for informational purposes only, and CAFETALERO SAS has no control over the content of such websites or materials. Therefore, it shall not be liable in any way for any damage or loss arising from their use.
EVENTS BEYOND OUR CONTROL
CAFETALERO SAS shall not be liable for any failure or delay in the fulfillment of any of its obligations when such failure or delay is due to events beyond its reasonable control, such as force majeure, fortuitous event, or events attributable to third parties, which shall include any act, event, failure to exercise, omission, or accident beyond the reasonable control of CAFETALERO SAS, including, but not limited to, the following:
Strikes, lockouts, pandemics, epidemics or other protest measures.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, airplanes, motor vehicles or other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority, mandatory preventive isolation decreed by the municipal, departmental, and/or national government, among others.
It will be understood that the obligations will be suspended during the period in which the situation of impossibility continues, and CAFETALERO SAS will then have an extension in the term to fulfill said obligations for a period of time equal to the duration of the force majeure, fortuitous event or third party act.
NO RESIGNATION
The failure of CAFETALERO SAS to require strict compliance by the consumer or user with any of the obligations assumed by virtue of the contract or these Conditions or the failure by CAFETALERO SAS to exercise any rights or actions to which it may be entitled by virtue of said contract or the Conditions, shall not constitute a waiver or limitation of said rights or actions nor shall it exonerate the user or consumer from complying with such obligations.
PARTIAL NULLITY
If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by said declaration of nullity.
MODIFICATION OF THESE CONDITIONS
CAFETALERO SAS reserves the right to modify the Terms and Conditions by posting any modifications or updates on the website. Modifications will not be retroactive and will be applicable once published on the website.
CAFETALERO SAS RESERVES THE RIGHT OF ADMISSION AND PERMANENCE
CAFETALERO SAS reserves the right to sell and/or subscribe to any person who requests a product through this medium and/or other means provided for this purpose.
APPLICABLE LEGISLATION AND JURISDICTION
Use of the website and product purchase contracts concluded through said website shall be governed by Colombian law.
Any dispute arising from or related to the use of the website or such contracts shall be subject to the exclusive jurisdiction of the courts and tribunals of the Republic of Colombia.
Before resorting to the jurisdiction of the courts, the parties agree to attempt to resolve the dispute through mediation.