Terms and Conditions

 

  1. INTRODUCTION

These Terms and Conditions regulate the access and use of the website https://kaffacoffee.com under the responsibility of Kaffa, Lda., collective entity no. 504100254, with registered office at Rua São Sebastião, lote 6, Cabra Figa, 2635-448 Rio de Mouro (hereinafter "KAFFA").

The access and use of this Website attributes to those who use it the condition of user and implies, for the same, the full, complete and unreserved acceptance of the present terms and conditions of use in relation to the respective contents and services.

Any legal issues regarding the website can be found in the Privacy Policy and Cookie Policy sections, which form an integral part of these Terms and Conditions.

 

  1. OWNERSHIP OF SITE CONTENTS

Access to the website does not give the user any rights over the content made available by KAFFA.

All the information contained in this site, including the title, texts, images, photographs, icons, technology, links, computer codes, is the intellectual and industrial property of KAFFA.

 

  1. LICENSE

Without prejudice to what is stated in the other clauses of these Terms and Conditions, KAFFA authorizes any user to use this website for personal or informational purposes only, as provided for in these Terms and Conditions.

The User is authorized to view, print and partially import contents of this site in the following cases:

a). That are compatible with the purpose of the site https://kaffacoffe.com
b) The purpose of which is to obtain information for personal and private use or to access any of the site's services.

It is the user's obligation to use the services and contents of this site in accordance with the rules in force. The user is prohibited from doing so:

- Reproduce, copy, distribute, assign, or publicly communicate the information contained on this site;
- Use the information for commercial purposes;
- Sending unsolicited messages to a plurality of people regardless of their purpose;
- Commercialize, in any way, the information contained on the KAFFA site;
- Manipulate or compile the databases that store information from this site;
- Perform acts of Spamming as a result of using this site and the information and services it contains;
- Use this site for purposes that are unlawful against KAFFA or any third party;
- Impeding the normal operation of this site.

KAFFA may revoke the license, at its discretion and at any time, if any abusive, fraudulent or illegal act is identified.

 

  1. CONTENT AND LIMITATION OF LIABILITY

Access to and use of the website, including the display of web pages, constitute activities performed by users.

Users are solely and exclusively responsible for the use of the website and its contents. In particular, users are solely responsible for providing incorrect, false or third-party information or data without their consent, as well as for the misuse of such data.

The contents of the website may contain inaccuracies or typos. KAFFA is not responsible, nor can it be held liable, by any means or manner, for inaccuracies, errors and any damages caused or resulting from the use of the website by users. The user is the sole and exclusive responsible for the evaluation of the information and contents obtained through the website.

KAFFA accepts no responsibility for any damage resulting from the impossibility of accessing the services available through the website or caused by viruses, damaged files, errors, omissions, service interruptions, content cancellation, issues related to the internet, service providers or the telephone and/or telematics connection, unauthorized access, data alterations, or related to the non-existence and/or malfunction of the user's electronic devices.

The user is responsible for the safekeeping and correct use of his personal information, as well as being liable for any damage or loss caused to KAFFA or third parties, resulting from the incorrect use, loss or theft of personal information.

In cases of registration, the user is responsible for keeping and correctly using his credentials, which allow access to the reserved area of the services. The user will also be responsible for providing specific information, which must be correct and up-to-date. You may not choose a username belonging to a third party for the purpose of using your identity. Likewise, you may not use the username of a third party without their express consent.

The user must ensure the confidentiality of his password and must not share it with third parties. You are entirely and exclusively responsible for any actions taken through your user account, either directly or through third parties authorized by you.

 

  1. PERSONAL DATA PROTECTION

KAFFA has adopted appropriate technical and organizational measures to safeguard the security of the services it provides through the website, to ensure the integrity of electronic traffic data related to forms of unauthorized use or knowledge, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of its users, contained on the website, or related to access - unauthorized or in breach of applicable legal provisions - to such personal data and information.

We recommend that you consult the Privacy Policy, which is an integral part of these Terms and Conditions, to understand how the website collects and uses the users' personal data and for what purposes.

 

  1. COOKIES

We recommend that you consult our Cookies Policy, which is an integral part of these Terms and Conditions.

 

  1. CHANGES TO THE SITE

KAFFA reserves the right, at any time, without prior notice and with immediate effect, to modify, delete, add or update the information and services contained on this site. It also reserves the right to make changes to the site, its configuration, design, structure, presentation and access conditions at any time without prior notice.

 

  1. DURATION

The KAFFA Website is available for an indefinite period of time.

KAFFA reserves the right to interrupt, suspend or terminate the provision of the website or any of its services at any time.

 

  1. LINKS TO OTHER WEBSITES

In case the website provides links ("Links") to third party websites or to contents made available by third parties ("Other Websites"), the respective links are included for information purposes only and for the User's convenience. KAFFA does not control the other websites and is therefore not responsible for their content or products, or for any damage or loss that may result from their use by the user, as well as for the processing of personal data during internet browsing operations. Access to any Other Website, via an existing link on the KAFFA website, is at the User's sole risk and responsibility.

The User should therefore pay particular attention when connecting to Other Websites through links on the KAFFA website and read the respective terms and conditions and privacy policies carefully.

 

  1. PRODUCT PURCHASE

10.1. Service Availability

The articles presented from this website are available for delivery in Continental Portugal and on the Islands (Madeira and Azores), subject to shipping costs.

If you wish you can also order items from another EU member state, outside of Portugal, through this website. The items ordered will be delivered to the destination address of the respective EU member states, plus shipping costs.

10.2. Conclusion of the Contract

To place an order, you must follow the online ordering procedure and proceed to payment. By doing so, you are entering into a contract of sale with us (the "Contract"). You will then receive an e-mail acknowledging receipt of your order (the "Order Acknowledgment"). After the order is placed, and in case of non-payment, you will receive within 10 hours an email notifying you that you have not finalized and paid for the order.

10.3. Product Availability

All orders for products will be subject to availability. In this sense, if any difficulty occurs regarding the supply of products or if items are out of stock, we will inform you immediately of the unavailability, and we will refund any amount paid by you within 30 days.

10.4. Delivery

In mainland Portugal there is a delivery cost for the entire mainland in the amount of €4.00 with VAT included.

For orders with a value of €15.00 or more, including VAT, Kaffa offers shipping costs.

Regarding the deliveries of orders to the islands of Madeira and the Azores and to the countries of the European Union (EU), shipments are made through the operators we work with.

The cost of this shipment is calculated according to the volume of the goods and is paid in advance, directly to Kaffa. You can place your order through the online store, but it will be conditioned to a new order with the reformulated postage cost.

The order will be delivered to the address specified by the customer at the time of purchase. Kaffa does not deliver to PO Boxes.

The period between the moment you place the order and the date of the carrier's first passage at your address results from the combination of the following:

a) Delivery time (24 to 72 hours on working days) = payment validation + order preparation + delivery of the order to the carrier.
b) Delivery period of the carrier: you will receive information about the beginning of this period after receiving an SMS. These deadlines are indicated in working days.

Upon receipt of your order, we recommend that you check whether the products delivered conform to your order or whether they are damaged. If they are visibly damaged, you may refuse delivery or you must indicate on the delivery note – in the form of handwritten reservations – the anomaly(s) in question and sign. We recommend that you send us these reservations as soon as possible to the email: geral@kaffa.pt.

In the event of non-receipt of an order within the indicated deadlines, the Customer is invited to notify Kaffa of this fact, giving him the option to continue his purchase and we will inform him, as soon as possible, of the new delivery date. If you wish, you can also cancel the order with a full refund of the amount paid, without prejudice to all other rights that you may have under the terms of the applicable legislation.

In either case, we do not deliver on Saturdays or Sundays, only on working days. According to these conditions, the "delivery" must have been carried out or the order "delivered" when the customer or a third party indicated by him is physically in possession of the products, which will be evidenced by the signature of the order receipt at the delivery address. indicated.

 

10.5. Inability to Deliver

If it is impossible for us to deliver your order, we will leave a note telling you where your order is and what to do to have it delivered again.

If you are not at the delivery location at the agreed time, we ask that you contact us so that we can arrange delivery for another day.

Please note that in case of non-delivery of the product within the stipulated time, you may be charged for the cost of storing the products and for further attempts at delivery.

10.6. Transfer of product risks and ownership

The risk of the products will be borne by the customer from the moment of delivery. You will acquire title to the products when we receive full payment of the amounts due in respect of the products, including postage, or at the time of delivery (as defined in Section 10.4 above), if later.

 

10.7. Price and Payment

The price of each product will be the one stipulated, at each moment, on our website, except in case of evident error. Although we try to ensure that all prices on the page are correct, errors can occur. If we detect an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm the order with the correct price or cancel it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid.

We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Order Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as being an incorrect price.

The prices on this website include VAT but do not include shipping costs, which will be added to the total amount due, information to be gathered from Kaffa via email: geral@kaffa.pt.

Prices may be changed at any time, but (except as set out above) possible changes will not affect orders for which we have already sent an Order Confirmation.

Once you have made your purchases, all the items you wish to buy have been added to your cart and the next steps will be to complete the order and make payment. To do this, you must follow the steps of the purchasing process, filling out or verifying the information requested at each step.

Also, during the purchasing process, before payment, the customer can change his order data. The user has a detailed description of the purchase process at checkout. If you are an already registered user, a record of all orders placed by you will be available in the "My Account" area. You can pay by bank transfer, ATM and PayPal.

To reduce the risk of unauthorized access, your credit card data will be encrypted. Upon receipt of your order, we will pre-authorize your card to ensure that there are sufficient funds to complete the transaction.

Your card will be charged as soon as your order leaves our warehouses.

If your payment method is Paypal, the debit will take place when we confirm your order.

By clicking "Checkout", you confirm that you own the credit card or are the rightful owner of the gift card or payment card.

Credit cards are subject to verification and authorization by the issuers, but if the issuers do not authorize payment, we will not be responsible for any delay or non-delivery and will not be able to enter into any Contract with you.

10.8. Value Added Tax (VAT)

All purchases made through this website are subject to the Portuguese Value Added Tax (VAT) rate in force.

10.9. Right to free termination of the contract

According to the applicable regulations if you are contracting as a consumer, you have the legally enshrined right to terminate the contract within 14 days of its conclusion without giving any reason.

The free withdrawal period will expire after 14 days from the day on which you (or a third party - other than the carrier - indicated by you) physically purchase several items in a separately delivered order, 14 days from the day on which you (or this third party indicated by you) physically purchased the last product. To exercise the right to free termination of the contract, you can contact us by phone 214447010 and/or 800207331, or by e-mail geral@kaffa.pt, of your decision to terminate this contract by an unequivocal statement (e.g. a letter sent by registered mail with acknowledgment of receipt or e-mail). However, the consumer can exercise the right of free termination by any means, and it is not mandatory to use any of these means.

To respect the period of free termination of the contract, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the contract termination period expires.

Effects of contract termination

If you terminate the Contract, we will refund to you the amount paid for the products, and any other payments received in relation to the contract (with the exception of return costs if applicable, and extra costs arising from your failure to return the products via any of the free methods provided) without undue delay and provided that you do not exceed 14 days from the day on which you were informed of your decision to terminate this contract. We will refund you by bank transfer. In any case, the client will not pay any fees arising from such a refund. Notwithstanding the above we may withhold the refund until we receive the products back, or until you show evidence that you have returned them.

Please note that if, after the order has been delivered, the customer exercises the right to withdraw from the contract and returns the goods via a carrier chosen by you and not by KAFFA, we cannot take the risk on the return package when it refers to causes not attributable to KAFFA.

Likewise, the customer is responsible for the contents of the return package when choosing one of the return methods indicated by KAFFA. In the event that there is an error in the contents of the return package that is not attributable to KAFFA, we are entitled to charge the customer for the costs associated with the return, if applicable.

All rights recognized by the law in force will be safeguarded.

10.10. Contractual right to return products

In addition to the legally recognized right of free termination of the contract by consumers, we grant you a period of 30 days from the date of confirmation of shipment of the products to return them.

The Customer may exercise his right to return the products according to the terms provided for exercising the right of free termination of the contract. However, you must inform us of your intention to return the products and deliver the products to us within 30 days of shipment confirmation. In other words, if the products are returned by the customer, the customer will have to return the items to ensure that they are received by KAFFA within 30 days of the date of shipment confirmation.

Conditions for exercising the contractual right to return products:

The customer does not have a contractual right to return sealed products that are unfit for return for hygiene reasons and have been opened after delivery.

The contractual right to return products shall apply exclusively, to products that can be returned in the same condition as when the customer received them. No refund will be given if the product has been used beyond simply opening its packaging or has been damaged, so please be careful with the products while they are in your possession. Please return the item, using or including the original packaging.

It should also include all product instructions, labels, documents, and packaging. In any case, you must hand in, duly filled out, the receipt you received upon delivery of the product, together with the product to be returned.

If you have any questions, please contact us at 214447010 and/or 800207331, or via e-mail at geral@kaffa.pt.

10.11. Defective Products

In cases where you consider that, upon delivery, the product does not conform to the provisions of the contract, you must contact us within the legally prescribed two-month period at 214447010 and/or 800207331, or via e-mail at geral@kaffa.pt, indicating the product details as well as the damage suffered, and we will tell you what to do.

As established by law, instead of cancellation of the contract (and consequent return of the good and refund), you can also opt for replacement of the product, or for an appropriate price reduction.

Refund of the price, replacement of the product, or appropriate reduction of the price paid for the item must occur as soon as possible and in any case within 30 days.

Amounts paid for products returned for any damages or defects, will be refunded in full, including the delivery costs incurred in shipping the item and the costs you incur in returning it. We will refund you by bank transfer. To do so, please provide us with your IBAN.

All rights recognized by the law in force will be safeguarded.

10.12. Single Agreement

These Conditions and all documents expressly referred to herein constitute the entire agreement between you and us with respect to the subject matter of the Agreement and supersede any other covenant, agreement or promise previously made between you and us, whether oral or in writing.

We and you acknowledge that we have consented to this Agreement without relying on any representation or promise made by the other party or which may interfere with any written statement in the negotiations entered into by both parties prior to this Agreement, except as expressly stated in these Conditions.

10.13. Applicable Law and Jurisdiction

The use of our website and the purchase contracts made through this website are governed by Portuguese law.

This provision does not affect the other rights recognized to the consumer by the legislation in force.

 

  1. MISCELLANEOUS PROVISIONS

The nullity of any of the provisions contained in these Terms and Conditions shall be deemed suppressed, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

These Terms and Conditions shall be governed by and construed in accordance with Portuguese law.

You may contact Customer Service with any questions regarding the Terms and Conditions or any questions regarding the use of the website by registered mail with return receipt to Rua S. Sebastião - lote 6, 2635-448 Cabra Figa, or by e-mail to geral@kaffa.pt.

 

 

Terms and Conditions updated October 2022