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1) IDENTIFICATION OF THE PARTIES

Seller
Holder: MIRANDA CIARFUGLIA
Trade name: DELICOFFEE TRADE S.L.
TAX IDENTIFICATION NUMBER (N.I.F.): B98711898
Address: Na Jordana, 26 Bajo 46003 Valencia (Valencia) 
Web: https://delilab.coffee/
E-mail address: contacto@delilab.coffee
Telephone: (+34) 647 066 871

Buyer
PURCHASER is considered to be the user or user who visits the Website and registers by entering their personal details on the order form or registers as a regular user, after accepting these General Terms and Conditions (hereinafter referred to as GTC), who may also be identified as "Buyer" and/or "User".

Likewise, in order to use this online shopping service, the User must be of legal age in accordance with Spanish law.

Thus, the parties (Seller and Buyer) expressly accept, without reservation, the provisions of these GTC. In the event that the Buyer does not agree with them, he must simply abandon the purchase process provided for in this Portal, as well as leave the website felipeo22.sg-host.com if he does not agree with its GTC.

 

 

2) APPLICABLE LAW

 

These GTC have been drawn up in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 59/2003 of 19 December, on electronic signatures.

Law 56/2007 of 28 December, on Measures to Promote the Information Society, RDL 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users, Law 3/2014 of 27 March, which amends the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November -EDL 2014/35453-, adapts Spanish legislation to the provisions of Directive 2011/83/EU, of 25 October, on consumer rights, which repeals Directives 85/577/EEC and 97/7 -EDL 2011/260927-, and other complementary laws and any other legal provisions that may be applicable.

Furthermore, all personal data provided by the BUYER during the product purchase process are processed by DELICOFFEE in accordance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (?LOPD?), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (?RGPD?), and full information on uses and rights can be found in the ?Privacy Policy and Legal Notice? section of our website.

 

3)OBJECTIVE

The Seller is primarily engaged in the sale of coffee products and derivatives via the Internet.

The acquisition of any of the products in felipeo22.sg-host.com, implies acceptance as a user, without reservations of any kind, of each and every one of the GTC, the General Conditions of Use of the Portal (Privacy Policy and Legal Notice and Cookies Policy), in addition to those Special Conditions, if any, governing such acquisition.

These GTC apply to product orders placed within Spain. You must first contact DELILAB COFFE WAREHOUSE (hereinafter DELILAB) by e-mail at contacto@delilab.coffee if you wish to purchase our products outside Spain so that you can be provided with the specific terms and conditions of sale for each country concerned.

DELILAB reserves the right to carry out modifications and/or updates to the present conditions, of which the User will be informed in advance for acceptance or rejection in the event that they are substantial.

All communications with the User by DELILAB will generally be carried out electronically.

 

4)LANGUAGE

 

The User can access https://delilab.coffee/, its Privacy Policy and Legal Notice, Cookies Policy and the entire purchasing process provided for in these GTC in Spanish, without prejudice to any updates or modifications that may be made in the future.

Therefore, the details of the products offered on this Portal will also be in Spanish, as well as the delivery note.

 

5)OPERATING CONDITIONS FOR E-PROCUREMENT

El Portal https://delilab.coffee/ offers its Users this Online Sales service, from which they can purchase products available on our website.

In accordance with the provisions of article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), contracts concluded electronically will produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met.

In any case, the electronic medium containing these GTC concluded by electronic means shall be admissible as documentary evidence in the event of a dispute between the parties.

For these purposes, it shall be understood that the completion of all the phases of the registration process and, if applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the contracting.

Pursuant to the provisions of Article 27 LSSI, the content of these Terms and Conditions implies the provision of the Users, prior to the start of the recruitment procedure, all information relating to the same that will only apply if the User decides to proceed with the recruitment through felipeo22.sg-host.com.

Likewise, for all purposes, the contract of sale shall be deemed to be completed when the product actually purchased is delivered to the User at the address selected by him/her.

 

6)PROCUREMENT OF PRODUCTS

 

Through our Portal, private customers can select the products they want and add them to the "shopping cart". Once you have selected the products that you are finally going to buy, you will have to ?finalise the purchase? and fill in the details requested to complete the order.

Customers must be registered on the Portal to place orders.

 

7) ECONOMIC AND PAYMENT CONDITIONS

 

7.1. Price

The price of the products marketed is indicated next to the descriptive card of each one of them, being used in all cases the official currency Euro (?).

7.2. Methods of payment

You must make the payment using one of the payment methods described below, as indicated. DELILAB will issue the corresponding invoice, which will be delivered together with the products purchased. All payments will be made in Euros.

The payment of the price of the purchased goods and the shipping costs shall be made in accordance with the means of payment indicated at any given time on the Portal. We guarantee that each of the transactions carried out is 100% secure. All operations involving the transmission of personal or banking data are carried out using a secure environment. At DELILAB we use a server based on standard SSL (Secure Socked Layer) security technology. All the information you transmit to us travels encrypted through the network.

Accepted forms of payment are:

  • By credit or debit card. In this case, your data will be encrypted and sent under a secure server to the virtual POS of the financial institution. All the information you transmit to us travels encrypted through the network. Likewise, your credit card details are not recorded in any database, but are sent directly to the bank's POS (Point of Sale Terminal). Furthermore, we inform you that, in an effort to provide greater security to credit card owners, we have incorporated into our payment gateway the secure payment system called CES (Secure Electronic Commerce). For orders paid by credit card, once payment has been received, if the customer wishes to return the amount and cancel the order, he/she must pay 10% of the value of the order for bank charges and formalities.

7.3. Prices and product availability

You may purchase any of the products that DELILAB offers for sale on the Portal.

DELILAB will make its best efforts to have the products offered for sale available at all times; however, DELILAB cannot guarantee that the product you wish to purchase will be available at the time you place your order, and will therefore inform you of the availability of the desired product at the time you place your order.

References to DELILAB products on any linked site do not imply that such product is available for sale through that website. Such references shall in no way be construed as an offer for sale by DELILAB.

The prices of the products will be those appearing on the Website at the time you place your order. DELILAB reserves the right to modify the prices of its products at any time, in which case the new prices will be immediately applicable to the new orders that you place, as well as to the modifications that you request in relation to previous orders, it being understood in any case that the price changes will not be applied to orders already placed by you that are in the process of being delivered.

7.4. Taxation

The corresponding VAT rate is included in the prices of the products.

The prices indicated include VAT, although they will be subject to any applicable taxes, in accordance with the information provided by the user, and will at all times be the prices in force, except in the case of typographical errors.

It reserves the right to modify the products contained in and offered through the Portal without prior notice. New products may be added or discontinued without prior notice.

 

8)SHIPMENT OF THE ORDER AND DELIVERY TIMES

The delivery time within the Spanish territory will be between 48 to 72 hours in the case of countries within the rest of Europe will be communicated by email and in agreement with the customer.

The products marketed on the Portal can be purchased from anywhere in the world available in our shipping options.

For orders to the rest of Europe, please contact us at contacto@delilab.coffee for special delivery conditions.

DELILAB is exempt from any liability in the event that the established deadline is exceeded due to unforeseen circumstances, force majeure or due to third parties beyond DELILAB's control.

Orders will always be shipped by a transport agency external to DELILAB and will be sent directly to the delivery address indicated on the order form.

DELILAB reserves the right to vary the type of shipment and the agency by which it is made, independently of what is set out in these conditions, and provided that it does not entail a manifest prejudice to the client.

At the moment of delivery, if the customer finds anomalies due to the transport and is not satisfied, he/she must inexcusably indicate this on the delivery note provided by the assigned transport company, indicating the anomalies found on receipt of the goods. At the moment of reception, the user must note that he/she has received it with damages. If no annotation appears on the delivery note, it is assumed that the product is in "good condition" and your complaint cannot be satisfactorily dealt with.

The freight industry standard for resolving a claim is 8-12 weeks. The Company aims to have all claims resolved within a maximum of 90 working days from the submission of the complete file.

The delivery period described above will be effective in the event that the customer can be found at the place of delivery during this period, in which case the products will be deemed to have been delivered on the date on which DELILAB makes them available to the customer at the place of delivery.

The order will be cancelled and returned to our facilities in the event of a failed delivery attempt due to the customer's fault for which the transport agency cannot take charge of the order until the customer collects it. The costs incurred by the frustrated delivery attempt attributable to the customer shall be borne by the customer.

 

9) GUARANTEES AND RIGHT OF WITHDRAWAL

 

9.1. Guarantee

DELILAB declares that the products it sells have the maximum guarantee of quality, as well as having their legally recognised guarantee periods.

The products purchased on the Portal always have information at least in Spanish, and a customer service in Spain. If you would like more information, please contact us by calling 647 066 871 or by e-mail at contacto@delilab.coffee.

In the event that the marketed product shows any defect, please contact DELILAB customer service immediately by email at contacto@delilab.coffee, where we will indicate the procedure for returning the product. Once the defects have been verified, we will proceed to refund all the amounts paid. The return of the products will in no case involve a direct cost to the user.

When a product is not in conformity, the user may choose to have it replaced, without the user being charged for the costs involved.

To register the complaint and start processing the incident, the user must write an email to contacto@delilab.coffee indicating the facts and will be provided with the necessary instructions to deal with the request.

9.2. Right of withdrawal

In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, users are hereby informed of the following aspects:

The customer shall have a period of 14 calendar days to terminate the sale and purchase, provided that the nature of the goods purchased so permits. This period shall be calculated from the date of receipt by the customer of the purchased goods.

It will be understood that the customer has known the right of withdrawal from the formalisation of the purchase of any product, which requires the reading and acceptance of these GTC, and in any case from the moment the order is placed. This right of withdrawal shall not apply to personalised products or products which, for reasons of hygiene or other legally contemplated exceptions, are not subject to withdrawal.

Returns of orders must be sent to the address we indicate after contacting DELILAB within a period of no more than 14 days from receipt of the order as long as they comply with our return requirements. Simply send us an email to contacto@delilab.coffee indicating your name, address, telephone number, ID number and the product you wish to return. You can also call us on 647 066 871 and we will contact you to arrange a collection date for the product.

The collection of the product will be managed by DELILAB and the direct costs derived from this return will be assumed by the customer as additional costs and expenses. However, in the event of breakage or defects in the product, as long as they are reflected on the delivery note, they will be assumed by DELILAB.

In order to make a return, the following must be taken into account:

  1. To return a product to DELILAB, it must be done within 14 days after the date of receipt of the product. The cost of returning the goods shall be borne by the customer.
  2. The product to be returned must be in its original condition, and without having been used or its seals tampered with.
  3. Opened products cannot be returned unless they are broken, and this has been made clear at the time of delivery, as stated on the delivery note provided by the transport company, in accordance with clause 8. In this case, they will be replaced by the same product.
  4. In case of problems with third party products, DELILAB will follow the exchange/return policy of the manufacturer or distributor. Please inquire about this before placing your order.
  5. You cannot return a product because you do not get the expected result, so please make sure you read the product specifications in detail before placing your order. If in doubt, please contact us.
  6. Shipping costs are to be borne by the customer unless the product is defective or we have made a mistake.
  7. In the event of a return of a purchase paid by credit or debit card, a handling and administration fee may be charged.
  8. We are not responsible for shipments confiscated by customs or other similar entities. If in doubt, please contact your local authorities in your country or area for further information about the product you wish to purchase.

All returns must be previously authorised by DELILAB. To do this, send us an email indicating the reasons for the return and we will contact you to manage it as soon as possible.

The refund of the purchase will be made, in any case, upon receipt of the items at DELILAB. After checking the condition of the goods, which must be unused and in their original packaging, we will proceed to refund the amount (shipping costs not included) through a bank transfer to the account previously indicated.

In the event that the returned item is not in the aforementioned condition, i.e. it has been used in a way that does not correspond to its normal use, it will be returned to the customer, and the corresponding shipping costs will be charged to the customer.

 

10)PRIVACY OF USERS' PERSONAL DATA

DELILAB guarantees the privacy and confidentiality of its users' personal data collected through any system that allows the transmission of this data.

DELILAB will comply with the legislation currently in force in this area, currently, Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (?LOPD?) and the regulations that develop it.

We will not use the data of our buyers, including but not limited to your name and surname, address, telephone number and email address, except for the management of your purchase. We may also inform you of news, if you so wish, that are related to our products and company.

 

11)RELIABILITY, TRUTHFULNESS AND ACCURACY OF THE CONTENT

 

DELILAB undertakes to ensure that the contents, data or information regarding the products or services offered on its website are reliable, truthful and accurate, and is responsible for the prices and characteristics advertised. However, it shall not be held responsible for any information that has been introduced, displayed or modified by third parties outside DELILAB.

 

12)NON-COMPLIANCE OR INFRINGEMENTS BY USERS

 

DELILAB reserves the right to cancel the account of the registered user or client, and may proceed to terminate this contract.

Cancellation as a user and/or as a client may be effected in the event of detecting a breach of any of the contractual obligations contracted in this act, as well as in the event of observing a use of the website and/or the account contrary to the general terms of use, the privacy policy of the website and the uses of good faith accepted in the sector.

 

13)OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

 

The parties undertake to comply with their legal and contractual obligations under these GTC. If one party fails to fulfil any of its obligations, or hinders the other party's fulfilment of its obligations, the other party shall be entitled to claim compensation for damages, both for consequential damages and loss of profit.

The parties shall be liable for their personal breaches, and the other party shall be indemnified against any error, fault or negligence not attributable to it, and against any damage resulting from such breaches or errors attributable to the other party to the contract.

In any case, DELILAB will not be held responsible in the event of unavailability of the product or impossibility of delivery due to force majeure, theft or loss of coupons or error in the order or data provided by the user. However, in such cases, DELILAB will immediately contact the user in order to find the best possible solution to such a situation.

DELILAB will use all commercially and technically possible efforts to keep its services available through the website, which constitutes an obligation that will not, however, apply to any lack of availability or performance caused by causes beyond DELILAB's control.

 

14)COMPLAINTS AND DISPUTE RESOLUTION

 

For any complaint, we have official complaint forms available to consumers and users. You can request them by sending an e-mail to contacto@delilab.coffee.

Your complaints and claims to our customer service will be dealt with as soon as possible and in any case within a maximum period of one month.

If you as a consumer consider that your rights have been violated, you can send us your complaints by telephone at 647 066 871, or by e-mail at contacto@delilab.coffee in order to request an out-of-court settlement of disputes.

In this respect, if the purchase between you and us has been concluded online via our website, in accordance with the EU Regulation No. 524/2013If you live in the European Union, you have the right to request an out-of-court settlement of consumer disputes with us, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/

If you do not reside in the European Union, or if the dispute is not resolved out of court, the applicable law will be Spanish law in the event of a dispute or conflict of interpretation of the terms that make up these General Terms and Conditions of Contract, as well as any question related to the services of this Site. For the resolution of any dispute relating to these terms and conditions, the Spanish Courts and Tribunals shall have jurisdiction.

Prices and costs are approximate and subject to drafting errors.

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