General conditions of use

1. Identification of the parties

Seller
Owner: Ineffable Coffee SL
Trade name: INEFFABLE COFFEE
NIF: B42929810
Address: Calle Pintor Amalio García del Moral, 2B, CP 41.702 Dos Hermanas (Seville), Spain.
Web: https://ineffablecoffee.com
Email: hello@ineffablecoffee.com
Telephone: (+34) 691 56 07 22

Buyer
The BUYER is considered to be the user or user who visits the Website and registers by entering their personal data in the order form or registers as a regular user, after accepting these General Contracting Conditions (hereinafter GTC), who may also be identified as "Buyer" and/or "User".

Likewise, to use this online purchasing service, the User must be of legal age, as established by Spanish law.

Therefore, the parties (Seller and Buyer) expressly accept, without reservation, the provisions of these Terms and Conditions. If the Buyer does not agree with them, they may simply abandon the purchasing process provided on this Portal, just as they may leave the website www.ineffablecoffee.com if they do not agree with its Terms and Conditions.

2. Applicable legislation

These GTC have been prepared in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Law 7/1998, on general contracting conditions, Law 7/1996 on the Regulation of Retail Trade, Law 6/2020, of November 11, regulating certain aspects of trusted electronic services, Law 56/2007 of December 28, on Measures to Promote the Information Society, RDL 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, Law 3/2014, of March 27, which modifies the Revised Text of the General Law for the Defense of Consumers and Users and other complementary Laws, approved by Royal Decree Legislative Decree 1/2007, of November 16 -EDL 2014/35453-, adapts Spanish legislation to the provisions of Directive 2011/83/EU, of October 25, on consumer rights, which repeals Directives 85/577/EEC and 97/7 -EDL 2011/260927-, and other complementary laws and any other applicable legal provisions.

Likewise, all personal data provided by the BUYER during the product acquisition process are processed by the SELLER in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights ("LOPDGDD"), as well as Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data ("RGPD"), being able to obtain complete information on uses and rights in the "Privacy Policy and Legal Notice" section of our website.

3. Object

INEFFABLE COFFEE is primarily dedicated to the sale of coffee products and derivatives via the Internet.

The purchase of any of the products on www.ineffablecoffee.com implies the acceptance as a user, without reservation of any kind, of each and every one of the GTC, the General Conditions of Use of the Portal (Privacy Policy and Legal Notice, as well as Cookies Policy), in addition to any Specific Conditions that, where applicable, govern said purchase.

These Terms and Conditions apply to product orders placed within Spain. You must first contact INEFFABLE COFFEE (hereinafter INEFFABLE) at hola@ineffablecoffee.com if you wish to purchase our products outside of Spain, in order to receive the specific sales conditions for each country.

INEFFABLE reserves the right to make modifications and/or updates to these terms and conditions, which the User will be informed of in advance for acceptance or rejection if they are substantial.

All communications with the User by INEFFABLE will generally be conducted electronically.

4. Language

The User may access www.ineffablecoffee.com, its Privacy Policy and Legal Notice, Cookie 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 will the delivery note. We are not responsible for content automatically translated by third parties offering this service, either through our website or through any application that accesses it.

5. Conditions of operation of electronic contracting

The www.ineffablecoffee.com Portal offers its Users this Online Sales service, through which they can purchase products available on our website.

Pursuant to Article 23 of Law 34/2002, of July 11, on information society services and electronic commerce (LSSI), contracts concluded electronically will produce all the effects provided for by law, provided that consent and the other requirements necessary for their validity are met.

In any case, the electronic medium in which these GTC are recorded, entered into electronically, will be admissible as documentary evidence in the event of a dispute between the parties.

For these purposes, it will be understood that following all stages of the registration process and, where applicable, paying the corresponding amount necessarily imply providing the consent required for the contract.

Pursuant to Article 27 of the Spanish Civil Code (LSSI), the content of these Terms and Conditions (GTC) implies that all information relating to the contracting process is made available to Users prior to the start of the contracting process. This information will only be applicable if the User decides to proceed with the contracting process through www.ineffablecoffee.com.

Likewise, for all purposes, the purchase agreement will be deemed to be completed when the product actually purchased is delivered to the User at the address selected by them.

6. Acquisition of products

Through our Portal, customers can select the products they want and add them to their shopping cart.

Once you have selected the products you intend to purchase, you will need to "Checkout" and fill in the requested information to complete the order.

You will not be required to register if you do not wish to do so to place orders.

Telephone and email orders are not permitted.

7. Economic and payment conditions

7.1. Price

The price of the products sold is indicated next to the description sheet for each of them, and the official currency used in all cases is the Euro (€).

7.2. Payment methods

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

Payment for the price of the purchased goods and shipping costs will be made using the payment methods indicated on the Portal at any given time. We guarantee that each transaction is 100% secure. All transactions involving the transmission of personal or banking data are carried out using a secure environment. At INEFFABLE, we use a server based on standard SSL (Secure Socket Layer) security technology. All information you transmit to us travels encrypted over the network.

The accepted payment methods are:

Redsys virtual POS with credit/debit card compatibility. In this case, your data will be encrypted and sent via a secure server to the financial institution's virtual POS. All information you transmit to us travels encrypted over the network. Likewise, your credit card information is not recorded in any database; it goes directly to the bank's POS (Point of Sale Terminal). Furthermore, we inform you that, in an effort to provide greater security for credit card holders, we have incorporated the secure payment system known as CES (Secure Electronic Commerce) into our payment gateway. For orders paid by card, once payment has been received, if the customer wishes to refund the amount or cancel the order, they must pay a 10% fee for bank and administrative charges.
Through the PayPal platform. You can check the terms of use at: https://www.paypal.com/es/webapps/mpp/ua/useragreement-full.

7.3. Product prices and availability

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

INEFFABLE will make every effort to keep the products offered for sale available at all times; however, INEFFABLE cannot guarantee that the product you wish to purchase will be available at the time you place your order. Therefore, INEFFABLE will inform you of the availability of the desired product at the time you place your order.

References to INEFFABLE products included on any linked site do not imply that such products are available for sale through that website. Such references shall not be construed as an offer to sell by INEFFABLE.

Product prices will be those listed on the Website at the time you place your order. INEFFABLE reserves the right to change its product prices at any time. In this case, the new prices will be immediately applicable to new orders you place, as well as to any changes you request to previous orders. It is understood, in any case, that price changes will not apply to orders you have already placed that are in the process of being delivered.

7.4. Taxes

The corresponding VAT rate is included in the product prices.

The prices indicated include VAT, although they will be subject to applicable taxes, as appropriate, based on the information provided by the user. Prices will always be current, except for typographical errors.

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

7.5. Shipping costs

Shipping is always managed by INEFFABLE, and will be applied as follows.

Free shipping to mainland Spain, for orders over €40
Shipping costs per order are €4.00 (VAT included) for mainland Spain.
We do not ship to the Canary Islands, Ceuta, Melilla, or Gibraltar.

For other areas or countries, go to the shopping cart and enter your address; the shipping cost will appear automatically.

8. Sending the order

The products sold on the Portal can be purchased from the Peninsula, the Balearic Islands, and Portugal. For Europe and the rest of the world, orders will be processed in all countries where the website allows purchases.

Orders will be delivered within 24-48 hours within the Iberian Peninsula, excluding Saturdays, Sundays, and holidays, by a shipping agency. For other destinations, delivery will depend exclusively on the shipping agency and its shipping policies.

For orders to Europe and the rest of the world, please contact us at hola@ineffablecoffee.com for specific shipping conditions.

INEFFABLE is exempt from all liability in cases where the established deadline is exceeded due to unforeseeable circumstances, force majeure, or due to third parties unrelated to INEFFABLE.

Orders will always be placed through a shipping agency external to INEFFABLE and will be sent directly to the shipping address you provide on the order form.

INEFFABLE reserves the right to change the type of shipping and the agency through which it is carried out, regardless of what is stated in these conditions, and provided that it does not cause obvious harm to the customer.

At the time of delivery, if the customer finds any anomalies due to transport and is not satisfied, they must indicate this on the delivery note provided by the assigned shipping company, detailing the anomalies found upon receipt. Upon receipt, the user must note that the product was received damaged. If no such note appears on the delivery note, the product is assumed to be in "good condition," and their claim cannot be satisfactorily addressed.

The freight industry standard for resolving a claim is 8-12 weeks. The Company aims to resolve all claims within 90 business days of submitting the full claim.

The delivery period described will be effective if the customer is available at the delivery location during that period, in which case the products will be deemed delivered on the date INEFFABLE makes them available at the delivery location.

The order will be canceled and returned to our facilities in the event of a failed delivery attempt due to the customer's fault, and the shipping agency cannot accept delivery until the customer collects it. Any costs incurred by the failed delivery attempt attributable to the customer will be borne by the customer.

9. Warranties and right of withdrawal (Returns)

9.1. Warranty

INEFFABLE declares that the products it sells are guaranteed to the highest quality and that they also comply with legally recognized warranty periods.

Products purchased on the Portal always have information available in Spanish, at least, and customer service is available in Spain. If you would like more information, please contact us by calling 691 56 07 22 or by email at hola@ineffablecoffee.com.

If the product sold shows any defects, please contact INEFFABLE Customer Service immediately at hola@ineffablecoffee.com, where we will provide you with the procedure for returning the product. Once the defects have been verified, all amounts paid will be refunded. Returning the products will not, under any circumstances, entail any direct costs for the user.

When a product is not compliant, the user may choose to replace it, without the user being charged for any costs incurred by these events.

To file a complaint and begin processing the incident, the user must send an email to hola@ineffablecoffee.com stating the facts. They will be provided with the necessary instructions to address their request.

9.2. Right of withdrawal

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

For food safety reasons, returns of products ordered by customers outside the European Union or destined for countries outside of it will not be accepted.

For the return of products purchased within the European Union, the customer has a period of 14 calendar days to cancel the purchase, provided the nature of the purchased goods permits. This period will be calculated from the customer's receipt of the purchased goods.

The customer will be deemed to have acknowledged the right of withdrawal from the moment they formalize the purchase of any product, which requires reading and accepting these Terms and Conditions, and in any case from the moment they place the order. This right of withdrawal will not apply to personalized products or those that, for reasons of hygiene or other legally established exceptions, are not subject to withdrawal.

Returns must be sent to the address we provide after contacting INEFFABLE. Simply email us at hola@ineffablecoffee.com with your name, address, phone number, ID number, and the product you wish to return. You can also call us at 691 56 07 22, and we will contact you to arrange a pickup date.

The collection of the product will be handled by INEFFABLE, and the direct costs arising from this return will be borne by the customer as additional costs and expenses. However, in the event of breakage or defects in the product, provided this is noted on the delivery note, these will be borne by INEFFABLE.

Only returns that meet the following requirements will be accepted:

Each product must retain its original packaging and labeling to the extent possible. If the customer returns a product without its original packaging and labeling, the product will be depreciated from its original purchase price.
All products must be returned protected and in perfect condition. Any damage will not entitle them to a refund.
A copy of the delivery note, along with the purchase receipt or invoice, must be included inside the package.

Once the condition of the merchandise has been verified, the refund will be processed within a maximum of 14 calendar days from its arrival at our facilities. The refund will be made through the same means of purchase as the original purchase. If this is not permitted, the refund will be made through a bank transfer or credit to the account indicated by the Customer.

For food safety reasons, returns cannot be made under any circumstances once the product's protective packaging has been opened.

For food safety reasons, food and other perishable products intended for human consumption that have been previously opened or handled by the Customer will not be returned.

If the product received by the Customer does not correspond to the description, qualities or uses advertised by INEFFABLE, the customer will have the right to return the product, with INEFFABLE assuming the return costs.

To make a return, the following must be taken into account:

To return an item to INEFFABLE, it must be made within 14 days of receipt. Return shipping costs will be borne by the customer.
The product to be returned must be in its original condition, and must not have been used or its seals tampered with.
Opened products cannot be returned unless they are broken and this has been demonstrated at the time of delivery, as noted on the delivery note provided by the shipping company, as described in clause 8. In this case, they will be replaced with the same product.
In the event of problems with third-party products, INEFFABLE will adhere to the manufacturer's or distributor's exchange/return policy. Please inquire about this policy before placing your order.
A product cannot be returned for reasons other than the expected results, so please be sure to read the product specifications carefully before placing your order. If you have any questions, please contact us.
Shipping costs are the customer's responsibility unless the product is defective or there is an error on our part.
Refunds for purchases made with a credit or debit card may incur administrative and processing fees.
We are not responsible for shipments confiscated by Customs or other similar entities. If you have any questions, please contact the agencies in your country or region for more information about the product you wish to purchase.

All returns must be previously authorized by INEFFABLE. To do so, please send us an email stating the reasons for the return, and we will contact you to process it as quickly as possible.

In all cases, refunds will be issued upon receipt of the items at INEFFABLE. After checking the condition of the merchandise, which must be unused and in its original packaging, the refund (shipping costs not included) will be processed via bank transfer to the account indicated in advance.

If the returned item is not in the condition mentioned above, that is, if it has been used in a way that does not correspond to normal use, it will be returned to the customer, with the corresponding shipping costs charged.

9.3. Refund policy on your first test order

A 100% refund will be issued for any user's first order, subject to the following conditions:

It must be the first order the user places in the online store.
Applicable exclusively to coffee orders.
The refund covers exclusively a maximum of 4 packages of 250g or one package of 1kg (quantity considered sufficient to try our specialty coffees).

10. Privacy of users' personal data

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

INEFFABLE will comply with the legislation in force at all times on this matter, currently Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights ("LOPDGDD") and the regulations that implement it.

We will not use our buyers' data, including but not limited to their first and last name, address, telephone number, and email address, except to process your purchase. We may also inform you of new developments related to our products and the company, if you so desire.

11. Reliability, truthfulness and accuracy of the contents

INEFFABLE undertakes to ensure that the content, data, or information regarding the products or services offered on its website are reliable, truthful, and accurate, and is responsible for the advertised prices and features. However, it shall not be liable for any information entered, displayed, or modified by third parties other than INEFFABLE.

12. Breaches or violations by users

INEFFABLE reserves the right to cancel the account of any registered user or customer and may terminate this contract.

You may be terminated as a user and/or customer if you detect a breach of any of the contractual obligations entered into herein, or if you observe use of the website and/or account that violates the general terms of use, the website's privacy policy, and accepted industry practices.

13. Obligations and responsibilities of the parties

The parties agree to comply with their legal and contractual obligations arising from these GTC. If one party fails to fulfill any of its obligations, or hinders the other party's fulfillment of its obligations, the other party will be entitled to claim compensation for damages caused, both for consequential damages and for lost profits.

The parties shall be liable for any violations they have personally committed, with the other party being held harmless from any error, fault or negligence not attributable to it, and from any damages arising from such violations or errors attributable to the other contracting party.

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

INEFFABLE will use all commercially and technically reasonable efforts to keep its services available through the website. This obligation, however, shall not apply to any lack of availability or performance caused by reasons beyond INEFFABLE's control.

14. Claims and dispute resolution

For any complaints, we have official complaint forms available to consumers and users. You can request them by emailing hola@ineffablecoffee.com .

Your complaints and claims to our customer service department will be addressed as quickly as possible and, in any case, within a maximum of one month.

If you, as a consumer, believe your rights have been violated, you can direct your complaints to us by calling 691 56 07 22 or emailing hola@ineffablecoffee.com to request an out-of-court dispute resolution process.

In this regard, if the purchase between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that if you live in the European Union you have the right to request an out-of-court settlement of consumer disputes with us, accessible through the following link: http://ec.europa.eu/consumers/odr/

If you do not reside in the European Union, or if the dispute cannot be resolved through out-of-court settlement, Spanish law will apply to any dispute or conflict over the interpretation of the terms contained in these General Terms and Conditions, as well as any matter related to the services offered on this Site.

The Spanish Courts and Tribunals shall have jurisdiction to resolve any dispute relating to these conditions.