Terms of service
SALES & REFUND TERMS AND CONDITIONS (“TERMS”)
1 APPLICABILITY
1.1 This website is operated by La Cabra Risteri ApS, a Danish registered limited company (Company reg. 43681176), with it’s registered address at Marguerite Vibys Plads 1, DK-2000 Frederiksberg (“La Cabra”, “we”, “us” and “our”).
1.2 These terms and conditions (the “Terms”) apply to all orders (”Order”) placed by private customers (the “Customer”) in our webshop (“Webshop”). Thus, the Terms create a legally binding agreement between the Customer and La Cabra regarding any Orders placed in the Webshop.
1.3 We may revise the Terms for future Orders without notice by posting the revised terms on the website. Please read the Terms carefully before placing an order in our Webshop.
1.4 To place an Order on the Webshop, you must be at least 16 years old.
1.5 The Webshop is intended solely for La Cabra to sell products to end-customers. Thus, any purchase of products intended for resale is strictly prohibited. If La Cabra believes that the Customer is involved in a purchase for resale, La Cabra reserves the right to take any action against the Customer, including, without limitation, to restrict or cancel your orders.
1.6 If you have any questions regarding these Terms, please contact us at webshop@lacabra.dk.
2 ORDER AND ORDER CONFIRMATION
2.1 After placing an Order, the Customer will receive an email with a copy of the Terms confirming the Order (”Order Confirmation”). Our acceptance of the Order takes place when you receive the Order Confirmation.
2.2 If we are unable to supply the products in the Order, we will inform the Customer by email as soon as possible. Fulfilment of any Orders in our Webshop is subject to availability, and we explicitly reserve the right not to fulfill an Order for any reason.
2.3 We also reserve the right to cancel an Order by email without being liable for damages or costs other than repayment of any amount received from the Customer in relation to the Order.
3 DELIVERY
3.1 The Order will be shipped within the timeframe specified in the Order Confirmation, or if no timeframe is specified, then within 30 days of the date of the Order Confirmation.
3.2 The Customer will receive an email when the Order is ready for delivery.
3.3 If possible, we will deliver all the products in the Order at the same time. However, we reserve the right to split deliveries, for instance if part of the Order is delayed or unavailable. If we split a delivery, we will notify the Customer by email. The Customer will not be charged for any additional delivery costs.
3.4 The Customer shall inspect the packaging for damage upon delivery. If it appears that the products are damaged, please do not accept the shipment.
3.5 If the Customer does not collect the package in time and it is returned to us, the Customer will be liable for any shipping costs associated with a second delivery attempt.
4 PRICES AND PAYMENT
4.1 Payment can be made with Mastercard, Visa, Maestro, American Express, iDEAL, Bancontact, Shop Pay, Google Pay, Apple Pay and MobilePay.
4.2 The due amount will be deducted from the chosen payment method at the time of shipment.
4.3 All prices are including VAT and taxes.
4.4 Shipping rates are applied per order, unless the Order exceed the threshold for free ‘standard delivery’ or split in accordance with section 3. The shipping rates depend on the country of delivery. For details on shipping rates visit our shipping page.
4.5 If La Cabra's payment terms and conditions are not met, a monthly interest rate p.a. will be charged corresponding to the set reference interest rate supplemented by 8 percent. The reference interest rate is the lending rate set by Nationalbanken (Denmark’s National Bank), and the rate is set twice a year, 1st July and 1st January respectively.
4.6 Accrued receivables may prevent planned deliveries.
5 ELECTRONIC GIFT CERTIFICATES
5.1 Electronic gift certificates (“Gift Certificate”) can be purchased in the Webshop.
5.2 If the amount of a Gift Certificate is for a higher amount than the total amount of the Order, the balance will be stored with the Customer’s account for the next purchase using the same Gift Certificate.
5.3 We do not replace lost or stolen Gift Certificates.
5.4 Gift Certificates for our subscription service are issued as separate gift certificates uniquely for the subscription service.
5.5 La Cabra's Gift Certificates are valid for a period of 2 years from date of purchase.
6 COFFEE SUBSCRIPTIONS
6.1 The Customer will receive an email with the estimated date of delivery and payment specifications when the subscribed products are ready for delivery. The due amount will be deducted from the chosen payment method when the products are ready for delivery, and the Order will be shipped, when the payment has been successfully processed.
6.2 The Customer can login to the Customer’s account and change a coffee subscription. The Customer can also update shipping schedules, address and billing info, payment information, cancel subscriptions and view the payment history.
6.3 The coffee subscription will continue until we receive a cancelation in the Customer’s account. It is the Customers sole responsibility to cancel an active subscription. If the Customer cancel a subscription, the cancellation comes into effect, when the Customer receive a cancelation confirmation via email.
6.4 International coffee subscriptions will be sent as a letter service with tracking. We also offer DHL Express for an extra fee. See our shipping page for more info. Danish shipments will be sent as packages with tracking.
7 CANCELLATION AND RETURNS
7.1 The Customer may cancel any Order free of charge and without giving us any reason, provided we haven’t shipped the product(s). The Customer can cancel the Order by sending a message to our customer service via the online chat.
7.2 If the Customer is a consumer, a purchase is, with exception of the products mentioned in section 6, subject to the rules of the Danish Consumer Contracts act, which entails that the Customer has a right to cancel the Order without reason within 14 days of delivery.
7.3 If the 14-day deadline expires on a public holiday, Saturday, Christmas Eve or New Year's Eve, the deadline is extended to the following business day.
7.4 If the Order include multiple products, the Customer can choose to cancel the purchase of some or all products.
7.5 The Customer cannot cancel an Order by refusing to accept the goods or by failing to collect them without giving formal notice of cancellation in accordance with our return policy.
7.6 The Customers right to cancel an Order does not apply to products which has been sealed for health protection or hygiene reasons, and where the seal has been broken after delivery or event tickets. This include all La Cabra coffee products and tickets to our events held by us or our partners. We will always inform the Customer of any limitations in the Customers right to cancel an Order, when the Customer purchase the products in our webshop.
7.7 If the Customer wish to cancel an Order, the products must be returned to us without undue delay and no later than 30 calendar days from the day on which the Customer has communicated the cancellation to us. Products can only be returned by following the instructions in our return policy.
7.8 All coffee products and other food products included in section 6 must be returned in brand new, unused condition, with all tags and unbroken packaging. If the packaging of such products are broken, the Customer will loose the right to cancel the Order.
7.9 All other products must be returned in original packaging. The packaging may be opened, but not destroyed. If the packaging is missing or damaged, this may constitute a reduction in value for which the Customer is liable in accordance with section 10.
7.10 If the Customer wishes to cancel an Order in accordance with section 2, but has taken the product into use, we can claim a reimbursement relating to the customers use of the product other than what is necessary to determine the nature, characteristics and functioning of the product.
7.11 It is solely the Customer’s responsibility for the shipment of the returned products, and the products are considered returned, when delivered to us in accordance with our return policy.
7.12 Original Order shipping charges, if applicable, are not refundable.
8 NOTICE IN CASE OF DEFAULT
8.1 The rules of the Danish Sale of Goods Act apply to purchases in our webshop. The Customer has a 2-year warranty if the product is defect. A defect is, for example, a manufacturing or material defect or incorrect information about the product. Ordinary wear and tear and damage inflicted by the Customer is not a defect.
8.2 If the Customer discover a defect, the Customer must complain to us within reasonable time an as soon as possible.
8.3 If the complaint is justified, we will reimburse reasonable and documented shipping costs.
8.4 If the product has a defect and the Customer files a complaint in time, the Customer has the right to have the product repaired or replaced in the first instance. If it’s not possible to repair or replace the product within reasonable time, the Customer may be entitled to a refund or a reduction in price, depending on the circumstances.
8.5 The Customer can file a complaint and return the defect product by following the instructions in our return policy.
9 ACCOUNT INFORMATION
9.1 The Customer is solely responsible to make sure that the Customers’ account information is correct and accurate, including, but not limited to shipping address, email address and payment information.
9.2 The Customer must promptly update the Customers’ account information when necessary, so we can complete any transactions and contact the Customer as needed.
10 PRODUCTS
10.1 All coffee products are sold in whole bean only.
10.2 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that any computer monitor's display of any colour will be accurate.
10.3 The materials and descriptions on our website are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material and descriptions is at the Customer’s own risk.
11 PERSONAL DATA
11.1 The Customers submission of personal data through the Webshop is governed by La Cabra's Privacy Policy.
12 ERRORS, INACCURACIES AND OMISSIONS
12.1 Occasionally there may be information in our Webshop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information is inaccurate at any time without prior notice.
13 DISCLAIMER AND WARRENTIES AND LIMITATION OF LIABILITY
13.1 The products are (except otherwise expressly stated by us) provided 'as is' and 'as available' for the Customers use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.2 La Cabras liability for any damage to property caused by the products after delivery (product liability) is limited to the rules in mandatory law. Except where prohibited by mandatory law or case law, La Cabras limitation of liability in connection with product liability is limited to an amount of EUR 1,000,000 per claim. Notwithstanding the abovementioned the Customer agree that La Cabra shall not be liable for any damage to property caused by the products after delivery to the extent the products are altered by the Customer or a third party, built in or incorporated into other products.
13.3 Except where prohibited by law or case law, La Cabras total aggregated liability for damages arising out of or in connection with an Order is, unless otherwise stated in the Terms, limited to an amount equal to the price paid to La Cabra under the Order. If the limitation of liability is found to be invalid, La Cabras liability shall be determined at the minimum level under mandatory applicable law.
14 FORCE MAJEURE
14.1 Force majeure means an act or event beyond our reasonable control, including without limitation strikes, lock outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster and associated consequences in the form of quarantine or prohibition by authorities and impact on infrastructure.
14.2 If a force majeure event takes place and affects the performance of our obligations under the Terms:
a. we will contact the Customer as soon as reasonably possible;
b. our obligations under these Terms will be suspended; and
c. the time for performance of our obligations will be extended for the duration of the force majeure event.
14.3 Where a force majeure event affects our delivery of an Order, we will arrange a new delivery date after the force majeure event is over. The Customer may cancel the contract if a force majeure event takes place. La Cabra shall not have any further liability towards the Customer due to a force majeure event.
15 MISCELLANEOUS
15.1 La Cabra may at any time transfer all rights and obligations under the Terms to another legal entity or third party, without affecting the Customers rights or obligations under the Terms. The Customer can only transfer the Customers rights and obligations under the Terms to a third party if it is agreed with La Cabra in writing.
15.2 If La Cabra fail to insist that the Customer perform any obligations under the Terms, or if we do not enforce our rights against the Customer, or if we delay in doing so, it will not mean that we have waived our rights against the Customer, and it will not mean that the Customer is released from fulfilling these obligations.
15.3 In the event that any provisions of the Terms are determined to be unlawful, void or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
16 COMPLAINTS
16.1 In case the Customer wishes to file a complaint, please contact us via contact at webshop@lacabra.dk.
16.2 The Customer may also file a complaint to the Online Dispute Resolution (ODR) platform: http://ec.europa.eu/odr.
17 GOVERNING LAW
17.1 Any dispute between the Customer and La Cabra shall be governed in all respects by the substantive laws of Danmark, without regard to choice of law provisions.
17.2 All disputes, claims and legal proceedings arising directly or indirectly out of or relating to the Webshop (including but not limited to the purchase of products) shall be resolved by the Court of Aarhus, Denmark in first instance.
17.3 The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.