GENERAL TERMS AND CONDITIONS OF SALE

Effective date: 15 May 2023

Set out below is the contractual document that will govern the purchase of products through this website, owned by RETM QUINTO ASOCIADOS, S.L. (hereinafter the Owner). Once the commercial transaction has been carried out, in accordance with Article 5 of Ley 7/1998, de 13 de abril, de Condiciones Generales de la Contratación (Spanish General Terms and Conditions of Contract Act), once the user confirms said transaction, having previously received the proof of contract that includes the terms governing it, the user shall be deemed to accept the contents of this document.

Acceptance of said commercial transaction under the conditions described above therefore means that the user has read, understands and comprehends what is set out herein and:

1. Is a person with sufficient legal capacity to enter into contracts.
2. Assumes all the obligations set out herein.

These Conditions shall be valid for an indefinite period and shall apply to all purchases made through the website of RETM QUINTO ASOCIADOS, S.L., or the OWNER. 

The OWNER reserves the right to unilaterally amend these Conditions, without this affecting the conditions of goods or promotions acquired prior to the amendment, and will at all times make the new Conditions available to the user before each new purchase.

In the case of wholesale sales to businesses for professional use, Articles 325 to 345 of the Código de Comercio (Spanish Commercial Code) shall apply to these conditions where relevant, as well as, in general, all provisions of Ley 34/2002 de Servicios de Sociedad de la Información y Comercio Electrónico (LSSI – Information Society Services and Electronic Commerce Act), the Código Civil (Spanish Civil Code) and all other related legislation.

IDENTITY OF THE PARTIES

On the one hand, the supplier of the goods purchased by the user is RETM QUINTO ASOCIADOS, S.L. (hereinafter “the RESPONSIBLE PARTY”), with CIF B44685592 and registered office at Ronda de la Luna 7, 5B – CP 28760 Tres Cantos (Madrid), registered in the Registro Mercantil de Madrid (Madrid Commercial Registry), volume 44827, folio 50, entry 1, sheet M-789202, with customer service telephone 695 52 83 17 and contact email hola@quintocafe.es.   

And on the other, the user, who must register on the website through the channels provided for the sole purpose of processing, managing and tracking their order, as well as issuing the corresponding invoice in the buyer’s name.  

PURPOSE OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship of sale and purchase arising between the OWNER and the user at the moment the user ticks the corresponding box during the online purchase process, thereby accepting these Conditions of Sale. The OWNER offers the possibility of purchasing coffee, according to the different types and prices indicated at any given time, and transactions may likewise be carried out for coffee-related accessories and services, such as coffee machines, grinders and any others included on the website at any time by the OWNER.

The contractual relationship of sale and purchase entails the delivery of a specific product or products in exchange for a set price publicly displayed on the website.

PURCHASE PROCEDURE 

You may place your order:

* Online through our website (24 h a day, 365 days a year).

* By WhatsApp, through the established channels

In order to access the services offered by the OWNER the user may purchase any item on the website without having to sign up, or may first register as a customer, at their choice.

Accordingly, in compliance with Article 27 of Ley 34/2002, de Servicios de la Sociedad de la Información y del Comercio Electrónico, the purchase procedure will follow these steps:

1. Whatever channel is used, the user will select the item(s) or product(s) they wish to buy, which will be added to the shopping basket.
2. Once the products have been selected, a window opens showing the shopping basket and confirming that the selected product has been added to the basket, allowing the user to “Check out” to make the payment or to continue shopping. For orders placed via WhatsApp or any other instant messaging channel, the OWNER will validate the order and a payment link will be generated confirming the price and shipping costs, where applicable
3. Next, a page is displayed with a summary of the purchase, showing the product with its detailed description and characteristics, the price and total number of units purchased, as well as the payment methods available for the user’s Autonomous Community. There is also a link to the privacy policy of the OWNER. In addition, the same page collects the minimum data necessary for managing, tracking and invoicing the order. Specifically, where the user is a natural person, customer and end consumer, the following data will be requested:

• First name 
• Surname(s)
• Company (if applicable)
• Country / Region
• Street address
• Postcode
• Town / City
• Province
• Telephone
• Email address
• DNI/NIE/CIF

In any case, the mandatory data, whether for delivering the product or for issuing the invoice requested by the customer, will be marked as such.

There is also a section for adding notes about the order placed, as well as an unticked box to accept receiving newsletters and emails 

1. A checkbox appears to confirm that the conditions of sale have been read, together with the complete information on the order placed by the user. Therefore, when the user agrees with the information received about their purchase and the purchase process, in order to complete the order, the user must click on the order button that entails an obligation to pay.

In any case, the purchase platform of the OWNER will confirm and inform the user, once the purchase procedure has been completed, by email, of all the characteristics, price, means of transport, date of purchase and estimated delivery of the product or service purchased. This document, known as the post-contractual document, will be available to the user at all times. 

PAYMENT METHOD 

To pay for their order, the user-buyer may use the secure payment platforms STRIPE and PAYPAL, which comply with all the security standards necessary to ensure the confidentiality of their bank details.

In any case, the OWNER will not have access to said bank details, acting merely as an intermediary for these purposes. 

Likewise, for orders placed via WhatsApp, payment by Bizum will be accepted.

DELIVERY OF ORDERS

The OWNER ships through different courier companies, in this case the courier TIPSA. Your data will be disclosed as necessary for the provision of the service, solely for the purpose of delivering the product previously purchased on our website, which is strictly necessary for shipping the item and for tracking by said company via SMS or email. In any case, the OWNER will maintain the corresponding signed confidentiality agreements and data access contracts, in accordance with Article 28 of the RGPD (GDPR), with the companies delivering the order, in this case, as stated, the company TIPSA.

The OWNER will make every effort to deliver orders promptly, doing its utmost to resolve any incident that may arise. Under no circumstances may the user hold the OWNER liable in any way for possible delivery delays in the event of supervening circumstances of force majeure.

Orders will be delivered to the address freely designated by the user. The OWNER accepts no liability whatsoever when delivery of the product or service cannot be made because the data provided by the user are false, inaccurate or incomplete. 

The courier company will make two attempts at said address. If the order is not collected by the customer, it will be left at the office closest to the customer’s address for the customer to collect.  If the order has not been collected after a period of fifteen days, it will be returned to the premises of the OWNER,      without any right to a refund for the CUSTOMER.

The process will be as follows: 

1. The OWNER will prepare the corresponding orders, and the prepared parcels will be collected from its premises Monday to Friday between 17:00 and 18:00. The carrier will sign the list of collected shipments, and from that moment responsibility for transporting the products lies with the carrier. 
2. TIPSA will process the orders, dispatching the parcels to the TIPSA Hub for distribution.
3.  The local TIPSA Office (Destination) will deliver the parcels between 24 and 48 h after the day of collection.
4.  Parcels collected on Fridays, between 17:00 and 18:00, will be delivered on the following Monday or Tuesday, depending on service requirements. If one or both of these days are public holidays in the region of origin or destination, the delivery time will be extended by one or two days, depending on the number of public holidays.  
5. Delivery attempts are made once a day, up to a maximum of two attempts. After the second failed attempt, the destination agency will hold the parcel until a third attempt is arranged with the recipient, which will be the last. 
6.  Couriers will call the recipient if they are not at home, in order to receive instructions.
7. The recipient or customer always has the option of collecting the shipment from the destination agency at no cost within 15 days of the first delivery attempt. 
8. If the order cannot be delivered on the third attempt, the customer does not collect it from the destination agency, or it is impossible to contact the customer within fifteen days, the destination agency will return the shipment to origin, without any right to a refund. If the recipient or customer requests a new shipment, the corresponding charge for this new shipment will be applied.

Delivery time

Delivery times will vary depending on different parameters. Specifically:

1.- Monday to Thursday, for orders placed before 15:00, dispatch, i.e. preparation of the order, takes place the same day, and delivery will be made within the following 48 h. 

2.-  If the order is placed after 15:01, it will be prepared the following day, with delivery within a maximum of 72 h. 

3.- Orders placed on Fridays after 15:00, Saturdays and/or Sundays will be dispatched on the next working day, with delivery 24/48 h after dispatch. 

4.- On public holidays, orders will be prepared on the next working day, provided the holiday applies in the place where the OWNER is based, and delivery will be made within a maximum of 48 h from the day the order is prepared, i.e. the first working day after the holiday.  

This delivery time will be specified in each order, depending on what the user has selected.

However, THE OWNER advises that, exceptionally, this time may be longer than that specified in the order due to circumstances of force majeure. The user will be notified of this at all times and will in any case retain their right to claim, it being the responsibility of the OWNER to prove the case of force majeure alleged.

> COSTS OF 

SHIPPING COSTS

SHIPPING AND RETURN COSTS:

SHIPPING INFORMATION AND COSTS:

• For shipments within mainland Spain, no shipping costs will be charged on purchases over thirty euros (€30). If free shipping is offered under other conditions, this will be specified in advance. Unless otherwise indicated, the shipping costs, which will be shown both in the pre-contractual document available to the user and in the document generated after purchase, will be those indicated in the pre-contractual document. 

• For shipments to other European countries, shipping will not include customs duties, taxes or other applicable charges, which will in all cases, unless otherwise stated, be borne by the user. 

PRICE AND VALIDITY PERIOD OF THE OFFER

The prices applicable to each product will be those published on the website, the price of the products remaining the same from the start to the end of the purchase; under no circumstances may said price be changed by the OWNER during the purchase process

The prices shown for each product include Value Added Tax (IVA) or any other taxes that may be applicable and will in all cases be expressed in euros. Unless expressly stated otherwise, said prices include shipping costs for orders over thirty (30) euros or where specifically stated,  handling, packaging, shipping insurance or any other services additional and ancillary to the product or service purchased, of which the user will in all cases be informed in advance.
     

For any information about the order, the user may send an email to hola@quintocafe.es,   and we will reply as soon as possible. 

RIGHT OF WITHDRAWAL AND RETURNS

This clause applies to end consumers considered as such under current consumer and user legislation, and does not apply to customers that are legal persons or businesses, for whom the aforementioned right of withdrawal is not provided.

Current legislation, in this case Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (Royal Legislative Decree 1/2007 approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws) provides that the user will have a period of fourteen calendar days from the date of receipt of the product to exercise their right of withdrawal (withdrawal form here), with the parties having to return to each other what they have received, in accordance with the provisions of Articles 1.303 and 1.308 of the Código Civil. The form provided is a quicker way to send the notification, but the user may nevertheless exercise their right by any legally admissible means.

The user must return the product within 14 calendar days of the day on which they notified their withdrawal. In any case, unless the return is due to defects in the product, the costs of the return shipment will be borne by the user. The return must be sent to the address provided by the OWNER in each case.

The item must be in perfect condition, sealed and in its original packaging, and coffee bags must in all cases be unopened. Otherwise, the user will lose their right of withdrawal. Items sent back incomplete or tampered with will not be accepted.  Under no circumstances will the OWNER be liable for any damage or loss that may occur while a return is in transit from the customer. 

The OWNER undertakes, once the user has exercised the right of withdrawal within the legally established period, to refund the amount paid within a maximum of 14 calendar days, including, where applicable, delivery costs. If the user expressly chooses a delivery method other than that used by THE OWNER the latter will not be obliged to reimburse the user for any additional costs arising therefrom.

The OWNER may withhold the refund until it has received the goods, or until the user provides proof of having returned them.

The OWNER must make the refund referred to in the first paragraph using the same means of payment used by the consumer for the initial transaction, unless the user-consumer has expressly agreed otherwise and provided that they do not incur any cost as a result of the refund.

APPLICABLE GUARANTEES

All products offered through the website are completely original, unless otherwise indicated in their description. All of them have a three-year guarantee period, in accordance with the criteria and conditions set out in the amendment to Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias.

EXCHANGES AND RETURNS

Returns of Products due to shipping errors

If you have received a product different from the one purchased due to an error by THE OWNER we will send you the correct one as soon as possible.

If the error is not ours, the return of the product will not be accepted, the USER being responsible for correctly completing their details.

Returns of Defective or Damaged Products  

If the item is damaged or defective, the customer must contact the OWNER as soon as possible by email at 

hola@quintocafe.es.   

The USER, if the item is damaged, may choose between termination of the contract, which will entail returning the item with a full refund of the amount paid, or replacement with another product of the same quality and characteristics 

Replacement of the product will be made as soon as possible and in any case within 30 calendar days of the date of notification by the user.  

Likewise, the OWNER cannot be held liable for defects or deterioration caused by external events of force majeure or fortuitous events.

Regardless of the reason for the return, it must be authorised in advance, for which the following conditions must be met:

• Products must be returned within 14 calendar days of the date on which the user received the order.
• Products must be returned in the same condition in which they were delivered, which means that containers must not have been opened, nor the seals, caps, labels and other elements affecting the packaging requirements for the proper preservation or sale of the product. The exception is utensils and materials, which the user may open in order to check the order.

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed and interpreted in accordance with Spanish law in all matters not expressly set out herein. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the user’s place of residence.

If the user resides outside Spain, the provider and the user expressly waive any other jurisdiction and submit to the Courts and Tribunals of the city of Madrid – Spain.

Likewise, the USER may access the European Union online dispute resolution platform via the following link https://ec.europa.eu/consumers/odr/main/?event=main.home.selfTest. 

AMENDMENT OF THE CONDITIONS OF SALE

The OWNER reserves the right to amend these Conditions of Sale at its own discretion, or in particular due to legislative, case-law or doctrinal changes. Any amendment will be published at least fourteen days before it takes effect, and the user must in any case accept the new conditions during the purchase process, before the transaction is completed. The incorporation of the general conditions into the contract shall be deemed accepted when the OWNER has expressly informed the user of their existence and provided them with a copy thereof.