Terms & Conditions
1. Scope and Purpose of the General Conditions of the Shop
These General Conditions are intended, together with the order form and the other elements referred to in them, to regulate the terms and conditions governing the provision of the Vernazza Coffee Online Shop Service by Coffee Fellas Lda., with registered address at Rua de Almorode, 161A, 4470-232 Maia, Porto, Portugal, with single registration and VAT number 513 730 648, with share capital of €5,000.00, hereinafter referred to as "Coffee Fellas".
The Service consists in making available, through the access address to the Online Shop that, in addition to providing information on a set of products and/or services, allows the User, by electronic means, to order the products advertised therein, under the terms and conditions described herein.
The order of products must be made by Users with age equal to or greater than 18 (eighteen) years (individuals under the age of eighteen must have the authorization of their representatives). The elements and information transmitted by the User will enjoy full legal effect, recognizing the User electronic acquisitions, not being able to allege the lack of signature for breach of obligations assumed.
2. Product Information and Contents
Coffee Fellas will make every effort to ensure that the information presented is free of typographical errors and will be rapidly corrected whenever they occur.
Coffee Fellas will do its best to send all the products ordered, but it is possible that in certain cases and due to causes difficult to control by Coffee Fellas, such as human error or computer system problems, it may not be possible to supply any of the products requested by the User. If any product is not available after you have placed your order you will be advised by email or telephone. At that moment you will be presented with the possibility of cancelling the order with the respective reimbursement, if you have already made the respective payment.
All information about price, products, specifications, promotional actions and services may be changed at any time by Coffee Fellas.
3.1 All products and services sold in the Online Shop are in accordance with Portuguese Law.
3.2. The Store has adequate levels of security, however Coffee Fellas will not be liable for any damages suffered by the User and/or third parties due to delays, interruptions, errors and suspensions of communications originating from factors beyond its control, including any deficiencies or failures caused by the communications network or communications services provided by third parties, the computer system, the modems, the connection software or any computer viruses or arising from the download through the service of files infected or containing viruses or other properties that may affect the User's equipment. If for any reason of access error to the electronic site of the Online Shop it is impossible to provide the service, Coffee Fellas will not be liable for any damages.
3.3 Data and information consultations made within the framework of this Service are assumed to have been made by the User, Coffee Fellas declines any responsibility arising from the abusive or fraudulent use of the information obtained.
3.4 Coffee Fellas will not be liable for any loss or damage caused by any misuse of the Service not directly attributable to Coffee Fellas by way of intent or gross negligence.
3.5. Coffee Fellas shall not be liable for any loss or damage arising out of failure to perform or faulty performance of the Service when not directly or indirectly attributable to Coffee Fellas by way of willful misconduct or gross negligence and shall not be liable in particular for (i) errors, omissions or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or a third party, including intellectual property violations, (iii) the failure or defective performance resulting from compliance with court orders or administrative authorities or (iv) the failure or defective performance resulting from the occurrence of force majeure, i.e. situations of an extraordinary or unforeseeable nature, external to Coffee Fellas and which cannot be controlled by Coffee Fellas, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Coffee Fellas that prevent or impair the performance of the obligations undertaken.
3.6. Coffee Fellas does not warrant that:
- the Service will be provided uninterruptedly, will be secure, error-free or will function infinitely;
- the quality of any product, service, information or any other material purchased or obtained through the Service will fulfill any of your expectations of it;
- any material obtained in any way through the use of the Service is used at your sole risk and you will be solely responsible for any damage to your computer system and equipment or loss of data that results.
- no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty that is not expressed in these General Conditions.
3.7. The User agrees that Coffee Fellas can in no way be held liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if it has been previously advised by the User of the possibility of such damages), resulting in:
- the use or inability to use the Service;
- the difficulty in obtaining any substitute goods/services;
- the unauthorized access or modification of personal databases.
4. Obligations of the Consumer
4.1. The user undertakes to:
- Provide correct personal data and addresses;
- Not use false identities;
- Respect the order limits imposed.
4.2 If any of the data is incorrect or insufficient, and for this reason there is a delay or impossibility in processing the order, or eventual non-delivery, the responsibility is that of the User, and Coffee Fellas declines any responsibility. In the event that the consumer violates any of these obligations, Coffee Fellas reserves the right to delete future purchases, block access to the store, cancel the provision of any other services provided simultaneously by Coffee Fellas to the same User; and also not allow the future access of the User to any of the services provided by Coffee Fellas.
5. Privacy and Personal Data Protection
5.1. Ensuring the confidentiality of the personal data of users of our website is important to Coffee Fellas. All of your personal information collected, will be used to help make your visit to our site as productive and enjoyable as possible. All personal information regarding members, subscribers, customers or visitors using the website will be treated in accordance with the Personal Data Protection Act of 26 October 1998 (Law No. 67/98). The personal information collected may include your name, e-mail address, telephone and/or cell phone number, address, date of birth and/or others.
5.2 The personal information identified on the order form as being mandatory to provide is indispensable for the provision of the Service by Coffee Fellas. The omission or inaccuracy of the information provided by the User is the sole responsibility of the User and may result in Coffee Fellas refusing to provide the Service.
5.3 The personal data of the User will be processed and stored by computer and will be used by Coffee Fellas in the context of the contractual and/or commercial relationship with the User.
5.4 In accordance with applicable law, the User is guaranteed the right to access, rectify and update his personal data directly or by written request, free of charge.
5.5 The Internet is an open network, therefore the User's personal data, other personal information and all the content hosted in the Service may circulate on the network without security conditions, even at the risk of being accessible and used by unauthorized third parties, and Coffee Fellas will not be liable for such access and/or use.
6. Intellectual Property
6.1 The Shop is a registered site and the Service provided by the site itself is the responsibility of Coffee Fellas.
6.2 The User acknowledges that the Service contains confidential information and is protected by copyright and related rights, industrial property and other applicable legislation.
6.3 The User acknowledges that any content contained in the advertising, highlighting, promotion or mention of any sponsor or advertiser is protected by the laws relating to copyright and related rights, the laws relating to industrial property and other laws for the protection of property, so that any use of such content may only occur under the express authorization of the respective owners.
6.4 The User undertakes to fully respect the rights referred to in the previous paragraph, in particular by refraining from any acts which may violate the law or these rights, such as the reproduction, commercialization, transmission or making available to the public of these contents or any other unauthorized acts which have the same object.
7.Security Service Conditions
7.1. The User undertakes to comply with all applicable legal provisions, in particular not to practice or encourage the practice of illegal acts or acts that are offensive to good morals, such as sending unsolicited communications (spamming) in violation of the provisions of applicable legislation on the processing of personal data and advertising communications through automatic calling machines, and must also comply with the rules of use of the Service, failing which Coffee Fellas may suspend or deactivate the Service as provided in paragraph 14.
7.2 The User expressly acknowledges and accepts that the IP Network is a public electronic communications network that can be used by several users and as such is subject to computer overloads and therefore Coffee Fellas does not guarantee the provision of the Service without interruptions, loss of information or delays.
7.3 Coffee Fellas also does not guarantee the provision of the Service in situations of unforeseeable overload of the systems on which it is based or force majeure (situations of an extraordinary or unforeseeable nature outside Coffee Fellas and that cannot be controlled by Coffee Fellas).
7.4 In the event of interruption of the Service due to an unforeseeable overload of the systems on which it is based, Coffee Fellas agrees to regularize its operation as soon as possible.
8. Suspension and Deactivation of the Service Shop
8.1 Regardless of any prior or subsequent notice, Coffee Fellas may at any time, and in its sole discretion, discontinue making the Service and or part of the Service available to any or all Users.
8.2 Coffee Fellas also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) when the User fails to observe the conditions of use referred to in paragraph 4 and others referred to in the General Conditions;b) when Coffee Fellas terminates access to the Shop, with prior notice of 15 days before the date of termination.
8.3 The suspension or termination of the Service by Coffee Fellas under the preceding paragraphs shall not entitle the User or third parties to any indemnity or other compensation, and Coffee Fellas shall not be liable or in any way encumbered, for any consequence resulting from the suspension, annulment, cancellation of the Service. 8.4 In the situations described above, Coffee Fellas will communicate to the User in advance so that he can, if he wishes, safeguard the content of his order viewing area within 3 (three) working days after sending the email or making the information available on the main page of the Service.
9.1 Without prejudice to other forms of communication provided for in these General Conditions, notifications made to the User relating to the Service, including any amendments to these General Conditions, may be made to the User's email address, by SMS or telephone contact.
9.2 The User agrees to receive any and all communications and/or notifications related to the Online Store to the address, contact telephone number and/or electronic mail address ("email") indicated during the order process.
At any time, you can request not to receive these communications and/or notifications using the Contact Form or by clicking on the option "Do not receive the Newsletter" included in each Newsletter.
10. Technical Settings
10.1 The use of our website assumes the acceptance of the Terms and Conditions. Coffee Fellas reserves the right to change this agreement without notice, so we recommend that you consult it regularly in order to keep it up to date.
10.2 Whenever Coffee Fellas considers it necessary or convenient to optimize the browsing experience and/or improve the connectivity conditions, it may remotely reformulate the network configurations.
10.3 Without prejudice to the following paragraphs, and taking into account the innovative nature of the Service and the technological developments to which it may be subject, Coffee Fellas may change the technical settings of the Service whenever it is convenient to adapt it to possible technological developments.
10.4 Coffee Fellas does not guarantee the User any upgrades or improvements to the Service.
11.1. The shipping of orders will be done through Kargo or directly by Coffee Fellas. Shipping costs are calculated automatically by the online platform according to the size, weight and place of delivery, and are borne by the consumer, however they will follow the following rules, under normal conditions:
- Free shipping for orders over €20 for mainland Portugal (Azores and Madeira not included).
- Free shipping for orders over 30 euros to the Azores and Madeira, as well as Peninsular Spain (Balearic and Canary Islands not included)
- Free shipping on orders over 80 euros to the following countries: Austria, Belgium, Denmark, France, Germany, Italy, Luxembourg, Netherlands, Poland, Czech Republic
- Free shipping on orders over 100 euros to the following countries: Estonia, Finland, Germany, Ireland, Lithuania, Slovakia, Slovenia, Sweden
11.2. Coffe Fellas works with Kargo for various national and international orders. The estimated delivery times are as follows:
- Portugal Mainland, Azores, Madeira, Peninsular Spain: 2 days
- Germany, France, Luxembourg: 3 days
- Austria, Belgium, Denmark, Slovakia, Netherlands, Poland, Czech Republic: 4 days
- Spain Balearic and Canary Islands: 4-5 days
- Italy: 4-6 days
- Estonia, Finland, Ireland, Lithuania, Slovenia, Sweden: 5-7 days
11.3. Our order preparation and shipping days are every Friday.
11.4. International shipping fees cover shipping costs only. Please note that any additional taxes and duties are not included in the price of your order. These taxes and fees, if any, must be paid by the recipient of the order.
12. Returns and Refunds
12.1 Coffee Fellas gives refunds in the following cases:
- Wrong item sent by Coffee Fellas;
- Order not received due to carrier error;
- In the following cases we do not give refunds:
- If the item is in good condition and the customer no longer wants it for any reason;
- If the item is not delivered on time, the delivery company returns the package to us if the end customer was not able to receive the item. Coffee Fellas is not responsible if the carrier is unable/unable to contact the customer, to make the delivery of the item(s);
- If for any reason whatsoever the inner seal of the package is open;
- Other cases where there was no error on the part of Coffee Fellas or the carrier.
12.2. To request the return or exchange of an item you will need to send images of the following elements:
- Transport waybill;
- The box where the article arrived;
- The article(s) to be returned or exchanged;
- If these images are not provided, we will not be able to proceed with any exchange or refund.
13. Resolution of Consumer Conflicts
13.1. In case of a consumer dispute, the consumer may resort to the following entity for alternative resolution of consumer disputes:
CICAP - Consumer Arbitration Court
Rua Damião de Góis, 31, Loja 6
+351 22 550 83 49 / +351 22 502 97 91
14. Applicable Law
14.1. The general conditions, services, and any existing contract are governed by Portuguese law.