1.- PRELIMINARY PROVISIONS

The service provider is Mare Terra Coffee S.L. (hereinafter, Mare Terra), CIF B49214950, domiciled at Calle Esteve Terrades 1, Espacios 309-311, 08860, Castelledefels (Barcelona, Spain) with telephone (+34) 936363947 and e-mail info@mareterracoffee.com.

This document regulates the conditions governing the purchase of products offered by Mare Terra through this website.

In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the user must carefully read the Legal Notice, Privacy Policy and Cookies Policy that appear on our website.

By using this website, making and/or requesting the purchase of products through this website , the user agrees to be bound by these terms and conditions and all of the above, so if you do not agree with all of the above, you should not use this website.

Likewise, if you have any questions regarding these conditions governing the purchase of products, your privacy or the conditions of use of this website, please do not hesitate to contact us through the contact methods indicated.

Mare terra reserves the right to modify these conditions of purchase without prior notice, being able to change, delete or add both the contents and products offered through it, as well as the way in which they are presented or located on its servers. The user is responsible for consulting these conditions each time he/she accesses and/or browses this web site, as those in force at the time the purchase of products is requested will be applicable. You can always consult and print the updated version by clicking on the link “Conditions of purchase”.

2.- COMMON CONDITIONS AND APPLICABLE LEGISLATION

These General Conditions (hereinafter “Conditions”) are governed, among other precepts, by the provisions of Book II of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws and, in particular, by Title III of Book II “Contracts concluded at a distance and outside a commercial establishment” as well as by other rules applicable to electronic commerce (Law 34/2002 of July 11, 2002 on Services of the Information Society and Electronic Commerce). Before sending the purchase order, it is recommended to read these Conditions carefully, print or save them in order to file them and expressly accept them by clicking on the corresponding checkbox that you will find in the purchase process.

This contract and, therefore, the general conditions it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, filed and reproduced by the usual electronic or computer means.

3.- USER OBLIGATIONS

The access, navigation and use of the website, confers the condition of user, so you accept, from the beginning of the navigation, all the conditions set forth herein.

By placing an order, the user warrants that he/she is over 18 años and has the legal capacity to enter into binding contracts.

As a user, you are obliged to communicate to Mare Terra all the data necessary for accessing and using the services of this website. These must be accurate, truthful, lawful and current, and you consent that we may use them to contact you if necessary, as explained in our Privacy Policy .

It is essential that you provide all the information necessary to process your request, otherwise we will not be able to process your order. We will not be responsible in any case for possible delays or failures in the delivery as a consequence of the error or omission of these data.

The user shall make proper use of the services included in the website, always in accordance with the legal system and shall not carry out any activity that hinders or interferes with its operation.

The web site is mainly directed to users residing in Spain. Mare Terra does not assure that the web site complies with the legislation of other countries, either totally or partially, Mare Terra declines all responsibility that may derive from such access.

The user will be able to formalize with Mare Terra the contract of sale of the desired products in Spanish, English, French, German, Portuguese, Italian and Russian.

Orders may only be placed for the purchase of products not for resale. Any resale or distribution of products purchased through the website is strictly prohibited.

We reserve the right to cancel fraudulent, false or speculative orders, as well as those orders that have been requested by a customer with whom there may be a difference./We may have reasonable doubtthat the customer is violating any of the specified conditions of purchase or is participating in any criminal activity.

4.- SAFETY MEASURES

We will make all reasonable efforts to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed secure against access by unauthorized recipients and you will not hold us liable for any failure of security unless it is due to our negligence.

Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your user name and password and notify us immediately of the loss, misplacement, theft, robbery or illegitimate access to your user name and password, as well as their knowledge by third parties.

5.- CONDITIONS APPLICABLE TO ORDERS

All products offered on this website are sold directly by Mare Terra with CIF B49214950 and address at Calle Esteve Terrades 1, Espacios 309-311, 08860, Castelldefels (Barcelona, Spain).

In order for you to place an order, you must follow the online purchasing procedures described below:

5.1.- Purchase procedure

In order to access the prices of the products, you must be previously registered on our website (https://mareterracoffee.com/es/registro), you must enter your username or email and password and the system will recognize your data (https://mareterracoffee.com/es/intranet/login#).

You will be able to browse the website until you find the desired item. Once located, by clicking on it, you will have access to all the information and details about the product, in a labeled and differentiated way.

You can add the product to your shopping cart by clicking on the ‘buy’ button. You can continue browsing, select more products and add them to the cart, or go to the final shopping area by clicking on the image of the cart where the selected products are indicated.

Once in the shopping cart you will be able to view the list of products you have selected, detailing the unit price, quantity and total price for each item. In the detail ‘cart total’ you can see the total price to be paid including the corresponding taxes, shipping costs and the discount applied by means of the discount coupon.

Once you have selected and included all the desired products in the basket, and you want to proceed to finalize the purchase, you must click on ‘Checkout now’. If you are placing an order for the first time with us, you will be asked to enter your details in the ‘Billing Address’ form, select the shipping method and payment method, accept the website’s terms of purchase and privacy policy, and finally, you will be able to make payment using your chosen method.

In the case of a credit card, you will use the payment gateway enabled by Mare Terra and managed through your bank. You must enter the card number, expiration date and security code and click on pay. The user guarantees and is responsible that all data provided on your card are valid.

Subsequently, the user will receive an e-mail confirming that Mare Terra has received his order, this will be the confirmation of the order. You will also be informed by e-mail when your purchase is being shipped.

The user acknowledges being aware, at the time of purchase, of certain particular conditions of purchase of the products and that are shown next to the presentation and image of each product on the website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details or characteristics; and acknowledges that the completion of the purchase order materializes the full and complete acceptance of the particular conditions of purchase applicable to each case.

5.2.- Coverage of the offer

The area of physical delivery of these items will be within the following territory: Europe, Asia, Africa, America, Oceania.

5.3.- Availability

All orders are subject to product availability and/or that no circumstance or force majeure affects the supply of the products. In the event of difficulties in the supply of the products or if there are no products in stock, Mare Terra undertakes to contact the user and reimburse any amount that may have been paid.

It is not possible to provide more precise information about the availability of a product beyond that shown on the product information page or elsewhere on the website. When the order is processed, you will be informed as soon as possible by e-mail if any of the products included in the order are not available. In this case, no charge will be made for the product.

5.4.- Prices, method of payment and security

The prices included in the articles are final prices, in Euros (€) and include taxes (VAT). The applicable rate will be that legally in force at any given time. Prices include VAT on the products, but exclude shipping costs, which will be added to the total due.

If you make your purchase outside of Spain but within the European Union and you also request shipment outside of Spain to a member state of the European Union, the corresponding intra-community VAT rules will be applied.

It has a currency converter recognized by the International Monetary Fund (IMF) so that at the time of purchase you can check the currency exchange rate.

Prices may change at any time, but any changes will not affect orders or purchases for which the user has already received an order confirmation.

Shipping costs are not included in the final prices of the products as shown on the website. These shipping costs will vary depending on the weight of the product.

In no case will Mare Terra add additional costs to the price of a product automatically, but only those that the user has selected and chosen voluntarily and freely, such as costs related to product customization or those cross-border or customs costs.

You also have the possibility to pick up your products at our warehouse.

The accepted means of payment are:

Credit and debit card: Through the payment gateway enabled by Mare Terra and managed through your bank. You must enter the card number, expiration date and CW2 security code. The user guarantees and is responsible for the validity of all data provided on his card. These data will not be stored or manipulated by Mare Terra, but will be registered directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure E-Commerce Authentication Service, a system established by Visa / MasterCard / Eurocard, whereby the customer is authenticated by the issuing bank and the merchant is authenticated by the acquiring bank.

When you authorize the payment, you simultaneously confirm that you are the owner of the credit card or that you are the legitimate holder of the credit card.

Bank transfer: The user may make the payment by bank transfer to a bank account owned by Mare Terra. In this case, the user must indicate the order reference as the transfer reference. The order will not be shipped until the transfer is made to the Mare Terra account.

Paygold: You will be able to make your purchase through Paygold, when you tell us so. In this case you will receive an SMS or email with a payment URL, once you have received this URL, you must access and enter your card details to make the payment.

Bizum: The user will be able to make the payment of the products purchased through Bizum, when so selected.

Mare Terra uses all means to ensure the confidentiality and security of payment data transmitted by the user during transactions through the website.

5.5.- Contract with Mare Terra and acceptance of orders

The order will not be accepted until the amount has been charged to your account. After confirming the purchase, you will receive an e-mail as acknowledgement of receipt, but this does not imply that the order has been accepted, as they will be subject to our subsequent verification and acceptance.

We will confirm acceptance of the order in an e-mail informing you that the order is being processed. Only then will the contract between you and us be formed, and then only for the items listed on the shipping confirmation.

5.6.- Confirmation and cancellation of orders

Prior to the completion of the order by you on the website, you will be able to review all the details associated with the order (amounts broken down into all the necessary headings – taxes, transport costs, selection of items, etc.), and you will be able to correct anything you deem necessary.

After confirmation, it will not be possible to modify or cancel the order through the website, you must contact Mare Terra through the forms provided for this purpose on the website or through the contact details indicated in these conditions. In such a case, the order can only be modified or cancelled if the item has not been shipped from our warehouse.

Currency and taxes.

In accordance with current legislation, all purchases from our website will be subject to VAT, provided that. The applicable rate will be that legally in force at any given time. The applicable rate will be that legally in force at any given time.

All prices are shown in Euros (€) and should be considered as the final price to be paid by the customer (including VAT or not, depending on the territory of delivery). In shipments to the Canary Islands, the customer upon receipt of the product will bear the cost of customs clearance, as well as the payment of local tax, IGIC or similar. Users from the Canary Islands will be able to access the prices of the products without VAT, once they have registered on the website by indicating a shipping address in the Canary Islands.

If you make your purchase outside of Spain but within the European Union and you also request shipment outside of Spain to a member state of the European Union, if applicable, the intra-community VAT rules will be applied.

It has a currency converter recognized by the International Monetary Fund (IMF).

5.8.- Deliveries: types, deadlines and problems

The physical delivery of the purchased goods shall be made within the following territory: Europe, Asia, Africa, America, Oceania.

Physical delivery of the purchased goods will be made to the shipping address listed on your order form. Home delivery of orders will be made by a logistics operator during normal business hours.

Except in those cases where unforeseen or extraordinary circumstances exist, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time period indicated on the website according to the shipping method selected by the user and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, which was attributable to him, IfMare Terra is unable to meet the delivery date,Mare Terra will contact the user to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the user‘s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to have it redelivered.

Ifthe user is not going to be at the place of delivery in the agreed time slot, he/she should contact Mare Terra to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Mare Terra, Mare Terra shall understand that the user wishes to withdraw from the contract and the contract shall be deemed terminated. As a consequence of the termination of the contract, all payments received from the user will be returned to you, except for any additional costs resulting from the user’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

This period may be extended in the event of customs formalities or other circumstances arising from (for information purposes only) geographical distance, weather conditions, wars, strikes, any form of government intervention, non-compliance by our suppliers, etc., as well as any other circumstances attributable to the logistics operator in charge of the delivery of the product. We are not responsible for any delays that may occur for any of the reasons mentioned above.

However, the user must bear in mind that the transportation derived from the resolution may have an additional cost that may be passed on to the user.

Delivery shall be deemed to have occurred at the time the user or a third party indicated by the user acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may derive from the products shall be borne by of the user from the moment of its delivery. The user acquires the ownership of the products when Mare Terra receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount subject to payment by Mare Terra.

In accordance with the provisions of Law 37/1992 of December 28, 1992, on Value Added Tax (VAT), purchase orders for delivery shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla.

If at the time of delivery the packaging of the order is damaged, the package must be opened in the presence of the logistics operator to check the condition of the goods. If any damage is observed, please detail it on the delivery note and contact us.

We will repair or replace at no cost to you any items that have been damaged or lost in transit, provided that you notify us as soon as possible.

Once the order has been delivered, it will become your property and therefore, all damages that may arise will be your responsibility.

5.9.- Technical means to correct errors

In the event of errors in entering the data necessary to process the purchase request on the website, the user will be able to modify them by contacting Mare Terra through the contact spaces provided on the website, and, where appropriate, through those provided to contact customer service, and/or using the contact details.

In any case, before clicking on ‘Checkout’, the user has access to the shopping cart where their purchase requests are recorded and can make modifications.

Likewise, the user can consult the Legal Notice and/or the Privacy Policy of this website and thus obtain more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 on the processing of personal data (GDPR).

5.10.- Return, exchange and refund policy

Right of withdrawal:

The User, as a consumer and user, makes a purchase at www.mareterracoffee.com. If you are not satisfied with any of the products in your order, you have the right to cancel the purchase and request a refund.

To communicate your total or partial cancellation of the purchase of the Product, in accordance with the applicable legislation, you have a maximum period of 14 calendar days from the day on which the user or a third party authorized by the user, other than the carrier, acquired the material possession of the goods purchased on the website of Mare Terra. In the event that the goods making up your order are delivered separately, you have a maximum period of 14 calendar days from the day you place your order. the user or a third party authorized by the user, other than the carrier, acquired material possession of the last of the goods comprising the same purchase order. No penalty will be charged for a refund made on time. However, the Customer shall bear the shipping costs.

To exercise this right of withdrawal, the user must notify Mare Terra of his/her decision, through the contact spaces provided on the website or through info@mareterracoffee.com.

The user, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Mare Terra makes available, however, its use is not mandatory. In order to meet the withdrawal deadline, it is sufficient that the communication of the decision to withdraw is sent before the expiration of the withdrawal period.

In case of withdrawal, Mare Terra will reimburse the user for all payments received, including shipping costs (with the exception of additional costs chosen by the user). the user for the shipping method other than the least expensive method offered on the website), without any undue delay and, in any case, no later than 14 calendar days from the date on which Mare Terra is informed of the decision to withdraw by the user.

Mare Terra will reimburse the user using the same payment method used by the user to make the initial purchase transaction. This refund will not generate any additional cost to the user. Mare Terra may withhold such reimbursement until it has received the products from theuser and the user presents proof of their return, depending on which condition is met first.

The user can return or send the products to Mare Terra:

Mare Terra Coffee S.L.

Esteve Terrades Street 1, Spaces 309-311,

08860, Castelldefels (Barcelona, Spain)

The user shall return or send the products without undue delay and in any case not later than 14 calendar days from the date on which

Mare Terra was informed of the withdrawal decision.

The user acknowledges that it shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, it shall be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice. Under no circumstances will Mare Terra accept as returns products that are unsealed or unopened.

Exceptions to the right of withdrawal, including but not limited to:

The right of withdrawal does not apply to the delivery of:

  • Products that do not allow their return due to hygienic or health protection reasons, if they have been unsealed after delivery, or if they were, after delivery, inseparably mixed with other products;
  • Products that may deteriorate or expire quickly;

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Right of withdrawal form

5.11.- Return of defective products or shipping error.

These are all cases in which the user considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, he/she should contact Mare Terra immediately and let you know of the existing non-conformity (defect/error) by the same means or by using the contact details provided in the previous section.

Mare Terra will inform on how to proceed with the return of the products, and these, once returned, will be examined and the user will be informed, within a reasonable period of time, if appropriate, the refund or, where appropriate, the replacement of the same.

The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and costs incurred by the user to make the return. The refund will be made by the same means of payment that the user used to pay for the purchase.

5.12.- Product warranty

The userAs a consumer, you enjoy guarantees on the products that you may purchase through this website, in the terms legally established for each type of product, starting from the date that appears on the receipt or invoice of purchase, or on the delivery note if the delivery is later.

Thus, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Mare Terra and possess the qualities presented therein, are suitable for the uses to which products of the same type are ordinarily put; and present the usual quality and performance of a product of the same type and which are essentially expected of it. When this is not the case with respect to the products delivered to the user, the user must proceed to report the defective products or error in the shipment.

The warranty period does not include deficiencies caused by negligence, blows, incorrect use or improper handling, etc., or materials that are worn out due to use. In the event of a defect caused by misuse, the repair will be billable upon quotation.

In those incidents that justify the use of the warranty, we will opt for the replacement of the item or return, under the terms established by law. Exchanges or refunds will be made provided that these two conditions are met:

Prior notice is given to Mare Terra within two months. This step is essential regardless of the reason for the return. You may do so by sending an email to info@mareterracoffee.com attaching a copy of the invoice and order number in the subject line of the email. We will tell you how to return the item.

Failure to comply with the two-month deadline shall not entail the loss of the right to compensation, but the customer shall nevertheless be liable for any damage or loss actually caused by the delay in communication.

Under Royal Legislative Decree 1/2007, the seller is obliged to deliver to the consumer a good that is in conformity with the contract of sale under the terms established therein (article 114), whereby:

“The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product”.

The computation of the warranty will begin on the same day of purchase, pursuant to the aforementioned article 123 of the Royal Legislative Decree 1/2007.

6.- PARTIAL NULLITY

If any part of these terms of service is unlawful and therefore invalid, this shall not affect the other provisions which are in accordance with the law. The parties agree to renegotiate those points of the conditions of service that are null and void and to incorporate them into the rest of the conditions of service.

7.- MODIFICATION OF THE CONDITIONS OF PURCHASE

Mare Terra reserves the right to modify the general conditions of purchase of the web site www.mareterracoffee.com without prior notice, being able to change, delete or add both the contents and services provided through the same and the way in which they are presented.

These changes must be accepted by the user . each time you make a purchase through the website, being subject to the terms and conditions of purchase in effect at the time the order is placed, unless, by law or by requirement of public authorities, a change to such terms and conditions must be made.

APPLICABLE LAW

This site is located and operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without giving effect to the principles of conflicts of law.

In those cases in which the customer is not a consumer or user, or is domiciled outside Spain, shall be subject to the national Courts and Tribunals, expressly waiving any other jurisdiction that may correspond to them.

If the user decides to use or consult this site outside Spain, he/she must bear in mind that he/she does so on his/her own initiative, and that he/she is responsible for compliance with the relevant laws.

This contract shall enter into force and take full effect from the moment of acceptance by the customer or user .

This contract and, therefore, the general conditions it incorporates, together with the annexes (if any), in addition to being read on this website, may be stored, filed and reproduced by the usual electronic or computer means.

9.- ONLINE CONFLICT RESOLUTION

Under European consumer law, companies established in the European Union that conclude contracts of sale or services online (including those that offer their products via e-mail) and online marketplaces established in the Union, must provide on their websites a link to the online dispute resolution platform, through which complaints about online contracts can be processed:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

The creation and development of the On-Line Dispute Resolution Platform is provided for in the Regulation (EU) 524/2013 of the European Parliament and of the Council, to try to provide an online mechanism for submitting disputes between consumers and users established in the European Union in a simpler, faster and cheaper way than going to court.

Therefore, through the platform enabled through the above link, the user can send their complaints, claims or other comments they wish to make.

In addition, Mare Terra has official complaint forms available to consumers and users, who can request them through the contact details provided and indicated on the website.