General Conditions of Contract / Sale on-line www.lamexicana.es

Version number: 2. Version publication date: May 30, 2018.

To process an order in the online store 'CAFÉS LA MEXICANA', it will be essential to accept the following General Conditions of Contract / Sale on-line:

1. CONTENT AND CONFORMITY.

The General Conditions of Contract / Sale on-line contained in this document are applicable to all commercial transactions on-line carried out through the website www.lamexicana.es , a website dedicated to the sale and distribution of roasted and packaged coffees by Cafés la Mexicana and a selection of complementary coffee items.

"User" is the person who accesses, uses, browses or contracts the services and / or products offered, free or onerous, through the Website.

The online purchase of products through www.lamexicana.es implies on the part of the User their express consent and their full compliance with the entire content of these General Conditions of Contract / Sale on-line, as well as with the Privacy Policy and Cookies Policy and the Legal Notice, given the online purchase by browsing the Website, together forming all these documents, as a unit, the so-called "Full Legal Notice", so if you do not agree with any of the terms set forth in these documents, please do not use the Website or any of the services made available to you on it.

The user can print and digitally store all these documents.

The User is recommended to read the Full Legal Notice each time he wishes to make an online purchase, as its content may be subject to modifications. Any modification will be duly published and will always be accessible on the Website, referring to its version and date.

The online shopping service is intended for individuals who act with a purpose other than their commercial, business, trade or profession. If the User is a legal or professional person and wishes to purchase products, please contact us by email at lamexicana@lamexicana.es .

2. IDENTIFICATION OF THE OWNER OF THE DOMAIN, SERVICE PROVIDER, RESPONSIBLE FOR DATA PROCESSING AND MEANS OF CONTACT.

In compliance with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), it is reported that the owner of the domain www.lamexicana.es , the company that provides its services and offers its products through it (the SELLER) and the person responsible for the processing of personal data is:

RODRIGUEZ Y MATEUS, SL, with Registered Office at C / ALFONSO GOMEZ, 15, 28037 MADRID and CIF B28577799. The company is registered in the Madrid Mercantile Registry, Volume 2,576, Book 0, Folio 158, Section 8, Page M-44899.

The commercial name by which the company can be known in the market is "CAFÉS LA MEXICANA".

To establish direct contact with RODRÍGUEZ Y MATEUS, SL:

- Postal address / domicile: C / Alfonso Gómez, 15 CP 28037 Madrid.

- Telephone: + (34) 91 327 12 16.

- Email: lamexicana@lamexicana.es.

For the exercise of rights in protection of personal data:

- Postal address / domicile: C / Alfonso Gómez, 15 CP 28037 Madrid.

- Email: lamexicana@lamexicana.es.

For complaints or claims:

- Postal address / domicile: C / Alfonso Gómez, 15 CP 28037 Madrid.

- Email: lamexicana@lamexicana.es.

3. ELECTRONIC DOCUMENT

All online purchases at www.lamexicana.es are subject to these General Conditions of Contract / Sale on-line, which are part of the sales contract, and implies on the part of the User their willingness to contract the acquisition of the same, as well as your express consent and your full compliance with the content of these General Conditions and the Full Legal Notice , so if you do not agree with any of the terms of these documents, please do not use our online shopping platform .

Once the online purchase has been made, the delivery note / invoice will be made available where the terms and amount of the purchase will be stated, forming, together with these General Conditions of Contract / Online Sale, the electronic document in which The contract is formalized, without prejudice to the documents that make up the Full Legal Notice that are applicable to online purchases (Legal Notice text, Privacy Policy and Cookies Policy). You can print and electronically save these documents at the time of online purchase, since the General Conditions of Contract / Online Sale and documents published on the date of your online purchase will be those that are applicable to you. RODRÍGUEZ Y MATEUS, SL will file each of the delivery notes for products purchased, but will not file these Conditions and other documents of the Full Legal Notice with each User individually. These documents are accessible at all times by means of their publication on the Website, RODRÍGUEZ Y MATEUS, SL keeping the different published versions, which will be those that govern the hiring for each period of their publication.

The realization of false or fraudulent orders is expressly prohibited, being able to cancel them, without prejudice to the adoption of the appropriate legal measures.

Throughout these General Conditions of Contract / Sale on-line, the different obligations acquired by the buyer and the seller are included.

4. LEGAL ABILITY TO BUY ON-LINE.

To contract products through the Website, the User must be at least 18 years old, be the owner of the medium with which the payment is to be made and have the necessary legal capacity to contract. If you are a minor or do not have the necessary legal capacity, you must have the consent of your legal representatives. RODRÍGUEZ Y MATEUS, SL disclaims any responsibility for non-compliance with these requirements and reserves the right to prevent or not satisfy communications or the contracting of its products and / or services, due to lack of legal capacity. To verify the age and, where appropriate, the authenticity of the consent of the legal representatives, RODRÍGUEZ Y MATEUS, SL will have various procedures, being able to request a copy of the identity document and contact with the legal representatives to confirm the representation and authorization, without which you will not be able to process your application. The legal representatives will be considered, in any case, responsible for the acts carried out by the people who are in their charge, in accordance with the provisions of current regulations.

The impersonation of identity in any way, the adoption of false identities, the provision of any personal data or information of third parties such as the User's own and the use of means of payment not owned by the User is expressly prohibited. as the contribution of any personal data not truthful by the User. The User undertakes to provide only truthful information through the means provided on the Website, being directly responsible for any damage arising from the breach of this obligation both to RODRÍGUEZ Y MATEUS, SL and to third parties.

5. PRICES.

All the prices shown on the Website are expressed in Euros (€) and include all the corresponding taxes, in this case, the Value Added Tax (VAT), according to the applicable legislation. In the online purchase you will be indicated the total price that will include the corresponding taxes, and, where appropriate, the discounts applied, as well as a breakdown of the amount corresponding to transport costs.

6. DISCOUNT CODES.

RODRÍGUEZ Y MATEUS, SL may provide discount codes for use in online purchases. The discount code will consist of a code to be entered by the User who intends to use it at the time it is required during the online purchase procedure. The Discount Code will have a fixed duration. Each Discount Code is for a single use, so it can only be used for a single purchase. They are not cumulative. The discount code must be entered literally as it has been provided, respecting, where appropriate, uppercase and lowercase letters. In the event that you cannot use your Discount Code in the purchase, having the right to it and being in force, please contact us through the contact channels provided in section 2 before proceeding with the payment of your online purchase.

RODRÍGUEZ Y MATEUS, SL reserves the right to prevent the use of a discount code if there are reasons to consider that the User is proceeding to an incorrect, illegal or fraudulent use of it, without the User having the right to any compensation. .

7. PLATFORMS AND MEANS OF PAYMENT.

The acquisition of products through the Website implies an obligation of payment on the part of the User, who will be able to choose between different means of payment. Payments are accepted by bank transfer, with credit cards and through payment platforms such as PayPal. The charges will be made in real time, once it is verified by the chosen payment method that the data is correct, being subject to checks and authorizations of each of these payment methods, therefore, if said entities do not authorize payments , RODRÍGUEZ Y MATEUS, SL will not be responsible for the failure to complete the online purchase procedure successfully. The security measures to be applied in the payment platform will be those provided by each of the means of payment.

8. SHIPPING CONDITIONS AND TRANSPORTATION COSTS.

All our products are sent by express courier (24 working hours), properly packaged.

We ship orders on weekdays. Every business day all orders received before 12 am are prepared and shipped with delivery scheduled for the next business day. For example:

- If you order from Monday to Thursday before 12:00 we prepare it at the moment and you will have your coffee the next day.

- If you ask for it on Monday afternoon, we will prepare it on Tuesday and you will receive it on Wednesday.

- Usually the longest delivery time occurs for orders placed on Thursday afternoon, which are prepared on Friday and received on Monday.

- Finally, if you order during the weekend (from Friday at 12:00), we will prepare it on Monday and you will receive it on Tuesday.

Remember that on holidays in Madrid, where we roast the coffee, we cannot prepare orders, and holidays in your area cannot be delivered.

The following will be the total shipping costs (VAT included) applied to your online purchase:

SHIPPING WEIGHT MADRID REST OF THE PENINSULA

Up to 1.5 Kgs. € 2.99 € 3.99

More than 1.5 Kgs. € 3.99 € 5.99

The "Shipping Weight" takes into account both weight and volume. In coffees (except soluble) "Shipping weight" and "Real weight" always coincide. In other products they may differ. You can check the shipping weight of each product in the "Shipping" tab that appears on the page of the article in question.

Shipments for more than 1.5 kgs. they have no weight limit.

Currently we only ship to the Iberian Peninsula and the Balearic Islands

9. GEOGRAPHICAL COVERAGE

At the moment only orders destined for the Iberian Peninsula and the Balearic Islands are accepted

10. HOW TO BUY ?. ONLINE PURCHASE PROCEDURE.

Through our website www.lamexicana.es you can find out about our products by accessing our online store through the 'online store' icon found on the front page of our website.

Once inside our online store you can find out about our products, their qualities, packaging and prices by accessing the various categories of products that appear in the menu www.lamexicana.es .

To select the desired product we must access its file by clicking on its icon or directly selecting the 'BUY' option. Once, within the product file, we can find out about the characteristics of the product (package, grind and price) and select the product that best suits our needs. Then we can add it to the shopping cart through the option 'Add to Cart' that is next to the price of the item.

Once this selection is completed, in the next step of 'Summary of your Cart', you can review the status of your cart (selected product, desired units, unit price, shipping costs, subtotal and total purchases) and / or modify your content, as well as "CONTINUE PURCHASE". Shipping costs are calculated at the time you enter the delivery address information.

When you consider the selection process finished, continue to the next Step “CONFIRM”, completing the mandatory fields marked on 'Buyer Data' and 'Shipping Data'. At the same time and in the same tab the user can apply possible discount coupons and / or resume their purchase again.

In case the client has been previously registered in our Members club, they can access by entering their user codes (email) and password. In this case, our application will automatically retrieve all the data previously registered and necessary to process the order. Unregistered customers must fill in all the necessary data so that their order can be processed.

In the next phase, the client must select a payment method.

In the last phase of 'Order Summary ' check that all the purchase data and other conditions are correct and finalize the purchase by making the payment according to the selected method. Then and before making the payment according to the chosen method, you can review all your identification and shipping data as well as the details of your purchase. At the time of payment you will be accepting these Conditions of Contract / Sale on-line.

The user can cancel the purchase process at any time as long as it has not been fully processed. In case of doubt about the correct cancellation of the purchase process or in order to ensure such cancellation, we advise you to contact us using the means of contact provided in section 2.

Confirmation of the order will be sent to you by email.

Registered users can track their order through the "My account" area, Orders section.

 

11. INVOICES.

If you wish to receive a paper invoice by ordinary mail, you must notify us by email at lamexicana@lamexicana.es. Otherwise, you expressly consent to the issuance of your invoice electronically on the delivery note / invoice sent and / or at your disposal in the "My orders" area.

12. RETURNS AND CANCELLATIONS. RIGHT OF WITHDRAWAL.

If for any reason you are not satisfied with your order, in accordance with the provisions of article 103 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 (LGDCU), you may exercise your right of withdrawal.

You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods.

To exercise the right of withdrawal, you must notify us at: RODRÍGUEZ Y MATEUS, SL C / Alfonso Gómez, 15, 1ª CP 28037 - Madrid lamexicana@lamexicana.es , your decision to withdraw from the contract through an unequivocal statement (for example , a letter sent by post or email). You can use the model withdrawal form that you have at your disposal through a link at the bottom of the Website, although its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

To make the return, the product must be in perfect condition. Otherwise, the return of the product may not be accepted.

Consequences of withdrawal:

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the less expensive delivery method). that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We may withhold the reimbursement until we have received the goods, or until you have submitted proof of their return, depending on which condition is met first.

You must return or deliver the goods to us directly or to the same postal address indicated in this section in order to exercise your right of withdrawal, without any undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired.

You will have to bear the direct cost of returning the goods.

In the event of a refund, we will proceed to do so using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.

If you made the payment by Bank Transfer, the refund will be made to the same bank account from which the payment was made within five (5) bank business days from the receipt and approval of the withdrawal request by RODRIGUEZ Y MATEUS SL in accordance with the provisions.

If you made the payment through a Bank Card, the refund will be made to the same card within a period of five (5) bank business days from the receipt and approval of the withdrawal request by RODRIGUEZ Y MATEUS SL as at your disposal.

 

13. PERSONAL DATA PROVIDED IN THE ONLINE PURCHASE.

The personal data provided in the online purchase procedure will be subject to the regulations on the protection of personal data, as well as the provisions of our Privacy Policy, which is available through a direct link on the bottom of the Website.

 

14. USE OF CUSTOMER EMAIL ADDRESSES. 

The electronic communications that are made to you by email or by any other electronic means using the means of contact that you have provided us will be those necessary to properly manage your request, subject matter or the acquisition you have made of our products, by which will not be considered electronic commercial communications.

Regarding those considered as electronic commercial communications, they will be sent to you given your consideration as customers and having given your consent by accepting the Legal Notice and the Privacy Policy and these General Conditions of Contract / Sale on-line, accepted in your online purchase process.

Customers, by acquiring our products, will receive promotions by e-mail as well as newsletters about news. However, all commercial communications sent by RODRIGUEZ Y MATEUS SL will be clearly identifiable as such through the reference "advertising" at the beginning of the body of the message and will identify RODRIGUEZ Y MATEUS SL (CAFÉS LA MEXICANA) as the entity responsible for sending . You may object at any time to the sending of these electronic commercial communications, requesting it by email to the following address: lamexicana@lamexicana.es , or by following the instructions indicated in each electronic commercial communication received in your email.

15. LANGUAGE OR LANGUAGE OF CONTRACTING.

These General Conditions of Contract / Sale on-line have been written in Spanish, this being the language of the contract.

16. CUSTOMER SERVICE. COMPLAINTS AND CLAIMS.

For any incident, claim or suggestion that you need to make, use the means made available in section 2 of this document.

17 .. DURATION AND MODIFICATION OF THE GENERAL CONDITIONS OF CONTRACTING / SALE ON-LINE.

The General Conditions of Contract / Sale on-line applicable will be those published on the Website at the time the purchase is made on-line.

RODRIGUEZ Y MATEUS SL reserves the right to make modifications and updates on the products, prices, promotions and other conditions contained in www.lamexicana.es .

RODRIGUEZ Y MATEUS SL, within its means, ensures that the information offered on the website is truthful and appears without typographical errors. In the event of a typographical error, beyond the control of RODRIGUEZ Y MATEUS SL, it will be corrected immediately. If it happens that a client decides to make a purchase based on an error of this type, RODRIGUEZ Y MATEUS SL will immediately inform him of said error, and both parties may cancel the purchase at no cost as long as the existence of said error is justified.

RODRÍGUEZ Y MATEUS, SL reserves the right to modify, totally or partially, at any time and without prior notice, the content of these General Conditions of Contract / Sale on-line, by extension, improvement, specification or updating of its content, both for legislative or jurisprudential changes or business strategy, without this modification being retroactive. In case of modification, the previous version will cease to be applicable, those modified from the date of its publication will be applicable.

The General Conditions of Contract / Sale on-line will always be accessible on the Website with information on the number of the version in question and the date of publication, from which it comes into force.

18. NULLITY AND EFFECTIVENESS.

If any of the clauses or texts included in the General Conditions of Contract / Sale on-line were declared null, the General Conditions of Contract / Sale on-line will continue to be fully effective and binding for the parties in the same terms, provided that can subsist without the clauses or texts declared null.

19. APPLICABLE LEGISLATION AND JURISDICTION.

Commercial transactions carried out with www.lamexicana.es are subject to Spanish legislation.

Unless it results from specific regulatory application established by another jurisdiction, the User and RODRÍGUEZ Y MATEUS, SL expressly submit to the Courts and Tribunals of Madrid (Spain) for any controversy. All this without prejudice to expressing our willingness to resolve any dispute amicably.

In the event that the buyer is domiciled outside of Spain, both parties will submit to the Courts and Tribunals of Madrid (Spain).

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