Terms and conditions
Terms and conditions
These Terms govern
- the use of this Website, and,
any other related Agreement or legal relationship with the Company - in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is the property of:
Burgo Aromatico Torrefacção de Café Unipessoal, LDA
Centro comercial Galerias Valmor, Rua Fernao Magalhaes, Lote C2, lojas 9 e 12, Sao Domingos de Rana, 2785-366, Portugal
Company contact email: hello@waveroasters.com
Company contact phone: +351 933 608 633
NIF: 518217876
Information about this Website
The Service/Products/this Website is only intended for Consumers.
The right of withdrawal only applies to European Consumers.
1. Terms of use
1.1. Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
1.2. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
2. Account registration
2.1. To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
2.2. Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
2.3. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
2.4. By registering, Users agree to be fully responsible for all activities that occur under their username and password.
2.5. Users are required to immediately and unambiguously inform the Company via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
3. Account termination
3.1. Users can terminate their account and stop using the Service at any time by directly contacting the Company at the contact details provided in this document.
3.2. However, termination of the account will not be possible until the subscription period paid for by the User has expired (if applicable).
4. Account suspension and deletion
4.1. The Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
4.2. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
4.3. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
5. Content on this Website
5.1. Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Company or its licensors.
5.2. The Company undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
6. Rights regarding content on this Website - All rights reserved
6.1. The Company holds and reserves all intellectual property rights for any such content. Wave Coffee Roasters is a registered trademark.
6.2. Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Product or Service.
6.3. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
6.4. Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.
6.5. Any applicable statutory limitation or exception to copyright shall stay unaffected.
7. Access to external resources
7.1. Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.
7.2. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
8. Acceptable use
8.1. This Website, Service and Products may only be used within the scope of what they are provided for, under these Terms and applicable law.
8.2. Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
8.3. Therefore, the Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Company’s legitimate interests;
offend the Company or any third party.
9.TERMS AND CONDITIONS OF SALE
9.1. Paid Products
9.1.1.The Products and Services provided on this Website are provided on the basis of payment. All the Products for sale on this Website comply with the Portuguese legislation in force.
9.1.2.The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.
9.1.3. To purchase Products, the User must register or log into this Website.
9.2. Product description
9.2.1. Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.
9.2.2. While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
9.2.3. The characteristics of the chosen Product will be outlined during the purchasing process.
9.2.4. The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.
9.3. Purchasing process
9.3.1. Any steps taken from choosing a Product to order submission form part of the purchasing process.
9.3.2. The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
9.4. Order submission
9.4.1. When the User submits an order, the following applies:
All our offers are valid as advertised on the Website subject to stock availability.
Each order submitted constitutes an offer to purchase. The submission of the order creates for the User the obligation to pay the price, taxes, customs fees and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt. Unless stated otherwise in the relevant communication, the aforementioned receipt merely indicates reception of the order and does not constitute acceptance of the order.
9.5. Order acceptance
9.5.1. Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance.
9.5.2. Subject to availability and to the Company’s discretion, the order shall be accepted without undue delay.
9.5.3. The Company reserves the possibility to not register an order for whatever reason, particularly when related to a product supply problem, a problem concerning the received order, or a foreseeable problem to do with delivery
9.5.4. The rejection of an order shall not entitle the User to bring any claim against the Company, including compensation for damages.
9.5.5. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
9.6. Prices
9.6.1. Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged, except customs costs.
9.6.2. Prices on this Website are displayed including VAT, at the rate applicable on the day of the order. Any change in the VAT rate will be reflected in the selling price of the products. Product prices do not include delivery costs: only the final price, at the time the order is validated, includes the delivery costs.
9.6.3. All orders are billed according to the conditions mentioned in the terms and conditions at the date of registering the order. Prices may later be modified without prior notice.
9.6.4. The photographs, details and descriptions associated with the Products are only indicative and do not contractually bind the Company at any time.
9.6.5. The data contained in the invoice is the sole responsibility of the User. The invoice once issued cannot be reissued with changes.
9.7. Shipping costs
9.7.1. Delivery costs are calculated according to a parcel's weight and place of destination.
9.7.2. Any customs duties are at the client's expense.
9.7.3. Shipping costs:
a. Continental Portugal and Spain
Flat rate delivery – EUR 5
Free delivery for all orders starting from EUR 35
b. Azores and Madeira
Flat rate delivery – EUR 10
Free delivery for all orders starting from EUR 50
c. EU countries
Flat rate delivery – EUR 18
Free delivery for all orders starting from EUR 80.
9.8. Offers and discounts
9.8.1. The Company may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
9.8.2. Offers and discounts are always granted at the Company’s sole discretion.
9.8.3. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
9.8.4. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Company, as indicated in the Company’s location details in this document, unless otherwise specified.
9.9. Coupons
9.9.1. Offers or discounts can be based on Coupons.
9.9.2. If breach of the conditions applicable to Coupons occurs, the Company can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
9.9.3. Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
9.9.4. Unless otherwise stated, these rules apply to the use of Coupons:
Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
9.10. Methods of payment
9.10.1. User can pay online when ordering with by MB Way, Visa, Mastercard or with bank transfer.
9.10.2. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.
9.10.3. All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Website to learn more about the data processing and Users’ rights regarding their data.
9.10.4. If a payment through the available methods fails or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Company reserves the right to claim any related expenses or damages from the User.
9.11. Contractual right of cancellation
9.11.1. The Company grants Users a contractual right to cancel the purchase and return Products within 14 days of concluding the contract.
9.11.2. The User must cover the costs of returning the merchandise. The Products must imperatively be returned in its original wrapping, intact and accompanied by all accessories, instruction leaflets and documents. The return of a visibly used or manipulated Products nullifies this right. If this happens to be the case, the Company reserves the right to refuse reimbursement to the User.
9.11.3. Whenever possible, the return must be made by the same payment method, but if this is not possible, the User must present proof of payment and account or card ownership, so that the return can be made by bank transfer.
9.11.4. The Company undertakes to reimburse the User within a maximum period of 14 days after receipt the returnable Products in a salable condition.
9.12. Delivery
9.12.1. Orders are processed and dispatched within 48 hours after their registration. We ship within Portugal and the EU. Shipping costs are specified in clause 9.7.3. Estimated delivery times are displayed at checkout.
9.12.2. Orders placed on Friday after 11 a.m., Saturday or Sunday are processed and sent the following Monday.
9.12.3. Orders placed on a public holiday are processed and shipped the next business day.
9.12.4. Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
9.12.5. Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note.
9.12.6. Delivery times depends on the location of the client and provision of the services by Companie’s delivery partner.
9.13. Failed delivery
9.13.1. The Company cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Company.
9.13.2. If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Company, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
9.13.3. Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
10. Provision of personal data
To access or receive some of the Products provided via this Website as part of the Service, Users may be required to provide their personal data as indicated on this Website.
11. User rights
11.1. Right of withdrawal
Unless exceptions apply, the User is eligible to withdraw from the contract within the 14 days period, for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
11.2. Exercising the right of withdrawal
11.2.1. To exercise their right of withdrawal, Users must send to the Company an unequivocal statement of their intention to withdraw from the contract.
11.2.2. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.
11.2.3. Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Company for all payments made to the Company for the Products.
However, any additional costs (including the delivery cost), will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Company receipt the returnable Products in a salable condition. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
Unless the Company has offered to collect the goods, Users shall send back the goods or hand them over to the Company, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they received the order.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods.
12. Guarantee and Limitation of liability
12.1. All the Products for sale on this Website comply with the Portugese legislation in force. The Company cannot be held responsible for any failure to meet the requirements of the legislation of any other country where Products are delivered.
12.2. Unless otherwise explicitly stated or agreed with Users, the Company’s liability for damages in connection with the execution of the Agreement shall be excluded and if the exclusion is not possible, the liability shall be limited and/or reduced to the price of the order actually paid by the User for the Products.
12.3. The Company guarantees that the products are in perfect condition when given to the transporter. This is the only guarantee agreed to by the Company. No other guarantee, express or tacit, is accorded. In particular, the Company cannot guarantee that the products respond to the specific expectations of the client. The Company cannot be held responsible for the nonfulfillment of the contract concluded in the event of a stock shortage or product unavailability, force majeure, political upheaval or total or partial strike action affecting in particular postal, transportation and/or communications services, floods or fire.
12.4. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the Company cannot be held responsible should there be an error in one of these photographs or texts. The Company will not incur any liability for any consequential damages because of these presents (operating loss, profit loss, chance loss, damages or costs). On no account will the Company be held responsible for any damages of whatever nature resulting from any impossibility of use, access, of all loss or profit loss following directly from the information available on this server, and this whatever the origin of the loss.
12.5. Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Company (or any natural or legal person acting on its behalf).
13. Common provisions
13.1. No Waiver
The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
13.2. Service interruption
13.2.1. To ensure the best possible service level, the Company reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
13.2.2. Within the limits of law, the Company may also decide to suspend or discontinue the Product or Service altogether.
13.2.3. Additionally, the Service might not be available due to reasons outside the Company’s reasonable control, such as “force majeure” events (infrastructural breakdowns, blackouts, weather conditions, agricultural problems etc.).
13.3. Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Company’s express prior written permission, granted either directly or through a legitimate reselling programme.
13.4. Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of this Website.
13.5. Intellectual property rights
13.5.1. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
13.5.2. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
13.6. Changes to these Terms
13.6.1. The Company reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Company will appropriately inform the User of these changes.
13.6.2. Such changes will only affect the relationship with the User from the date communicated to Users onwards.
13.6.3. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
13.6.4. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Company.
13.6.5. If legally required, the Company will notify Users in advance of when the modified Terms will take effect.
13.7. Exception for Consumers in France
13.7.1. Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
13.8. Assignment of contract
13.8.1. The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
13.8.2. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Company.
13.9. Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
13.10. Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
13.11. EU Users
13.11.1. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
13.11.2. Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
13.12. Governing law
These Terms are governed by the Portuguese law, without regard to conflict of laws principles.
13.13. Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
13.14.Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies to the Portuguese courts.
14. Dispute resolution
14.1. Amicable dispute resolution
14.1.1. Users may bring any disputes to the Company who will try to resolve them amicably.
14.1.2. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, Users are kindly asked to contact the Company at the contact details provided in this document.
14.1.3. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Company’s email address specified in this document.
14.1.4. The Company will process the complaint without undue delay and within 10 days of receiving it.
15. Definitions
Agreement
Any legally binding or contractual relationship between the Company and the User, governed by these Terms.
Company (or We)
Indicates Burgo Aromatico Torrefacção de Café Unipessoal, LDA.
Consumer
Consumer is any User qualifying as such under applicable law.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Example withdrawal form
Addressed to:
Burgo Aromatico Torrefacção de Café Unipessoal, LDA Centro comercial Galerias Valmor, Rua Fernao Magalhaes, Lote C2, lojas 9 e 12, Sao Domingos de Rana, 2785-366, Portugal
hello@waveroasters.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper)
Product
A good or service available through this Website, such as e.g. physical goods, digital files, booking services etc.
Service
The service provided by this Website as described on this Website.
Terms
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Website.
Website
Means www.waveroasters.com