Terms of service
Introduction
This contractual document shall govern the General Terms and Conditions for the contracting of products (hereinafter, the “Terms and Conditions”) through the website dropkoffi.com, owned by DROPKER INVESTMENTS, S.L. under the trade name Dropkoffi, hereinafter, the PROVIDER, whose contact details are also set out in the Legal Notice of this Website.
These Terms and Conditions shall remain published on the website and available to the USER so that they may be reproduced and saved as confirmation of the contract, and they may be amended at any time by DROPKER INVESTMENTS, S.L. It is the USER’s responsibility to read them periodically, as those in force at the time an order is placed shall apply. DROPKER INVESTMENTS, S.L. will archive the electronic document in which the purchase is formalized and will make it available to the USER upon request.
Contracts shall not be subject to any formality except in cases expressly indicated in the Civil Code and the Commercial Code and in this or other special laws.
Acceptance of this document implies that the USER:
Has read, understands, and comprehends what is stated herein.
Is a person with sufficient legal capacity to contract.
Assumes all obligations set forth herein.
These Terms and Conditions shall have an indefinite period of validity and shall apply to all contracts entered into through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible for and aware of the legislation in force in the countries to which it ships products, and reserves the right to unilaterally amend the terms and conditions, without this being able to affect goods or promotions purchased prior to the amendment.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is DROPKER INVESTMENTS, S.L., with registered office at PSO. DE LA CASTELLANA, 194 - 28046 MADRID, Tax ID (NIF) B19476514, and customer service telephone number 616950192.
On the other hand, the USER, registered on the website by means of a username and password, for which they bear full responsibility for use and safekeeping, and who is responsible for the truthfulness of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual sale and purchase relationship arising between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
The contractual sale and purchase relationship entails the delivery, in exchange for a specified price publicly displayed on the website, of a specific product.
The product offered on this website called “ART & COFFEE” constitutes a single and indivisible offer consisting of a bundle composed of specialty coffee and a numbered artistic print, corresponding to a limited edition by the artist identified in the relevant commercial offer. Both elements constitute a single product for all contractual purposes and are not susceptible to separate purchase, delivery, or partial return of its components, unless the PROVIDER expressly authorizes this in writing.
Correction of data
When the USER identifies errors in the data published on the website or in documents generated by the contractual relationship, they may notify this by email to hello@dropkoffi.com so that DROPKER INVESTMENTS, S.L. may correct them as soon as possible.
The USER may keep their data up to date by accessing their user account.
Contracting procedure
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data, as detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will choose a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or any possible access by an unauthorized third party, so that the PROVIDER can immediately block them.
Once the user account has been created, it is hereby informed that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the steps below:
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General contracting clauses.
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Shipping and delivery of orders.
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Right of withdrawal.
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Complaints.
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Force majeure.
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Jurisdiction.
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General terms of the offer.
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Price and validity period of the offer.
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Shipping costs.
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Payment methods, charges, and discounts.
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Purchase process.
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Severability and suspension or termination of the contract.
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Warranties and returns.
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Applicable law and jurisdiction.
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GENERAL CONTRACTING CLAUSES
Unless otherwise specifically agreed in writing, placing an order with the PROVIDER shall imply the USER’s acceptance of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
Shipments of goods will normally be made via EXPRESS COURIER service, to the destination freely designated by the USER.
Shipment will be carried out once the availability of the goods has been confirmed and payment for the order has been verified.
The delivery period will be between 2 and 6 business days, depending on the destination location and the chosen payment method. The estimated shipping and delivery date will be provided prior to order confirmation.
Non-performance of the distance contract
If the contract cannot be performed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages being attributable to the PROVIDER.
The PROVIDER shall not assume any liability when delivery of the product or service does not take place due to the USER having provided false, inaccurate, or incomplete information.
Delivery shall be deemed to have been made at the moment the carrier places the products at the USER’s disposal and the USER, or the USER’s representative, signs the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by a simple statement, require the PROVIDER to remedy such lack of conformity, reduce the price, or terminate the contract. In any of these cases, the USER may also claim compensation for damages, where appropriate.
The USER shall have the right to withhold payment of any outstanding part of the price of the purchased product until the PROVIDER has fulfilled the obligations established in this contract.
It is the USER’s responsibility to check the products upon receipt and to state any reservations and claims that may be justified on the delivery receipt document.
RIGHT OF WITHDRAWAL
Withdrawal form: https://dropkoffi.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sale contract if it concerns the provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RLD 1/2007.
The PROVIDER offers food products through the website which, for health protection and preservation reasons, are sealed. If the USER unseals the product after delivery, they may not return the product for health protection reasons, in accordance with Article 103 of RLD 1/2007. The product called “ART & COFFEE” constitutes a single and indivisible offer consisting of a bundle composed of specialty coffee and a numbered artistic print, forming a single product for all contractual purposes; therefore, partial return or return of its components separately is not possible, unless the PROVIDER expressly authorizes this in writing.
Any return must be communicated to the PROVIDER by requesting a return number using the form provided for this purpose, or by email to hello@dropkoffi.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, they shall send the product to the PROVIDER, indicating this number on the shipping note/letter, with shipping costs at their expense, to the address of DROPKER INVESTMENTS, S.L., PSO. DE LA CASTELLANA, 194 - 28046 MADRID.
COMPLAINTS
Any complaint the USER considers appropriate will be handled as soon as possible and may be submitted through the following contact addresses:
Postal: DROPKER INVESTMENTS, S.L., PSO. DE LA CASTELLANA, 194 - 28046 MADRID
E-mail: hello@dropkoffi.com
FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation will be delayed until the force majeure event has ceased.
JURISDICTION
The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted in the sale.
If any provision of these Terms and Conditions is considered null or impossible to enforce, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any manner.
The USER declares that they have read, understood, and accepted these Terms and Conditions in their entirety.
GENERAL TERMS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these Terms and Conditions.
No modification, alteration, or agreement contrary to the Commercial Offer of DROPKER INVESTMENTS, S.L. or to what is stipulated herein shall have effect, unless there is an express written agreement signed by the PROVIDER; in such case, those specific agreements shall prevail.
PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services related to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO. The USER assumes that the economic valuation of some products may vary in real time.
Before making the purchase, the USER may check online all details of the quote: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has provided at the time of placing the order. This invoice will be sent in paper format together with the purchased product. The invoice may be downloaded in PDF format by accessing the website management panel using the user account. If the USER wishes to receive it by email, they must request it through any of the means made available by the PROVIDER, and they are informed that they may revoke this decision at any time.
SHIPPING COSTS
Prices published in the store do not include shipping or communication costs, nor installation or unloading, or complementary services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time the cart or quote is saved, as they are calculated based on the weight of the products and the delivery address.
PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for economic transactions and offers the following payment methods for an order:
Credit card
Apple Pay
Google Pay
Pay Pal
The USER may use a discount coupon prior to completing the purchase if they have received one from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the purpose of preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
The sale or offer of a product or service that does not comply with all applicable laws for the Buyer, Issuing Bank, Merchant, or Cardholder(s) is prohibited under the card brands’ programs.
PURCHASE PROCESS
Any product from our catalog can be added to the cart. In the cart, only the items, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping details entered.
Carts have no administrative binding effect; they are simply a section where a quote can be simulated without any commitment by either party.
From the cart, an order can be placed by following the steps below for correct formalization:
- Verification of billing details.
- Verification of shipping address.
- Selection of payment method.
- Place the order (purchase).
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming that the order has been placed.
Orders (purchase requests)
Prior to order confirmation, information will be provided about the order status and the approximate shipping and/or delivery date.
SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions is considered illegal, null, or for any reason unenforceable, that condition shall be considered severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal provision, licence, regulation, directive, code of practice, or policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.
WARRANTIES AND RETURNS
Warranties shall be governed by the provisions in the Title concerning “Warranties and after-sales services” of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, which you can access by clicking here
If you wish to customize this section, you must verify that the wording complies with the provisions set out in the Title on WARRANTIES AND AFTER-SALES SERVICES of Royal Legislative Decree 1/2007.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly provided for herein. Any dispute that may arise from the provision of the products or services covered by these Terms and Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place where the obligation is fulfilled, or the place where the asset is located if it is real estate.