Terms of Service

  1. Applicability
    1. This website is operated by La Cabra Coffee ApS, a Danish registered limited company (Company reg. 40598782), with its registered address at Marguerite Vibys Plads 1, DK-2000 Frederiksberg (“La Cabra”, “we”, “us” and “our”).
    2. These general terms of sale (the “Terms of Sale”) apply to all orders placed by use of our wholesale webshop (“Webshop”). Thus, these Terms of Sale create a legally binding agreement between you (“Customer” or “you”) and La Cabra regarding orders placed for products available on the Webshop.
    3. We may revise these Terms of Sale without notice by posting the revised terms on the Website. Please read these Terms of Sale carefully and check that the details in the order are complete and accurate before submitting the order.
    4. Any terms and conditions of supply stipulated by Customer which are in contradiction to these Terms of Sale shall only be valid if expressly accepted by La Cabra in writing.
    5. If you have any question regarding these Terms of Sale, please contact us at webshop@lacabra.dk.The use of our Webshop is also governed by La Cabra’s Terms of Use and Privacy Policy
  2. ORDERS
    1. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the products that you have selected on the basis of these Terms of Sale. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the "Order Confirmation"). The contract between Customer and La Cabra will only be formed when we send you the Order Confirmation (the "Contract"). We reserve the right to refuse service to anyone for any reason at any time.
    2. The Contract will only relate to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.
  3. DElIvery
    1. Delivery terms are Incoterms 2020 DAP at the place specified in the Order Confirmation.
    2. La Cabra will pack the products in a manner suitable to protect the products during transport and each package will be appropriately marked and labelled.
    3. La Cabra will deliver the products and services in accordance with the time schedule outlined in the Order Confirmation. Time is not of essence.
    4. If you are unable or unwilling to accept the delivery of the products at the time of delivery, we may, at our sole discretion, store the products at your cost and risk. In such an event, the products shall be deemed delivered as of the date of storage.
  4. Prices and PAYMENT
    1. Payment through our Webshop is possible with Mastercard, VISA, JCB, UnionPay, American Express and Apple Pay. For Danish customers we also offer payments via Dankort.
    2. The due amount will be deducted from your credit/debit card at the time of shipment. If La Cabra is not able to deduct the payment, La Cabra will suspend the shipment.
    3. All prices are excluding Danish VAT (25%).
    4. Shipping rates are applied per order.
    5. We reserve the right to cancel orders without subject to notice on account of typos, technical errors, changes in VAT and taxes.
    6. Customer is not entitled to set-off against the price for claims arising from any other legal relationships, and Customer is not entitled to exercise any rights of retention or refuse payment due to a delay, complaint or counterclaim regarding any delivery.
  5. Account information
    1. You agree to provide current, complete and accurate purchase and account information for all orders made at our Webshop. It is your sole responsibility to make sure that your account information is correct and accurate, including, but not limited to shipping address, email address and payment info.
    2. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. This can be done from your subscription account on www.lacabra.dk
  6. PRODUCTS AND SERVICES
    1. You can find documentation and descriptions of each product on our Webshop.
    2. All coffees are sold whole bean only.
    3. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
    4. The materials and descriptions on our Webshop are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material and descriptions is at your own risk.
    5. The products will be delivered free from material defects in workmanship, materials and design (“Defect”). If a product is deemed to be Defective, we will, at our sole option, repair or replace any part of the products which contains a Defect, or issue a credit note for the amount paid for the Defective products. You are responsible for the return of any Defective products to La Cabra.
    6. La Cabra shall have no liability for any Defect to the extent caused by ordinary wear and tear; use of products other than for intended use; failure to observe instructions for the installation, operation, maintenance, cleaning or repair of the products; or any alteration or rebuilding of the products.
  7. PERSONAL INFORMATION
    1. Your submission of personal information through the Webshop is governed by our Privacy Policy.
  8. ERRORS, INACCURACIES AND OMISSIONS
    1. Occasionally there may be information on our Webshop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
  9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    1. The products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    2. La Cabra’s liability for any damage to property caused by the products after delivery (product liability) is limited to the rules in mandatory law.  Except where prohibited by mandatory law or case law, La Cabra’s limitation of liability in connection with product liability is limited to an amount of EUR 1,000,000 per claim. Notwithstanding the abovementioned you agree that La Cabra shall not be liable for any damage to property caused by the products after delivery to the extent the products are altered by you or third party and/or built in/incorporated into other products.
    3. In no case shall La Cabra, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind arising out of or in connection with the Contract. La Cabra shall never be liable for any loss of profits, revenue, goodwill or loss of contracts. Furthermore, La Cabra shall never be liable for any (possible) savings or data, or any replacement costs. La Cabra’s total aggregated liability for damages arising out of or in connection with a Contract is, unless otherwise stated in these Terms of Sale, limited to a value/amount equal to price paid to La Cabra under the Contract. If the limitation of liability is found to be invalid, La Cabra’s liability shall be determined at the minimum level under mandatory applicable law.
    4. La Cabra will take out and maintain adequate professional insurance covering its general obligations.
    5. You agree to indemnify, defend and hold harmless La Cabra and our affiliates, partners, officers, directors, agents, contractors, licensors, interns and employees, harmless from any claim or demand, including reasonable attorneysfees, made by any third-party due to or arising out of your breach of these Terms of Sale.
  10. Events outside our control (force majeure)
    1. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster and associated consequences in the form of quarantine or prohibition by authorities and impact on infrastructure. 
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
        1. we will contact you as soon as reasonably possible to notify you; and
        2. our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 
    3. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.  You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. We shall not have any further liability towards you due to an Event Outside Our Control.
  11. Miscellaneous
    1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms of Sale. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
    2. If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
    3. In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
  12. GOVERNING LAW
    1. You agree that the Webshop, Terms of Sale, and any dispute between you and La Cabra shall be governed in all respects by the substantive laws of Danmark, without regard to choice of law provisions. Furthermore, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or relating to the Webshop (including but not limited to the purchase of products) shall be resolved by the Court of Aarhus, Denmark in first instance.
    2. The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.