This document determines the terms and conditions for the use of the COFFEE IS website. INCAPTO, SL, with NIF B-67609404, and registered office located at Carrer de la Llacuna, nº 162-164, 08018 Barcelona, available at https://incapto.com/, which includes, especially the request for orders for all products and services offered INCAPTO. Please read these terms and conditions of sale carefully before using our website and ordering our Products and Services. The fact of using this website to place orders for the products of INCAPTO, implies that you agree with these Terms and Conditions. Take into consideration that INCAPTO offers a wide range of Products and Services, the description of which on the Website may differ from the actual products in aspects such as color, shape and size, and additional terms may sometimes apply. In such cases, INCAPTO will make the corresponding communication to the consumer.

GENERAL CONDITIONS

These terms and conditions will apply to the use of this website, as well as to the presentation of all offers or promotions and agreements reached through the website of INCAPTO. A client will be any person, natural or legal, who visits this website and establishes some type of contractual relationship with INCAPTO. A consumer will be any natural person who falls within the definition established in article 3 of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCU). INCAPTO reserves the right to make any changes it deems appropriate to this website, especially to these Terms and Conditions, given their relevance.

INCAPTO will inform you of changes made to the Terms and Conditions through the email address provided by the client in the registration form. Said information will be sent within a maximum period of 14 days from the implementation of the modification of Terms and Conditions. In the event that the client does not wish to accept the new Terms and Conditions, they must notify INCAPTO within a maximum period of 14 days from receipt of notification of the new Terms and Conditions. The customer will be subject to the Terms and Conditions in force from the moment they place the order for the Products. INCAPTO. In the event that any of these Terms and Conditions is considered invalid, void or inapplicable, it will be considered invalid, not affecting in any case the validity and applicability of the remaining Terms and Conditions. In order to purchase the Products INCAPTO offered on this website, the Client must be of legal age. If you are under 18 years of age, you may only purchase the Products INCAPTO with the participation of a parent or guardian.

INCAPTO manages your orders within 24 to 48 business hours. Shipping time depends on the delivery location, with an approximate shipping time of between 24 and 48 business hours in the Peninsula, and between 72 and 96 hours in the Canary Islands, Balearic Islands, Ceuta and Melilla. Likewise, INCAPTO makes shipments outside the Spanish State. The consumer and user is informed that the delivery time could be delayed beyond 72 hours, depending on the destination country.

In case of doubts about shipments to your country, contact us through the email address hello@incapto.com. The warehouse and coffee roasting center of INCAPTO They are located in Ripollet, Barcelona, Spain. Orders requested by the customer are shipped from the coffee warehouses of INCAPTO, or from our logistics operator, which is responsible for preparing orders and managing shipments.

Home delivery:

• Free shipping from €35 of basket throughout the Spanish Peninsula.
• Free shipping from €49 basket in the Balearic Islands and Andorra.
• Free shipping from €69 basket in Ceuta and Melilla.
• Free shipping from €99 basket in the Canary Islands.

If the order does not exceed the basket indicated above, the following amounts will be charged as shipping costs:

• €2.99 for baskets under €35 throughout the Spanish Peninsula.
• €5.99 in the Balearic Islands and €7.99 in Andorra for baskets under €49.
• €7.99 in Ceuta and €16.99 in Melilla for baskets under €69.
• €29.99 in the Canary Islands for baskets under €99.

For subscriptions, these shipping costs will be taken into account only for coffee baskets.

Shipping costs at collection point:

• Free shipping from €35 basket in Spain.
• Free shipping from €49 basket in the Balearic Islands.

If the order does not exceed the basket indicated above, the following amounts will be charged as shipping costs:

• €1.99 for baskets under €35 in Spain.
• €4.99 in the Balearic Islands for baskets under €49.

For subscriptions, these shipping costs will be taken into account only for coffee baskets. In the Canary Islands, Ceuta and Melilla, the collection point option is not available.

Customs fees For shipments to Spain and European Union countries, it is not necessary to pay extra customs fees. International orders may incur additional customs fees. This rate is not under the control of INCAPTO, and it is the decision of each user's customs agency. Customs policies vary greatly between countries, so it is recommended to speak with local authorities to clarify this point. 

Non-receipt of the order If the order is not received, the consumer and user is recommended to follow the following steps:

1. Check the confirmation email to ensure there are no errors in the shipping address or order confirmation. It is reported that the zip code is a crucial part of the shipping address. The consumer and user must ensure that they have entered this information correctly, in order to avoid theft. It is recommended to use the address of the place where you are going to be.

2. Access the customer account INCAPTO in https://www.incapto.com/cuenta/ and check the status of the order. In addition, the consumer will have a Link with the tracking of the order by the transport company. The status must be checked and that there is no incident.

3. If the order appears as delivered, ask for it at the local post office or at the office of the transport company closest to the delivery point.

4. If the order appears as delivered, ask the neighbors if the carrier had left the package for them. In the event that none of the previous points have been of help, INCAPTO recommends contacting the email address hello@incapto.com with the order number. If there is any problem with the shipping address, INCAPTO I could send you the product again, with the shipping costs being the responsibility of the consumer.

RIGHT OF WITHDRAWAL

For the purposes of the provisions of article 69 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 (hereinafter, TRLGDCU), clients are informed that they have the right to withdraw from the contractual relationship that links them with INCAPTO, complying with the legally established conditions. The consumer has a period of 14 calendar days, counting from the receipt of the first coffee order, to withdraw from the contractual relationship that unites him or her with INCAPTO. This right may be exercised by contacting by email at the address hello@incapto.com, providing your tax information (name, ID and address), and the order number and date. Once the period described above has elapsed, the consumer will not be able to withdraw from the coffee subscription until the minimum one-year commitment has elapsed. The consumer is informed that, by virtue of the provisions of article 77 of the TRLGDCU, the exercise of the right of withdrawal will not imply in any case a penalty for the consumer. 

Exceptions to the right of withdrawal It is expressly stated that, in accordance with the provisions of article 103.b) of the TRLGDCU, the right of withdrawal does not operate in the event of an increase in coffee prices, due to fluctuations in the financial market not controllable by INCAPTO, and that may occur during the withdrawal period. Likewise, in accordance with the provisions of sections d) and e) of article 103 of the same legal text, consumers are informed that the right of withdrawal does not operate once the coffee packages received have been unsealed. Therefore, there is no right of return on them.

PRICES

For the purposes of the provisions of article 103.b) 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, it is reported that coffee prices may be constantly subject to variations. For these purposes, INCAPTO is not responsible for variations in coffee prices, since they depend on the fluctuations of the financial market that INCAPTO can't control. INCAPTO reserves the right to cancel and return the amount paid to the customer in the event of an error in the prices established on this website for any reason, and is not responsible for any arithmetic or material error in the setting of product prices. INCAPTO informs that the prices of its Products and Services offered on its Website include the corresponding VAT, which is applicable depending on the Product or Service requested, depending on what is established in the applicable regulatory framework. INCAPTO will inform through this website the possible Promotions to which its clients can access, with the corresponding general conditions, which can be consulted through this website, in the section Legal Bases.

ORDER TRACKING

INCAPTO and its logistics operator will send an SMS message to the telephone number indicated by the client with a notice regarding the order. Likewise, INCAPTO will send an email to the address indicated by the client with the order information. In case of doubts regarding shipping, the customer can contact us using the contact form on this website, https://www.incapto.com/contacta/ or sending email to the address hello@incapto.com.

PAYMENTS

INCAPTO informs customers that the means of payment for orders of the Products and Services offered INCAPTO It is by debit or credit card, and their processing is carried out only through the Stripe platform. For the purposes of processing payment, INCAPTO You will provide the Stripe Platform with the necessary information in relation to the customer's order (name, address, account number, credit card number, invoice amount, currency and transaction number, among others, if applicable), for the sole purpose of processing the payment with Stripe. If you need more information about Stripe's data protection, you can consult the website: https://stripe.com/terms. In application of the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, customers are informed that, at the time of placing the order, express consent will be requested for the processing of their personal data, and the Privacy Policy of INCAPTO.

MINIMUM COFFEE SUBSCRIPTION

INCAPTO informs its customers who wish to purchase a coffee machine with a coffee subscription, of the obligation to comply with a minimum permanence, whether it is with a single payment or financed. The conditions for a minimum stay of one year are as follows:

• Coffee maker purchased with single payment more coffee subscription monthly: minimum permanence of 12 orders of coffee.
• Coffee maker purchased with single payment more coffee subscription quarterly: minimum permanence of 4 orders of coffee.
• coffee maker financed to 3 months plus coffee subscription monthly: minimum permanence of 4 orders of coffee.
• coffee maker financed to 3 months plus coffee subscription quarterly: minimum permanence of 4 orders of coffee.
• coffee maker financed to 6 months plus coffee subscription monthly: minimum stay of 6 months and 12 orders of coffee.
• coffee maker financed to 6 months plus coffee subscription quarterly: minimum stay of 6 months and 4 orders of coffee.
• coffee maker financed to 12 months plus coffee subscription monthly: minimum stay of one year, and 12 orders of coffee.
• coffee maker financed to 12 months plus coffee subscription quarterly: minimum stay of one year, and 4 orders of coffee.

Likewise, INCAPTO informs its customers that, in the case of making a coffee subscription without purchasing a coffee machine, there is no obligation to comply with a minimum retention period.

FINANCING

It is reported that, by virtue of the provisions of current Law 28/1998, of July 13, on Installment Sale of Movable Property, and other applicable legal provisions, INCAPTO grants its consumers the possibility of financing the coffee maker, with several financing options, adapting to their needs, offering the possibility of subscribing to linear financing, with a fixed installment to be paid monthly, or making an initial disbursement greater than the remaining monthly installments. Customers are also informed that INCAPTO implements the coffee maker's payment system called “Split payment”, which allows the payment made by the customer to be divided between INCAPTO and the financial operator, according to the amounts corresponding to each one. In this case, the client will sign the Deferred Payment Contract with a third-party financial operator, provided by INCAPTO. Thus, at the time of making the subscription for the financed purchase of the coffee maker, the corresponding financial operator will send the consumer a Contract with the conditions of sale and financing of the coffee maker, on which express consent will be requested. Said contract will include, among others, the data of the financial institution, the exact description of the coffee machine being purchased, the sale price, the amount of the initial disbursement, the number of deferred installments, which will always be greater than three, the part financed by a third party, if any, as well as the corresponding interest, the applicable APR, and the other applicable legal conditions, in accordance with the provisions of article 7 of Law 28/1998. If

By virtue of the provisions of article 9 of the aforementioned Law 28/1998, consumers have the right to withdraw from said financing contract for the coffee maker within 7 business days following the delivery of the good, communicating it by email sent to the address hello@incapto.com and, where applicable, to the financier, provided that the legally established requirements in the aforementioned legal provision are met, such as not having used the coffee maker beyond the purposes of simple examination or testing, and returning it within the established period, in the same condition in which it was received, among others. It is expressly reported that by virtue of the provisions of article 77 of the TRLGDCU, the exercise of the right of withdrawal will not imply in any case a penalty for the consumer. Customers are informed that INCAPTO could offer further financing systems for the coffee maker in the future, in which case customers will be duly informed, updating the application conditions.

RETURNS

INCAPTO offers the possibility of returning coffee packages if they are received in poor condition and/or unsealed, or if there is an error with the order by the INCAPTO, with the limits established in the Law, as well as to return the coffee maker, if the requirements established in this document are met. If such a case occurs, the consumer can contact INCAPTO via email address hello@incapto.com, sending probative evidence of the defect in the delivered product, for the purposes of seeking a solution. For returns of coffee machines and accessories, the return policy will be as established in section 3 of this Document. In order to proceed with the return, the products must be returned in perfect condition. 

Coffee makers If the coffee makers are not returned in perfect condition, in their original box and clean, €50 will be deducted from the return amount, in terms of tuning. The costs related to product return shipments will always be borne by the customer. If the coffee maker is received correctly, the full amount will be refunded. INCAPTO It does not offer the possibility of changing the coffee machine for another higher model, proceeding to provide a coffee machine of a similar range, in case there is not one of the same model in stock. To proceed with the return of said items, the consumer must contact by sending an email to the address hello@incapto.com. 

Coffee and accessories In case you receive the coffee and accessory packages INCAPTO damaged, the consumer is informed that they will have the right to return them, as long as they send communication via email, to the address hello@incapto.com, graphic evidence of existing damage to the products, for the purposes of INCAPTO can corroborate it, as well as the order number and any other detail that allows reliable identification of the order. Likewise, in accordance with the provisions of sections d) and e) of article 103 of the same legal text, consumers are informed that the right of withdrawal does not operate once the coffee packages received have been unsealed. Therefore, there is no right of return on them. It is reported that INCAPTO does not offer refunds for subscriptions or products financed with any financial operator it works with INCAPTO, outside the period for exercising the right of withdrawal. 

Return mode The products to be returned, if the established requirements are met, must be notified to our Customer Service team via email. hello@incapto.com who will provide all the information necessary for the return.

Product changes INCAPTO recommends that its clients review their order before processing their request, since no changes can be made to the order once it has been processed. If you need advice regarding weight, size or flavor, among other issues, it is recommended to contact by email sending communication to the address hello@incapto.com. 

Refund INCAPTO It only offers the possibility of refunding money in the event of receiving incorrect or damaged coffee packages, and that this condition can be demonstrated, following the conditions indicated in this document. In this case, the client must contact via email sending communication to the address hello@incapto.com. For coffee makers and accessories, INCAPTO The refund will only be made once the item has been returned, if the return requirements indicated in the Return Policy are met. INCAPTO, or the legally established requirements for the exercise of the right of withdrawal are met. If all the mentioned conditions are met, INCAPTO undertakes to proceed with the refund within a maximum period of two working weeks.

WARRANTY

In accordance with the provisions of article 120 of Royal Decree Law 7/2021, of April 27, as of January 1, 2022, the coffee makers INCAPTO They have a warranty period of 3 years from receipt of the same., in case of any problem that affects the correct operation of the coffee maker, and provided that it is confirmed by the INCAPTO which is not due to misuse of it.

Likewise, it is reported that, under the applicable legislation, coffee machines of INCAPTO whose acquisition was made prior to January 1, 2022, will have a warranty period of 2 years from receipt of the same, in the event of any problem that affects the correct operation of the coffee maker, and provided that it is corroborated by INCAPTO which is not due to misuse of it.

In the case of purchasing a coffee maker Incapto Reconditioned warranty will be 12 months counting from the receipt of the same.

For these purposes, misuse of the coffee maker is understood as:

  1. Use roasted coffee beans instead of natural coffee beans.

  2. Wet any part of the coffee maker that is not optimal for getting wet.

  3. Breakage or malfunction due to fall or impact.

  4. Problems derived from not having decalcified.

  5. Lime problems due to the water used.

It is expressly reported that the warranty does not cover problems resulting from excessive use of the coffee maker, such as:

• Wear of the millstones or milling cutters.
• Casting of an indicator light.

If you have purchased a coffee maker Incapto more than 3 years old (6 months in the case of a reconditioned coffee maker), that is, coffee makers out of warranty. At the time of reporting any error/problem in it, the Customer Service will proceed to send the coffee maker to our Official SAT, upon payment of €99 for non-subscribers or €49 if you are a subscriber to cover the costs of transportation and repair of the coffee maker.

Important Notice on Coffee Maker Maintenance

To guarantee the correct functioning of your coffee maker and to be able to apply the Technical Assistance Service (SAT) coverage, it is essential that the equipment has received adequate cleaning and descaling following the manufacturer's instructions.

In case the coffee maker arrives with lack of maintenance and/or insufficient cleaning, the SAT must apply a fixed charge of €49 in terms of sanitation and cleaning. This amount will be previously communicated to the client and must be accepted so that the service can be processed.