Terms and Conditions

The present document sets forth the terms and conditions for the use of the website of COFFEE IS INCAPTO, SL, with Tax ID B-67609404, and registered office at Carrer de la Llacuna, nº 162-164, 08018 Barcelona, available at https://incapto.com/. This includes, especially, the order request for all products and services offered by INCAPTO. Please read these terms and conditions carefully before using our website and requesting our Products and Services. By using this website to place orders for INCAPTO products, you agree to these Terms and Conditions. Please note that INCAPTO offers a wide range of Products and Services, whose description on the website may differ from the actual products in aspects such as color, shape, and size, and additional terms may apply on occasion. In such cases, INCAPTO will communicate accordingly with the consumer.

1. GENERAL CONDITIONS
2. SHIPPING

GENERAL TERMS AND CONDITIONS These terms and conditions shall apply to the use of this website, as well as to all offers, promotions, and agreements reached through the INCAPTO website. Any person, whether an individual or a legal entity, who visits this website and establishes any contractual relationship with INCAPTO shall be considered a customer. Any individual 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) shall be considered a consumer. INCAPTO reserves the right to make changes it deems appropriate to this website, especially to these Terms and Conditions, due to their relevance. INCAPTO will inform you of the changes made to the Terms and Conditions via the email address provided by the customer in the registration form. This information will be sent within a maximum period of 14 days from the implementation of the modified Terms and Conditions. If the customer does not wish to accept the new Terms and Conditions, they must notify INCAPTO within a maximum period of 14 days from the receipt of the notification of the new Terms and Conditions. The customer will be subject to the current Terms and Conditions from the moment they place an order for INCAPTO Products. In the event that any of these Terms and Conditions is deemed invalid, void, or unenforceable, it shall be considered as not included, without affecting the validity and enforceability of the remaining Terms and Conditions. In order to purchase INCAPTO Products offered on this website, the Customer must be of legal age. If the Customer is under 18 years old, they can only purchase INCAPTO Products with the involvement of a parent or guardian. INCAPTO processes orders within 24 to 48 working hours. The delivery time depends on the delivery location, with an approximate delivery time of 24 to 48 working hours in the Peninsula, and between 72 and 96 hours in the Canary Islands, Balearic Islands, Ceuta, and Melilla. Additionally, INCAPTO ships outside the Spanish territory. The consumer is informed that the delivery time may be longer, beyond 72 hours, depending on the destination country. For any doubts about shipping to your country, contact us via email at hello@incapto.com. The warehouse and coffee roasting center of INCAPTO are located in Ripollet, Barcelona, Spain. The orders requested by the customer are shipped from the warehouses and coffee roasting center of INCAPTO, or from our logistics operator, which is responsible for order preparation and shipping management. Home Deliveries Home deliveries will not incur expenses if the following requirements are met:

• - Free shipping for orders over €35 throughout the Spanish Peninsula.
• - Free shipping for orders over €49 to the Balearic Islands and Andorra.
• - Free shipping for orders over €69 to Ceuta and Melilla.
• - Free shipping for orders over €99 to the Canary Islands.

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

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

For subscriptions, these shipping costs will only apply to coffee baskets. The fees for financed coffee makers will not be considered as part of the basket amount. Shipping costs for pick-up points Pick-up point shipments will not incur expenses if the following requirements are met:

• - Free shipping for orders over €35 in Spain.
• - Free shipping for orders over €49 to the Balearic Islands.

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

• - We charge €1.99 for orders below €35 in Spain.
• - We charge €4.99 for orders below €49 to the Balearic Islands.

Customs Fees For shipments to Spain and countries within the European Union, there is no need to pay additional customs fees. However, international orders may incur additional customs charges. This fee 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 consult with local authorities to clarify this point. Non-receipt of the Order In case of not receiving the order, it is recommended that the consumer follows the following steps: Check the confirmation email to ensure there are no errors in the shipping address or order confirmation. The postal code is a crucial part of the shipping address, so the consumer must ensure that this data is entered correctly to prevent theft. It is advisable to use the address of the location where the consumer will be present. Access the INCAPTO customer account at https://www.incapto.com/cuenta/ and check the status of the order. Additionally, the consumer will have a tracking link provided by the transport company. They should verify the status and check if there are any incidents. If the order appears as delivered, ask for it at the local post office or the nearest transport company office to the delivery point. If the order appears as delivered, ask the neighbors if the courier left the package with them. If none of the above points have provided assistance, INCAPTO recommends contacting the email address hello@incapto.com with the order number. If there is an issue with the shipping address, INCAPTO may resend the product, with the shipping costs borne by the consumer. International Shipments For international shipments, INCAPTO offers shipping options to pick-up points in Belgium, Luxembourg, and the Netherlands for €3.99 per shipment. Free shipping for orders over €59. To request international shipping, it is recommended to contact INCAPTO via the email address hello@incapto.com.

3. RIGHT OF WITHDRAWAL

In accordance with Article 69 of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, TRLGDCU), customers are informed that they have the right to withdraw from the contractual relationship with INCAPTO, complying with the legally established conditions. The consumer has a period of 14 natural days, starting from the receipt of the first coffee order, to exercise their right of withdrawal from the contractual relationship with INCAPTO. This right can be exercised by contacting INCAPTO via email at hello@incapto.com, providing their tax information (name, ID number, and address), as well as the order number and date. After the aforementioned period, the consumer cannot withdraw from the coffee subscription until the minimum commitment period of one year has elapsed. The consumer is informed that, pursuant to Article 77 of the TRLGDCU, the exercise of the right of withdrawal will not result in any penalty for the consumer. Exceptions to the Right of Withdrawal It is expressly stated that, in accordance with Article 103.b) of the TRLGDCU, the right of withdrawal does not apply in case of a price increase of coffee due to fluctuations in the financial market beyond the control of INCAPTO that may occur during the withdrawal period. Additionally, in accordance with paragraphs d) and e) of Article 103 of the same legal text, consumers are informed that the right of withdrawal also does not apply once the coffee packages received have been unsealed. Therefore, there is no right of return for these products.

4. PRICES
5. PROMOTIONS

In accordance with Article 103.b) of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, it is informed that coffee prices may be constantly subject to variations. INCAPTO is not responsible for price fluctuations of coffee, as they depend on financial market fluctuations that INCAPTO cannot control. INCAPTO reserves the right to cancel and refund the amount paid by the customer in the event of pricing errors on this website for any reason, and it is not responsible for any arithmetic or material errors in the pricing of products. INCAPTO informs that the prices of its Products and Services offered on its website include the corresponding VAT, which is applicable according to the requested Product or Service, in accordance with the applicable regulatory framework. INCAPTO will inform its customers of possible Promotions that they may access through this website, along with the corresponding general conditions. These conditions can be consulted on the website, in the section of Legal Bases.

6. ORDER TRACKING

INCAPTO and its logistics operator will send an SMS message to the phone number provided by the customer with a notification related to the order. Additionally, INCAPTO will send an email to the address provided by the customer with the order details. If there are any doubts regarding the shipment, the customer can contact through the contact form on this website https://www.incapto.com/en/contact/ or by sending an email to hello@incapto.com.

7. PAYMENTS

INCAPTO informs customers that the payment method for orders of Products and Services offered by INCAPTO is through debit or credit card, and the processing is done solely through the Stripe platform. To process the payment, INCAPTO will provide the necessary information to the Stripe platform regarding the customer's order (name, address, account number, credit card number, invoice amount, currency, transaction number, among others if applicable), solely for the purpose of processing the payment with Stripe. If you need more information about Stripe's data protection, you can consult their website: https://stripe.com/de/terms. In accordance with 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, they will be asked for explicit consent for the processing of their personal data, and INCAPTO's Privacy Policy will be provided.

8. MINIMUM COFFEE SUBSCRIPTION

INCAPTO informs its customers who wish to purchase a coffee maker with a coffee subscription about the obligation to comply with a minimum commitment period, whether it is a one-time payment or financed. The minimum commitment period of one year has the following conditions:

• -Coffee maker purchased with a one-time payment plus a monthly coffee subscription: minimum commitment period of one year and a minimum of 12 orders of coffee.
• -Coffee maker purchased with a one-time payment plus a quarterly coffee subscription: minimum commitment period of one year and a minimum of 4 orders of coffee.

• -Financed coffee maker with a 3-month payment plan plus a monthly coffee subscription: minimum commitment period of one year and a minimum of 4 orders of coffee.
• -Financed coffee maker with a 3-month payment plan plus a quarterly coffee subscription: minimum commitment period of one year and a minimum of 4 orders of coffee.

• -Financed coffee maker with a 3-month payment plan plus a quarterly coffee subscription: minimum commitment period of one year and a minimum of 4 orders of coffee.
• -Financed coffee maker with a 6-month payment plan plus a quarterly coffee subscription: minimum commitment period of one year and a minimum of 4 orders of coffee.

• -Financed coffee maker with a 12-month payment plan plus a monthly coffee subscription: minimum commitment period of one year and a minimum of 12 orders of coffee.
• -Financed coffee maker with a 12-month payment plan plus a quarterly coffee subscription: minimum commitment period of one year and a minimum of 4 orders of coffee.

• -Financed coffee maker with a 24-month payment plan plus a monthly coffee subscription: minimum commitment period of one year and a minimum of 24 orders of coffee.
• -Financed coffee maker with a 24-month payment plan plus a quarterly coffee subscription: minimum commitment period of one year and a minimum of 8 orders of coffee.

Furthermore, INCAPTO informs its customers that, in case of subscribing to coffee without the purchase of a coffee maker, there is no obligation to comply with a minimum commitment period.

9. FINANCING

It is informed that, in accordance with the current Law 28/1998, of July 13, on the Sale of Goods on Installments, and other applicable legal provisions, INCAPTO offers its consumers the possibility to finance the coffee maker, with various financing options that adapt to their needs. Customers have the option to choose a linear financing with a fixed monthly installment or to make an initial payment higher than the remaining monthly installments. Additionally, it is informed that INCAPTO implements a payment system for the coffee maker called "Split payment," which allows dividing the payment made by the customer between INCAPTO and the financial operator, according to the respective amounts owed to each. In this case, the customer will sign the Deferred Payment Contract with a third-party financial operator, provided by INCAPTO. Therefore, when subscribing to the purchase of the coffee maker with financing, the corresponding financial operator will send the consumer a Contract with the sales and financing conditions of the coffee maker, which will require explicit consent. The contract will include, among other things, the details of the financial entity, the exact description of the coffee maker being acquired, the sale price, the amount of the initial payment, the number of deferred installments (always exceeding three), the portion financed by a third party if applicable, as well as the corresponding interests, applicable APR, and other applicable legal conditions, in accordance with Article 7 of Law 28/1998. It is noted that the financing installments, currently, are as follows:

• Black and white coffee maker.
  • Option 1: 3 monthly installments, at a rate of €99.66 each. Interest-free.
  • Option 2: 6 monthly installments, at a rate of €54.95 each. With a total interest of 10.26%.
  •  
• Coffee maker with a steam wand.
  • Option 1: 3 monthly installments, at a rate of €116.30 each. Interest-free.
  • Option 2: 6 monthly installments, at a rate of €64.95 each. With a total interest of 10.44%.
  •  

The financing options acquired before 17/03/2022 will remain valid until all the coffee maker installments have been paid.

• Black coffee maker:
  • Option 1: 12 monthly installments, at a rate of €29.95 each.
  • Option 2: 24 monthly installments, at a rate of €14.95 each.
  •  
• White coffee maker with steam wand:
  • -Option 1: 12 monthly installments, at a rate of €34.95 each.
  • -Option 2: 24 monthly installments, at a rate of €19.95 each.
  •  

In accordance with Article 9 of the mentioned Law 28/1998, consumers have the right to withdraw from the coffee maker financing contract within 7 working days after receiving the product. This can be done by communicating the withdrawal through an email sent to the address hello@incapto.com, and, if applicable, to the financing entity, provided that all legally established requirements are met, such as not having used the coffee maker beyond what is necessary for a simple examination or test, and returning it within the established period, in the same condition it was received, among others. It is expressly stated that in accordance with Article 77 of the TRLGDCU, exercising the right of withdrawal will not involve any penalty for the consumer. Customers are also informed that INCAPTO may offer further coffee maker financing systems in the future, in which case customers will be duly informed with updated conditions of application.

10. RETURNS

INCAPTO offers the possibility of returning coffee packages in case they are received in poor condition and/or unsealed, or if there is an error with the order made by INCAPTO, within the limits established by law, as well as the option to return the coffee machine, if the requirements set out in this document are met. In such cases, the consumer can contact INCAPTO via the email address hello@incapto.com, providing evidence of the defect in the delivered product, in order to find a solution. For returns of coffee machines and accessories, the return policy is specified in section 3 of this document. To proceed with the return, the products must be returned in perfect condition and in their original packaging. Coffee Machines If the coffee machines are not returned in perfect condition, in their original packaging, and clean, a deduction of €50 will be made from the refund amount as a reconditioning fee. The customer is responsible for all shipping costs related to product returns. Upon successful receipt of the coffee machine, the full refund amount will be processed. Please note that INCAPTO does not offer the option to exchange the coffee machine for a higher-priced model. If there is no stock of the same model, a coffee machine of similar quality will be provided. To proceed with the return of coffee machines, the consumer must contact INCAPTO by sending an email to hello@incapto.com. Coffee and Accessories In the event of receiving damaged coffee packages and accessories, customers have the right to return them by sending an email to hello@incapto.com, including photographic evidence of the damage, the order number, and any other information necessary for identification. However, it is important to note that once the coffee packages are unsealed, the right of withdrawal is no longer applicable, and there is no option for return. INCAPTO does not offer returns for subscriptions or for products financed through any financial operator working with INCAPTO, outside the period for exercising the right of withdrawal. Return Process For eligible products, customers should return the items to the following address: Calle Industria nº69, Ripollet, Barcelona, CP:08291. Customers can choose to manage the shipment of the product themselves through a preferred logistics operator, or request INCAPTO to arrange the collection, which incurs a cost of €10, to be deducted from the product refund. Product Exchanges INCAPTO advises its customers to review their orders before processing them, as changes to the order cannot be made once it has been processed. For any advice regarding weight, size, flavor, or other issues, customers can contact INCAPTO by sending an email to hello@incapto.com. Refunds INCAPTO only offers refunds in the event of receiving incorrect or damaged coffee packages, provided that the condition of the products can be verified according to the conditions specified in this document. In such cases, customers should contact INCAPTO via email at hello@incapto.com. For coffee machines and accessories, INCAPTO will process the refund only after receiving the item back, provided it meets the return requirements as indicated in the INCAPTO Return Policy, or if it meets the legally established requirements for exercising the right of withdrawal. Upon fulfilling all the mentioned conditions, INCAPTO commits to processing the refund within a maximum of two working weeks.

11. Warranty

In accordance with the provisions of Article 120 of Royal Decree-Law 7/2021 of April 27, as of January 1, 2022, INCAPTO coffee machines have a 3-year warranty period starting from the date of receipt, in the event of any issue affecting the proper functioning of the machine, and provided that INCAPTO verifies that it is not due to misuse of the product.

Likewise, please note that, under the applicable legislation, INCAPTO coffee machines purchased before January 1, 2022 will have a 2-year warranty period starting from the date of receipt, in the event of any issue affecting the proper functioning of the machine, and provided that INCAPTO verifies that it is not due to misuse of the product.

In the case of purchasing a Refurbished INCAPTO coffee machine, the warranty period will be 6 months from the date of receipt.

For this purpose, misuse of the coffee machine shall be understood as:

1. Using roasted (torrefacto) coffee beans instead of natural coffee beans.

2. Wetting any part of the machine that is not designed to be exposed to water.

3. Breakage or malfunction caused by a fall or impact.

4. Problems resulting from failure to carry out descaling.

5. Limescale issues caused by the water used.

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

• Wear of the grinder burrs.

• Melting or failure of a light indicator.

In the case of having purchased an INCAPTO coffee machine over 3 years old (or 6 months for a refurbished machine) — that is, outside the warranty period at the time of reporting any error or issue — the Customer Service Department will arrange for the machine to be sent to our Official Technical Service (SAT), subject to payment of €99 for non-subscribers or €49 for subscribers, to cover transportation and repair costs.