Terms of service

General Terms and Conditions of Sale

1. Purpose, Company Identity and Contact Information.

These General Terms and Conditions of Sale are intended to regulate the relationship between Tushi Coffee, S.L., a Spanish company, domiciled at Passeig dels Tarongers, 59, escalera A, 2º 1ª, 08860, Castelldefels (Barcelona), registered in the Mercantile Registry of Barcelona in Volume 48970, Folio 44, Page B-602962, with NIF B-56385115 ("MALAKABRA") and the client (the "Client"), relating to all transactions carried out through the websites www.malakabra.coffee, www.malakabra.es and www.malakabra.com (the "Website").

You can contact us by sending an email to hola@malakabra.com.

2. Applicability of the general conditions of sale

Every order placed with MALAKABRA through the Web will be governed by these General Conditions of Sale. By placing an order, the Customer acknowledges that he or she has read, understood and accepted, without reservation, these General Conditions of Sale, so we remind you that it is advisable to read them in detail. MALAKABRA reserves the right to modify these General Conditions of Sale by publishing an updated version of them on this page, which will be applicable to all orders placed after MALAKABRA publishes the new version of its General Conditions of Sale on the website.

3. Orders

1. By placing an order through the Web, the Customer makes a request to purchase the products he or she has selected under these General Conditions of Sale.
2. The products are offered on the Web within the limits of the available quantities. If your order exceeds stock, you will be informed immediately. MALAKABRA reserves the right to supply existing products to its Clients in a fair and reasonable manner.
3. You will receive the invoice for your purchase in electronic format. If you need to obtain a duplicate or to have any of your invoices sent to you in electronic format, you can contact our customer service at hola@malakabra.com.

4. Order Confirmations

1. With the acceptance of these General Conditions of Sale, orders placed over the Internet and confirmed by MALAKABRA will constitute a binding and fully effective contract between the parties.
2. MALAKABRA reserves the right to reject orders for reasons of force majeure or in the event of non-payment.
3. The information recorded by MALAKABRA constitutes absolute proof of the order and the entire transaction. The information recorded by the payment system constitutes absolute proof of the financial transactions.
4. If the contracted product is not available, the Client will be informed immediately, and the amount paid will be refunded to him within a period of less than 14 calendar days from said communication.
5. In relation to the provisions of the previous point, MALAKABRA may also offer a product with similar characteristics and of the same quality without an increase in price. In the event that the product offered is not in accordance with what was requested by the Client, the latter may cancel the order within 14 calendar days from receipt, provided that it is done in accordance with the section “Returns and Right of withdrawal”, and the amount paid will be reimbursed within the same period from the communication. In this case, the Client may also exercise their rights of withdrawal and termination under the same terms as if it were the item initially requested.

5. Prices

1. The prices to be paid for the items that the Client requests are those shown on the Web at the time the Client places their order. These prices will be detailed in the confirmation of the order, including VAT or any other applicable tax and, where applicable, shipping costs or any other. Likewise, the Client may always consult the prices of Malakabra products on the Web.

2. The charge corresponding to the shipping costs will be invoiced based on the rates indicated on the Website at the time the Customer places his order, calculated especially based on the size of the order and the delivery method that the Customer selects, the Customer being duly informed of said amounts before placing his order.

6. Delivery and shipping

1. All orders confirmed by MALAKABRA will be delivered to the default address in our system, or to the delivery address specified by the Customer when placing their order, or to the Delivery Point address if the Customer has selected this option and within the time period linked to the service chosen by the Customer and which will be confirmed with their order.

2. Order deliveries can only be made in the geographical areas specified on this website.

3. In the event that delivery of the order cannot be made for reasons beyond the control of MALAKABRA, an attempt will be made to contact the Customer again to arrange a new place and delivery date. If delivery cannot be made either, the order will be returned to MALAKABRA's warehouses and from that moment on, the amounts received by the Customer will be fully paid within 14 calendar days.

4. Free shipping for orders over:
35€ to the Iberian Peninsula;
75€ to the Balearic Islands;
115€ to the Canary Islands;
170€ to Ceuta and Melilla.

5. International shipping rates cover only shipping costs. Duties and taxes are not included in the order price and are the responsibility of the customer. Customs policies vary, so it is recommended to obtain detailed information in each case. Customs clearance procedures may cause delays and additional costs.

 

7. Verification of the merchandise

1. We remind you that the Customer is responsible for verifying the quantity, condition and state of the merchandise at the time it is delivered.

2. In the event that the merchandise is incomplete or has not been delivered as requested in the order, the Customer may contact and notify MALAKABRA within 14 calendar days from the delivery of their order. Once MALAKABRA has certified that the omission or error is due to a cause attributable to it, the company will replace said merchandise at no additional cost.

8. Returns and Right of Withdrawal

1. If you wish to withdraw from your purchase made through remote channels, you may do so at any time from the time you placed your order, and up to a maximum of 14 days after receiving it. To do so, please contact us to inform us of this decision through our Malakabra Customer Service or by using the withdrawal form, which you can also request through the contact form on our website. Once you have informed us of your decision to withdraw from your purchase, you have 14 calendar days to return the products to us. The cost of returning the products will be borne by the customer, who will be charged for the costs of collection at their home. Likewise, we will refund the money for your purchase in the original form of payment within a maximum period of 14 calendar days from our correct receipt of the returned product.

2. Requirements and instructions for returns/Right of Withdrawal: To make a return, the products must be in their original packaging, untampered with, unsealed, and provided that the item has not been used, the proof of purchase must have been kept. The consumer will be responsible for any reduction in the market price of the returned goods. Likewise, there will be no right of withdrawal for any product if the retail unit pack is damaged, tampered with, unsealed or used. Likewise, the consumer must ensure that the goods will be returned in identical or equivalent packaging to that in which they were received, which ensures the safety and integrity of the returned goods, otherwise we reserve the right to not accept the return. At the time of the return, inside the packaging indicated above and together with the products to be returned, there must appear either the duly completed withdrawal form, or a paper with the details of the customer who made the purchase, as well as the list of products and quantities to be returned per sales unit.

We inform you that our returns policy is limited to products/items that have not been unsealed, manipulated, or used. The above is for reasons of health protection or food hygiene and safety.

9. Payments

1. Cash on delivery purchases are not accepted.
2. Payments made by bank card will be charged once MALAKABRA processes your order. Once the order has been closed in our system and your shipment has been processed, the Customer will receive the confirmation email for their order. Your credit card details will be encrypted for security reasons.

10. Legal guarantee of the products

1. The products are guaranteed in accordance with the specific terms and conditions detailed in the product documentation.
2. Please consult said documentation for details on the product guarantee and on the use, handling and maintenance of Malakabra brand products.
3. The food products offered under the Malakabra brand have satisfactorily passed all the quality controls required by the applicable legislation.
4. The delivery of the product is understood to have been made on the day indicated on the invoice or purchase receipt or on the corresponding delivery note if this is later.

11. Subscription
1. By subscribing to one or more products, a recurring purchase order is formalized for the products and with the selected periodicity.
2. There is no minimum quantity requirement for the configuration of a subscription
3. The Client can modify and/or cancel the subscription at any time, without penalty, unless this has been expressly provided for at the time of configuration, as a condition for the application of a discount.

12. After-Sales Service and Complaints and Claims Management

1. Malakabra has a Customer Service and Incident Management Department that you can contact or submit your requests, complaints and claims through various means, which you can contact by email sent to hola@malakabra.com.

Likewise, pursuant to the provisions of Regulation (EU) 524/2013 applicable throughout the European Union, Malakabra makes the following link available to users of the Website: https://commission.europa.eu/about-european-commission/departments-and-executive-agencies/justice-and-consumers_es

13. Language

The language in which the contract between MALAKABRA and the Client will be concluded is Spanish.

14. Force Majeure
1. MALAKABRA guarantees the quality of the products contracted through its website. All rights granted to consumers and users by current laws are guaranteed. MALAKABRA will make every reasonable effort to fulfil its obligations.

2. However, MALAKABRA cannot be held responsible for delays or failures in delivery caused by circumstances beyond its reasonable control. Such circumstances include, but are not limited to: strikes, wars, natural disasters or any other situation that may prevent the production, transportation or delivery of the products.

16. Customer Responsibilities

1. The Customer undertakes to make lawful use of the services and products offered by MALAKABRA, without contravening current legislation or harming the rights and interests of third parties.
2. The Customer guarantees the truthfulness and accuracy of the data provided during the purchase, avoiding causing damage to MALAKABRA as a result of the incorrectness of the same.
3. The Customer undertakes to pay the price of the contracted products.
4. Failure to comply with any of these Conditions of Sale may result in the rejection of the order by MALAKABRA without the need to give the Customer prior notice and without giving rise to any right to compensation.

17. Applicable law and forum

These General Conditions of Sale are governed by Spanish law and any conflict or discrepancy in the interpretation or application thereof shall be subject to the Courts and Tribunals that, where appropriate, provide for the applicable legal regulations regarding competent jurisdiction, which, in the case of final consumers, shall be the place of fulfillment of the obligation or the consumer's domicile.

In the event that the Client is a company, both parties shall submit, with express waiver of any other jurisdiction, to the Courts and Tribunals of Barcelona.

Creation date: April 17, 2024