1. Commercial policy
1.1. The “Vendor” Stanislav Benderschi, Unipessoal, Lda (Fábrica)) has products for sale on fabricacoffeeroasters.com, and the “e-commerce” services are available exclusively to end-users / “consumers”.
1.2. The “Consumer” is an individual who acts/purchases outside their business or profession. If you are not a “consumer” we ask you not to make purchases on the fabricacoffeeroasters.com online sales site.
1.3. Stanislav Benderschi, Unipessoal, Lda reserves the right not to process orders received from users who are not “Consumers” or those who are not as per the general conditions of sale of the Vendor Stanislav Benderschi, Unipessoal, Lda.
1.4. These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed at fabricacoffeeroasters.com between the Fábrica Online Shop (www.fabricacoffeeroasters.com) consumers and the vendor.
1.5. The “Consumer” must give the “Vendor” an email address or the details of another form of contact that are correct and complete and accept that the Vendor can contact them using these details if necessary.
2. How to order
2.1. To order on fabricacoffeeroasters.com you have to have an email account and ensure your browser is configured to accept cookies and pop-ups, to enjoy all the Browsing Conditions of the Fábrica Online Shop.
2.2. Ordering from the Fábrica Online Shop is easy:
- Find the products you want to buy;
- Add the selected products to your cart;
- Finalise the purchase;
- Select the payment option;
- Review your order;
- Proceed to payment and confirm the order;
- You will receive an order confirmation by email.
2.3. Your order is confirmed when you select the “Confirm Payment” (Checkout) button at the end of the purchase process.
2.4. When Fábrica receives your order, a message will appear on the screen with your order number and all your order details. The purchase agreement is finalised at that time.
2.5. An order confirmation is sent to your email address. We suggest you print it out or download a copy for future reference.
2.6. We reserve the right not to accept your order, or to cancel it even after automatic confirmation.
2.8. The vendor may not process orders that do not have guaranteed payment; when orders are incomplete or incorrect, or if the ordered products are no longer available. In such cases, we will inform you by email that the sales contract has not been made and that we have not proceeded with the sale, specifying the reasons.
2.9. If the products presented in the online shop (fabricacoffeeroasters.com) are no longer available at the time of your last access or when we receive the order, we must inform you of their unavailability within 30 days after receipt of the order.
2.10. If an order has been placed and payment has been made for products that are no longer available, we will repay the money for the unavailable items.
2.11. Right not to accept the order or cancel the purchase
Fábrica reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), (among others) in the following situations, without liability for any damages or costs:
- The product is no longer available / in stock (payments will be returned);
- The billing information is not correct or cannot be checked;
- The order is flagged by our Security Systems as an incorrect order or is susceptible to fraud;
- We have not received a payment transfer for your order within 5 days of accepting your order;
- If we believe you are under 16 years of age;
- If we believe you are a reseller;
- It is not possible to deliver to the address provided.
2.12. Data verification
After receiving the order, we may run some checks on it before we prepare it.
These checks can include address verification, credibility and fraud verification. Regarding fraud verification, we perform partially automated checks on all orders to filter unusual, suspicious or transactions identified as susceptible to fraud. Suspicions of fraud will be investigated and, if necessary, prosecuted. By confirming your request, you agree to these conditions.
3. Warranties and Indication of Product Price
3.1. Methods of Payment
You can find the available payment methods in the site’s Help/FAQs section. We do not accept any other payment methods than those mentioned. Please do not attempt to pay by any means other than those specified. If you do, we cannot be held liable for the loss of payment or any other damage that may result.
3.2. Payment processing
If you pay by Credit Card, we will deduct the amount due from your account as soon as your order leaves our warehouse. In the case of Credit Card payment, all details (e.g. card number or expiry date) will be sent by encrypted protocol to the company providing the remote electronic payment services, without third parties being able to access the information.
This information will not be used by Fábrica except to carry out the procedures needed for the purchase or charge back, in case of a return, as per the exercise of the right of return or for reporting fraud cases to the police.
The purchase price of the products and carriage costs, as indicated in the order form, will be charged to the current account when the purchased products are shipped.
4. Order security
4.1. The fabricacoffeeroasters.com store uses one of the most robust security technologies among the encryption platforms available.
4.2. Your payment information is encrypted from the moment you enter until your transaction is processed and is not stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed.
4.3. Fábrica shall not be liable for any damages suffered as a result of the use of electronic means of communication including, but not limited to, recurring damages from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for communications or virus transmissions.
4.4. If you choose to pay by ATM Reference, we begin processing your order once we have received payment. That could take several days. If we have not received any payment three calendar days after the order was placed, Fábrica is entitled to cancel the order.
4.5. Payments can only be processed if the information to be used for invoicing can be checked.
5. Reservation of ownership
5.1. Fábrica owns the company’s products until it has received full payment for all these products.
6.1. The prices of the products displayed on the site include Value Added Tax (VAT). Shipping fees are applied per order. The exact price of the shipping fee depends on where your order is to be delivered. For additional information on shipping fees by country please refer to the Help/FAQs section of the website.
6.2. All prices are quoted in euros. Please note that changing the country of delivery may influence prices due to shipping costs.
6.3. Your total price
The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.
6.3. Price changes
The prices of the products presented on the site are subject to change. Fábrica reserves the right to change prices without prior notice. The prices shown at the time of purchase are the prices applied to that purchase.
6.5. Price errors
Please note that even though the website is updated with extreme care, the price information on the website may contain errors. Fábrica is not bound to the offer and reserves the right to cancel your order should such an error occur.
7. Quality and warranty
7.1. Fábrica does not sell products that are defective or of substandard quality. The main features and ingredients of each product shown on fabricacoffeeroasters.com can be found on each respective product page.
7.2. The products offered for sale at fabricacoffeeroasters.com may not exactly match the actual appearance in terms of image and colour, due to the Internet browser and monitor used.
7.3. If you return purchased products, Fábrica has the right not to accept the return of hygiene products that are returned without the protective sheet or that have been altered from their original condition or damaged.
8. Shipping and delivery
8.1. Delivery: where and when
We deliver the products Monday to Friday between 9 am and 6 pm. We do not ship on certain holidays. We can only deliver an order if the delivery address is a home or office located in one of the countries mentioned in the list of countries available in the Delivery menu.
You must ensure that someone is at the address to receive the order. This service does not include a scheduling or appointment option, so the delivery of the order will be made without prior contact by the carrier. We do not guarantee this delivery period in periods of promotions, sales, Christmas, periods of epidemic or if we are out of stock.
A delivery is considered to have been made or a product is considered to have been delivered with the signature of the delivery receipt at the agreed address.
8.2. Delivery Deadlines
If you confirm your order on a working day until 12:00 noon and pay by Credit Card or via PayPal, your order will be shipped the next working day (weekends and holidays are not considered working days), with a delivery time of 24 hours from the moment the order is shipped. If you choose to pay by ATM reference, the delivery is slower, since we only ship after we receive the payment. This can take between 5 and 7 days.
Fábrica shall not be liable for failure to perform or delay in performing, any obligation that is due to an event of force majeure, i.e. an event, act or omission, beyond Fábrica’s reasonable control (Force Majeure Event – comprising any event, act or omission, beyond Fábrica’s reasonable control).
We attempt to deliver on time, to the extent that this is commercially reasonable. As a rule, we always proceed in this way, however, we cannot guarantee timely delivery.
8.3. Partial deliveries
Whenever possible we try to deliver everything in one shipment. However, we reserve the right to split the delivery of the order, for example (but not limited to) if a part of the order is late or not available. If we split the order, the customer will be notified by email of our intention to do so. The email address the customer provided at the time of purchase will be used for this purpose.
8.4. Inspection at time of delivery
The customer must inspect the packaging for possible damage when it is delivered. If the customer finds that the products are damaged, they must not accept the delivery of the order, which will be returned. Fábrica will refund the amounts paid for the order and transport as soon as the warehouse receives the items and completes the return process.
Any claim for non-receipt of the order must be made within a maximum of 30 days from the date the order was placed. After this period, Fábrica cannot be held responsible for the loss of the order.
9. Shipping Fees
9.1. Shipping fees are applied per order.The exact price of each shipment depends on the country of delivery. For more details on the shipping price per country, please refer to the Delivery menu on the website.
9.2. Free shipping. If the customer places an order whose value exceeds the minimum order amount set for their country or campaign, the shipment will be free.
10.1. Cancelling the order before shipment
Customers can cancel their order as long as it has not yet been shipped. If you place an order and want to cancel it you should contact our Customer Service and request the cancellation of your order, through the email address firstname.lastname@example.org.
If the cancellation request is successful, you will be notified by email of this decision and the cancellation will be processed at no cost. If the cancellation request is not possible, the products will be sent to the customer who, if they still want to cancel the order, must refuse to receive them. The products will be returned and, upon receipt, the cancellation will be processed.
10.2. Return of defective products
Customers have the right to return delivered products if they are defective or otherwise do not conform to the products that were ordered. The return can be made within 30 days after receipt of the order. This does not affect your statutory rights. If your complaint is justified, the price and shipping costs will be refunded. For more information on how to return and chargeback information, please refer to the Help/FAQs menu on the website.
10.3. Cooling off return of products
If for any reason you are not satisfied with the products you ordered you can return them within 30 calendar days of receipt, provided that:
- The products have not been used;
- The product is unaltered and the packaging is not damaged (carefully opened packaging will not be considered damaged).
10.4. Returning gifts
It is currently not possible for a person who has received a product as a present from another person to return it. In this case, to proceed with the return you must contact the person who bought it, so that they can return it, according to the Return Conditions.
10.5. Exchange of products or sizes
To exchange one item for another or to change sizes, please follow the steps in Returns.
10.6. Return Information
Should the customer wish to return the items, Fábrica will bear the shipping and return costs for all orders.
Refunds will be made based on the payment method. If the customer makes the payment by ATM reference, the customer must give their bank details to our Customer Support when they start the return process. This information is necessary so that we can proceed with the refund of the money to your account. The customer will receive a refund after the product(s) have been returned and processed.
For additional information on the return process and refund times, please refer to the Help/FAQ section of the website. Please read the help instructions in that section and follow the instructions carefully to avoid unnecessary delays.
11. Customer support
11.1. For further information, you can contact the vendor by email to email@example.com or you can call the following number +351 919 476 272. You can also get information in the Help/FAQs menu of the site.
12. Conditions that apply to Promotional Codes (discounts)
12.1. When used according to the rules, a promotional code entitles the user to take advantage of a promotion/discount relating to the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code/promotional campaign.
12.3. The promotional codes can only be used in online purchases made on the site. The sale, exchange or donation of a promotional code is not allowed. Any customer who has a promotional code may not upload it or make it available on any website or other public form of offer, donation, sale or exchange. Promotional codes cannot be used for commercial purposes.
12.3. The promotional code is connected with the Fábrica brand. Promotional codes cannot be used in connection with another brand, company or name. It is also not permitted to use the promotional code in an illegal, abusive or disrespectful manner, nor any other way that could damage Fábrica’s reputation.
12.4. The use of the promotional code is limited to one use per product and order only. Promotional codes cannot be used in conjunction with any other promotions or special offers.
12.5. Promotional codes cannot be exchanged for cash.
12.6. Fábrica has no obligation to re-issue or return promotional codes. However, if Fábrica decides to re-issue or refund a promotional code, it needs to have access to the initial promotional code. You must, therefore, keep a copy of your promotional code, otherwise, it cannot be re-issued or replaced in case of loss.
12.7. In cases where Fábrica re-issues/refunds the promotional code, the discount of this amount may only be applied to a purchase for an amount equal to or greater than the purchase in which the discount/promotional code was issued.
12.8 Notwithstanding any other rights, Fábrica has the right to immediately invalidate the promotional code if it has reason to suspect that a promotional code is being used in breach of the above-mentioned assumptions, by usurpation or in other cases where Fábrica has reason to do so.
13.1. All orders placed on the site are subject to availability. Fábrica tries to ensure that all items offered for sale on the site are in stock. However, Fábrica reserves the right not to accept any orders or cancel orders already confirmed for products that are no longer in stock. In such cases, Fábrica will inform the customer of this fact and refund the amount paid.
14. Secial Offer Validity
14.1. Website offers are valid only for the time they are displayed on the website unless otherwise stated. Fábrica is not bound by any offer if there are errors or misspellings, wrong prices or other errors in the information on the website. Fábrica reserves the right to cancel any purchase and sale made under such errors.
15.1. Fábrica shall only be liable for damages suffered by the Customer if such damages result from violations of Fábrica’s contractual obligations towards the Customer, or if Fábrica’s liability results from the applicable legal law.
15.2. If the Customer has suffered damages related to the website activity, Fábrica’s liability shall be limited to
- Damage to Fábrica products or other materials;
- Reasonable and demonstrable costs incurred by the customer to find the cause and the amount of compensation attributable to the damage;
- The maximum reimbursement of the above-mentioned compensation shall be (if applicable) the price of the products concerned.
15.3. Fábrica shall not be liable for damages suffered by third parties resulting from the use of any of our products. Fábrica shall not be liable for damages suffered by the customer as a result of the improper use of our products.
15.4. Fábrica shall not be liable for damages that are the result of incorrect information on the website.
15.5. If a Customer suffers damages that are the result of gross negligence or wilful misconduct on the part of Fábrica, none of the limitations in this article shall apply.
16. Applicable law
16.1. These general conditions and all disputes arising in connection with these general conditions, including their validity, the use of the site or any purchase therein shall be governed by Portuguese law.
17. Amendment of Terms & Conditions
17.1. Fábrica has the right to change these Terms & Conditions at any time. The user is subject to the principles and the Terms & Conditions in force when the order is placed, except if the law or competent authority imposes any alteration to them.
18. Information on the site
18.1. Although Fábrica works with great care on its website, the information, text, graphics, films, music and/or other services may contain errors or be incomplete or incorrect.
18.2. Fábrica shall not be liable for any damages resulting from the use (or inability to use) the website, including damage caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of wilful misconduct or negligence on the part of Fábrica.
19. Trademarks and website copyrights
19.1. All brand names, product names and titles used on the site are trademarks or registered names of Fábrica or registered trademarks and registered names of other holders.
19.2. The user/customer of the site is not authorised to use or reproduce any such trademarks or registered names as this constitutes a violation of the titleholder’s rights.
19.3. Everything concerning the design, text, documents, films, music and/or other services of the site, the selection and organisation of the site, as well as all software compilation (including applets) and all other materials on the site, are the property of Fábrica and its suppliers.
19.4. Users/customers are only authorised to electronically copy and print portions of the site if this is necessary to place an order on the site or to use the site as a source for purchase.
19.5. Users/customers are not authorised to make any other use of the site or the information and materials contained therein, including reproduction for purposes other than those stated above, modification, distribution, or republication.
20. Alternative dispute resolution
20.1. Alternative dispute resolution is available to all consumers. These are official bodies to help them resolve, or guide, any conflict. The Online Dispute Resolution website is an official website run by the European Commission dedicated to helping consumers and traders resolve their disputes out of court: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
20.2. Clients who are defined as consumers by Law 144/2015 and who have entered into purchase and sale and/or service contracts have the right to resort to official entities to help them in the resolution of any conflict regarding such contracts, without prejudice to resorting to the Courts. The updated list of Alternative Dispute Resolution entities available under article 17 of Law No. 144/2015 of 8 September is available from the Consumer Portal, accessible through consumidor.gov.pt. For more information, you may also consult Law 144/2015. For further information, to settle disputes arising from online purchases, you may use a resolution system, called “ODR Platform – Online Dispute Resolution/ RLL”, created by the EU.
20.3. In any case, you may contact one of the centres below. Alternative dispute resolution entities
- CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
- CIMAAL – Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
- Centro de Arbitragem de Conflitos de Consumo de Lisboa
- Centro de Informação de Consumo e Arbitragem do Porto
- Plataforma Europeia de Resolução de Litígios em linha: