TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
By accessing and using this WEBSITE https://www.fincacarrizal.com, the USER must comply with and be subject to these Terms and Conditions of Use. If you do not agree with any of the Terms and Conditions of Use, you must not use the WEBSITE.
Any person who wishes to access, browse, or make purchases on the WEBSITE https://www.fincacarrizal.com expressly declares to have read and accepted these Terms and Conditions of Use, along with all other policies and principles that govern the WEBSITE https://www.fincacarrizal.com and are incorporated into this agreement by reference. For the purposes of these Terms and Conditions of Use, the following clauses, statements, and concepts are developed and defined below:
I. DEFINITIONS
For the purposes of the following Terms and Conditions of Use, the following definitions will be used, regardless of whether they are used in singular or plural form:
WEBSITE: The term “WEBSITE” is used in these Terms and Conditions of Use to refer to our website https://www.fincacarrizal.com, including all its subdomains, pages, content, functionalities, and services offered through it. The WEBSITE’s main purpose is to provide information, promote, and sell products to interested customers. By accessing and using the WEBSITE, the USER agrees to comply with the Terms and Conditions of Use, as well as with all applicable policies and rules established therein.
USER: Refers to any individual of legal age who accesses this WEBSITE to browse the site and/or create an account for registration and/or make a purchase. It is presumed that the USER has sufficient mental and legal capacity to acquire PRODUCTS through payment by bank transfer, credit card, or debit card.
PRODUCT: Anything physical/tangible that is commercialized within the WEBSITE.
ORDER NUMBER: The numbering that will be used to control the PRODUCTS purchased by the USER on the WEBSITE.
REGISTRATION ACCOUNT: Registration on https://www.fincacarrizal.com is free. The USER must be at least eighteen (18) years old to accept and establish these binding Terms and Conditions of Use in their name, through a registration account where personal data will be entered, thus gaining access to the WEBSITE. If the USER is under 18 years old, they require the consent of their mother, father, or legal guardians to register and/or have their data processed. If the USER is over 18 years old, they can give their own consent. It is advised that the USER should not publish or communicate data, information, or photos of their friends and/or surroundings.
COMPANY: The owner of the WEBSITE and the PRODUCTS. The WEBSITE https://www.fincacarrizal.com is owned by Tropinatura de Costa Rica Sociedad Anónima, a legally established company in accordance with the laws of the Republic of Costa Rica known commercially as FINCA CARRIZAL, with legal entity ID number 3-101-337066, located 500 meters Northwest of the Colegio Técnico Profesional de Carrizal in town Carrizal of Alajuela, Alajuela, hereinafter also referred to as the “COMPANY”. If the USER wants to contact the COMPANY, they can do so: a) by postal mail, to the address indicated above, b) by email to the address [email protected], c) through any of the contact options in the help section on the WEBSITE.
II. HOLDER’S INFORMATION
As mentioned above, the WEBSITE https://www.fincacarrizal.com is owned by Tropinatura de Costa Rica Sociedad Anónima, a company existing under the laws of the Republic of Costa Rica, with legal entity identification number 3-101-337066, located 500 meters Northwest of Colegio Técnico Profesional de Carrizal in the town Carrizal of Alajuela, Alajuela, hereinafter also referred to as the “COMPANY”. If you wish to contact the COMPANY, you can do so: a) by postal mail, at the address indicated above, b) by email at [email protected], c) through any of the contact options in the help section on the WEBSITE.
III. PURPOSE OF THE WEBSITE
The purpose of this WEBSITE is to promote and sell products, services, and general information about the COMPANY as a provider of products under the brand name FINCA CARRIZAL. The main product will be roasted and packaged coffee, but the COMPANY may also sell other products. Additionally, the COMPANY may market products or services from other brands. The COMPANY reserves the right to modify the information, products offered, design, presentation, content/information, and configuration of the WEBSITE at any time and without prior notice to USERS.
IV. USE OF THE WEBSITE
The COMPANY reserves the right to interrupt access to the WEBSITE at any time and without prior notice, as well as to interrupt the provision of any or all services and products provided through it, whether for technical, security, maintenance, power supply failures, or any other reason. Such interruption may be temporary or permanent. The use of the WEBSITE by the USER is done at their own risk. To make purchases on the COMPANY’s WEBSITE, the USER must provide all the requested information. All information provided during the purchase process must be accurate, up-to-date, and complete.
In general, the USER undertakes to comply with these Terms and Conditions of Use, as well as to always act in accordance with the law, good customs, and the requirements of good faith. The USER must exercise the diligence appropriate to the nature of the service and the products offered by the WEBSITE, refraining from using https://www.fincacarrizal.com in any way that may prevent, damage, or deteriorate its normal functioning, as well as the assets or rights of the COMPANY, other USERS, or, in general, any third party.
In particular, and without implying any restriction to the obligation assumed by the USER in accordance with the previous section, the USER undertakes, when using the Website, to: (i) Not introduce, store, or disseminate in or from the WEBSITE any information or material that is defamatory, injurious, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion, or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties, or, in general, current regulations; (ii) Not introduce, store, or disseminate through the WEBSITE any computer program, data, virus, code, hardware or telecommunications equipment, or any other electronic or physical instrument or device that is capable of causing damage to the WEBSITE, to any of the services, or to any of the equipment, systems, or networks of the COMPANY, any USER, or, in general, any third party, and/or that is capable of altering them or impeding their normal functioning in any other way; (iii) Properly safeguard the “Username” and “Password” provided by the COMPANY, as identifying and enabling elements for access to the various services offered on the WEBSITE, undertaking not to transfer their use or allow third-party access to them, assuming responsibility for any damages and losses that may arise from their misuse; (iv) Not destroy, alter, use for their own purposes, disable, or damage the data, information, programs, or electronic documents of the COMPANY, its USERS, or third parties; (v) The COMPANY reserves the right to remove any comments and contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, that endanger youth or childhood, public order, or public safety or that, in its judgment, are not suitable for publication. In any case, the COMPANY shall not be responsible for the opinions expressed by USERS through forums, chats, or other participation tools; (vi) The COMPANY may, at any time and without prior notice, modify the content of the WEBSITE, as well as the Terms and Conditions of Use.
V. HANDLING OF PERSONAL DATA
In compliance with the law, specifically in accordance with Law No. 8968 on the Protection of Individuals with Regard to the Processing of Their Personal Data and its respective regulations, we inform you that the personal data you may provide us during your navigation on our WEBSITE, will become part of a database owned by the COMPANY.
The USER, freely, voluntarily, unequivocally, and informed, grants their consent, formal and express, that their personal data provided through the WEBSITE https://www.fincacarrizal.com will be: (i) Incorporated into the COMPANY’s databases and authorizes the COMPANY to process such data regarding storage, collection, registration, organization, extraction, consultation, preservation, modification, and use of my personal data, which may be sensitive or non-sensitive, that identify me and make me identifiable; (ii) Used for communication and disclosure of information about the COMPANY and its products or services, for the offering of services and promotions, by any means of communication, including SMS, fax, email, and other media. Additionally, the USER authorizes the use and processing of the data by the COMPANY for the aforementioned purposes, which may transfer them under the security measures and conditions stipulated by the Law to internal personnel of the Company for these same purposes, and (iii) The COMPANY is authorized to transfer, assign, and transfer to third parties related or unrelated to the COMPANY my personal data, which may be sensitive or non-sensitive, that identify me and make me identifiable contained in the COMPANY’s databases, all of the above for lawful purposes permitted by Costa Rican legislation and under applicable security measures.
The COMPANY undertakes to fulfill the duty of secrecy regarding the USER’s personal data, treating the data with confidentiality and solely for the purpose of informing the general public and promoting its products and activities, and to comply with the duty to establish appropriate security measures to prevent their loss and any unauthorized access.
If you wish to unsubscribe as a registered USER or if you wish to exercise your rights of access, rectification, or cancellation, including any other rights established by current legislation, you can do so by sending a written request to the COMPANY at the email address [email protected].
The COMPANY will cancel, erase, and/or block the data when they are inaccurate, incomplete, or are no longer necessary or relevant for their purpose, in accordance with the provisions of data protection legislation. In the data collection forms, fields marked with an asterisk (*) are mandatory, so if the USER does not provide the corresponding data, the COMPANY may deny the corresponding product or service.
The COMPANY is committed to using the data, respecting their confidentiality, and using them in accordance with the aforementioned purpose, as well as fulfilling its obligation to safeguard and adapt all security measures to prevent alteration, loss, processing, or unauthorized access to personal data, taking into account the state of technology at all times. However, security measures on the Internet are not impregnable, and there may be breaches due to fraudulent actions by third parties.
In the event that the provided data are associated with a purchase, the law obliges us to keep them blocked for a certain period, at least for four or five years, at the disposal of various public administration bodies or to comply with legal obligations. Only data that is not relevant to fulfilling that purpose may be deleted or rectified.
VI. PURCHASE OF PRODUCTS AND PAYMENTS
Orders are subject to availability. We reserve the right to refuse or cancel any order at any time. The price of the products is displayed on the WEBSITE and is subject to change without prior notice. Payments will be made through the accepted payment methods on the COMPANY’s WEBSITE. All payments must be made in full prior to the shipment of the order.
The USER acknowledges and agrees that the WEBSITE offers product sales services and that payments are made through secure and reliable payment platforms. The COMPANY is not responsible for any issues, errors, interruptions, or delays that may arise during the payment process, including but not limited to technical problems, system failures, transaction errors, or any other inconvenience related to the payment platform. By making a payment on the WEBSITE, the USER agrees that such a transaction is done at their own risk and responsibility. The COMPANY is not liable for any loss, damage, or financial harm that the USER may suffer as a result of problems or errors in the payment process, including but not limited to incorrect charges, unprocessed refunds, or any other transaction-related issues. We recommend that the USER carefully review the details of their order and payment information before finalizing the transaction. In case of any problem or dispute related to the payment, we recommend contacting the payment platform provider directly or the USER’s financial institution. By using the WEBSITE and making a payment, the USER releases the COMPANY and its employees, representatives, and affiliates from any liability for any financial loss or damage that the USER may suffer as a result of a payment transaction.
VII. SHIPPING AND DELIVERY
We ship to the locations specified on the COMPANY’s WEBSITE. Delivery times may vary depending on the location and other external factors. The COMPANY is not responsible for delivery delays caused by events beyond its control. The COMPANY strives to collaborate with reliable and professional shipping services to ensure successful delivery. However, we are not liable for any delays, losses, damages, or theft that may occur during the delivery process. By making a purchase on the WEBSITE, the USER agrees that the responsibility for the products transfers to the USER once they are delivered to the designated transportation or courier company. We recommend that the USER inspect the package at the time of delivery and immediately notify the carrier of any damage or discrepancies. If the package shows obvious signs of damage, we recommend that the USER reject it and inform us so that we can take necessary actions. The COMPANY is not responsible for issues caused by incorrect or incomplete delivery information provided by the customer. In case of any problems or claims related to the delivery, the USER should directly contact the transportation or courier company to seek a solution. The USER may also contact the COMPANY at [email protected] for additional support and guidance regarding the specific case or situation. By using the WEBSITE and making a purchase, the USER releases the COMPANY and its employees, representatives, and affiliates from any liability for any loss, damage, or inconvenience that the USER may experience as a result of problems during the delivery process.
VIII. RETURNS AND REFUNDS
If the USER or customer is not satisfied with their order, they have a period of 15 (fifteen) days from the delivery date to contact us and request a return or refund. The returned products must be in their original and unopened condition, retaining their original sealed packaging and all labels and accessories. The COMPANY reserves the right to inspect and assess the condition of the returned products before proceeding with any refund or exchange.
Upon receiving the return and verifying the product’s condition, the COMPANY will process the return, offering the customer the option of a refund, a credit voucher for the value of the goods for future purchases in our online store, or an exchange for another item of equal value. It is important to note that returns of perishable and damaged products are not accepted. In the event that a product is returned without meeting the conditions outlined in this clause, we reserve the right to reject the return.
The COMPANY will process the return of any item within the specified period, except for gift cards, damaged items, opened coffee bags, or used items, as well as those without their respective labels and in their original packaging. Due to the high turnover of our products, it may not always be possible to exchange for an identical item. Any return is subject to our approval, and we reserve the right to modify our return policies at any time as needed.
(A) In-store Return: The customer must present the product with labels and in its original packaging, sealed and in perfect unused condition, along with the online purchase receipt. Our staff will inspect the product, and if applicable, the customer can choose from the following options: the same item (subject to availability), a different item of the same value, a credit voucher for the value of the goods valid for 30 days, or a refund of the product amount.
(B) Home Return: The customer must contact our customer service team via [email protected]. Our team will coordinate the collection of the package with the courier. Once the product is received at our distribution center and its condition is verified, if applicable, the customer can choose from the following options: the same item (subject to availability), a different item of the same value, a credit voucher for the value of the goods valid for 30 days, or a refund for the product amount. It is essential to emphasize that when processing a refund via a credit card, the responsibility lies with the issuing bank to process and make the refund to the customer. Once the refund has been requested by the COMPANY, it no longer assumes any responsibility in the process, as the execution and processing time depend on the internal procedures of the issuing bank.
(C) Money Refund (Visa, Mastercard, American Express, Bank Transfer, and SINPE Móvil): Once the complaint about the product has been evaluated, and if the customer opts for a total refund, it will be made using the same payment method used when placing the order, whether credit card, bank transfer, or SINPE Móvil. Depending on the selected payment method, the reimbursement may be reflected in the customer’s statement within an estimated period of up to 30 business days from the processing date. It is essential to consider that the exact processing time of the refund is subject to the policies and procedures of the banking institution and not the COMPANY. After the COMPANY has completed the refund to the USER, it is crucial to note that the responsibility for ensuring the receipt of funds by the USER rests solely with the banking institution. The COMPANY assumes no additional responsibility once the refund process is completed.
(D) Items that cannot be exchanged or returned: Changes or returns of gift cards or items that have been used, opened, altered, damaged, or that do not have their labels and original packaging will not be accepted, as established in our return policy.
IX. LIMITATION OF LIABILITY
The COMPANY is not responsible for any direct, indirect, incidental, special, or consequential damages that may arise from the use of the COMPANY’s WEBSITE or the purchase of any products available on the WEBSITE.
The COMPANY is not liable for any damages, injuries, losses, or claims that may arise from the use or consumption of any products. The COMPANY’s products are sold “as is,” and we do not provide any express or implied warranties regarding their quality, suitability for a particular purpose, or compliance with local laws and regulations. The information provided on the COMPANY’s WEBSITE about the products is for informational purposes only and should not be considered professional or medical advice. It is the customer’s responsibility to read and follow the instructions for proper and safe use, storage, and preparation of the products.
X. INFORMATION DISCLAIMER
The information provided on the COMPANY’s WEBSITE, including product descriptions, usage instructions, and any other related information, is presented for informational purposes only. The COMPANY aims to provide accurate and up-to-date descriptions of its products but cannot guarantee that such information is complete, accurate, or free from errors. If the received products do not match the descriptions provided on the COMPANY’s WEBSITE, the COMPANY will not be held responsible for such discrepancies. The USER understands and accepts that there may be variations in the products, including differences in appearance, taste, aroma, and other attributes, due to factors such as harvest, roasting process, and the natural characteristics of coffee beans. It is the USER’s responsibility to carefully review the description and specifications of the products before making a purchase. If the USER has any questions or concerns about a product, we recommend contacting our customer service team for more information before making the purchase. The COMPANY reserves the right to make changes to the information on the WEBSITE, including product descriptions and prices, at any time and without prior notice.
The COMPANY understands that the taste of coffee can be subjective and may vary based on individual preferences. Although the COMPANY strives to provide accurate flavor descriptions of the products, we cannot guarantee that the purchased coffee will taste exactly as described on the WEBSITE. Each batch of coffee can have unique characteristics and may experience variations in taste due to factors such as climate, growing conditions, the roasting process, and coffee preparation. Therefore, the COMPANY disclaims all liability if the taste of the received coffee does not meet the individual expectations of the USER or does not match the descriptions provided on the WEBSITE. The COMPANY recommends that USERS carefully read the flavor descriptions provided on the WEBSITE and make a purchasing decision based on their personal preferences. If the USER has any questions or concerns about the taste of coffee before making a purchase, the COMPANY recommends contacting the customer service team for more information and advice on [email protected]. The COMPANY strives to provide a satisfying coffee experience to USERS and is available to provide assistance in case of any issues or inquiries related to the different products.
XI. DISCLAIMER OF HEALTH EFFECTS
The roasted and packaged coffee products sold on the WEBSITE are solely intended for gastronomic enjoyment and personal use, and are not intended to provide medical or health advice. The COMPANY is not responsible for any effects that the consumption of coffee products may have on health, including but not limited to any allergic reaction, food intolerance, sensitivity, or any other pre-existing health condition. The COMPANY recommends that USERS consult a qualified healthcare professional if they have any concerns or health conditions that may be affected by coffee consumption. By making a purchase on the COMPANY’s WEBSITE, the USER acknowledges that the consumption of coffee products is solely the responsibility of the USER, and releases the COMPANY and its employees, representatives, and affiliates from any liability for any health effects related to the consumption of the COMPANY’s products.
XII. DATA COLLECTION FORMS
The use of certain services or requests to the COMPANY may require prior completion of the corresponding USER registration through forms. All information provided by the USER through the forms on the WEBSITE for the aforementioned purposes or any other purposes must be truthful. In this regard, the USER guarantees the authenticity of all data communicated and will keep the provided information up to date, being responsible for any false or inaccurate information provided and the damages caused to the COMPANY.
In the data collection forms, fields marked with an asterisk (*) are mandatory, so in the event that the USER does not provide the corresponding data, the COMPANY may deny the corresponding service or product.
XIII. USE OF COOKIES
The COMPANY may use cookies during the provision of the WEBSITE service. Cookies are automatic procedures for collecting personal information related to the preferences determined by a USER during their visit to a particular website. This information is recorded in files that are hosted on the USER’s own device and uniquely associated with this device. Each time the USER accesses the corresponding WEBSITE, these files are automatically activated, configuring the WEBSITE with the preferences indicated in previous visits. Cookies cannot read other cookies created by other providers.
The USER has the possibility to configure their browser program to prevent the creation of cookies or to be alerted when this occurs. The WEBSITE is accessible without the need for cookie options to be activated; however, they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require enhanced security. The ultimate purpose of cookies on the WEBSITE is to facilitate USER navigation.
XIV. RESPONSIBILITIES
The COMPANY commits to indicate the price, warranty, availability, and characteristics of each product marketed on the WEBSITE, as well as the Terms and Conditions of Use established, which are considered important and established under the Law 7472 Promotion of Competition and Effective Consumer Defense.
The description, restrictions, conditions, and observations established by the COMPANY for each product are binding on the USER and will be an integral part of these Terms and Conditions of Use.
The COMPANY will establish the following email [email protected] available to the USER, intended to receive inquiries, suggestions, comments, and/or complaints that the USER may have related to the operation and management of the system, in order to optimize its functioning.
To the fullest extent permitted by applicable law, the USER understands and agrees that neither the COMPANY nor any of its subsidiaries or affiliates or third-party content providers will be liable for any direct, indirect, incidental, related to, or resulting from their use or inability to use this WEBSITE or any other site that the USER accessed through a link from this site or any action that the COMPANY takes or fails to take as a result of email messages that the USER sends them. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profit, loss of data, unauthorized access, alteration of transmissions and data, and other tangible and intangible losses.
XV. INTELLECTUAL PROPERTY
The material and content on this WEBSITE, as well as the COMPANY’s trademark, are protected under the current and valid legislation of Costa Rica and international agreements regarding intellectual property rights. The USER acknowledges and expressly agrees that the use of material or content published by the COMPANY is not permitted for commercial purposes or other purposes not described here. Therefore, the USER may not copy, download, trade, modify, publish, distribute, create works, or derive any other benefit without the prior written authorization of the COMPANY.
XVI. MODIFICATIONS
The COMPANY may make edits and improvements it deems appropriate, without the need to notify the USER, make corrections, additions, improvements, or modifications to these Terms and Conditions of Use. Such modifications and/or adaptations will be applicable to the USER from the moment of their publication on the COMPANY’s WEBSITE. It is the USER’s responsibility to periodically review the TERMS AND CONDITIONS OF USE of the COMPANY, accessible on this same WEBSITE, in order to stay informed of such updates.
XVII. JURISDICTION AND APPLICABLE LAW
The applicable law in the event of a dispute or conflict of interpretation of the terms of these conditions of use, as well as any matter related to the services of this site, shall be the law of the Republic of Costa Rica. The courts of Costa Rica shall have exclusive jurisdiction over any claim arising out of or relating to a visit to our website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.