TERMS AND CONDITIONS

Safety Policies: This document contains the Terms and Conditions Agreement that is applicable to all natural and legal persons, foreign or nationals, who access, use and subscribe to the services provided by Minerva Products Cia. Ltda. (Minerva Coffee from now on) through its website www.cafeminerva.com.ec.

Christmas Season Conditions: On Christmas season, we guarantee the delivery of orders on time until December 19th, after that date, we cannot guarantee orders will arrive before 24th due to the high volume of orders generated.

General Conditions: All use, access or transactions of the USERS on the WEB PAGE, generate legal obligations for the services provided by Minerva Coffee, and they are governed by the POLICIES. In case there are SPECIAL TERMS AND CONDITIONS for the acquisition of a PRODUCT, whether they are determined by Minerva Coffee or the SUPPLIER, will appear on the WEB PAGE or a link for the effect, and they will prevail over the POLICIES set forth herein. The USER expressly accepts the TERMS AND CONDITIONS at the moment of creating the PROFILE in the WEB PAGE or before making any PURCHASE.

Capacity to contract: The services provided by Minerva Coffee through the WEB PAGE must be used exclusively by persons with legal capacity to contract, be bound and comply with the POLICIES. The use of such services by persons who do not have this capacity will be the sole responsibility of their parents, representatives, guardians or tutors.

Profile Creation: The USER must complete correctly the information of all mandatory fields established by Minerva Coffee, not only in the PROFILE, but also in any other field Minerva Coffee requires so that the USER can make a PURCHASE. All information entered by the USER must be accurate and true, and may be verified by Minerva Coffee at any time. Minerva Coffee can request the update of the PROFILE, when it considers it convenient. The USER, who has successfully created the PROFILE, may be authorized and may access the services provided by Minerva Coffee on the WEB PAGE from that moment on. In case Minerva Coffee has indications that suggest that the PROFILE of a USER is not true or accurate, it may be able to eliminate the PROFILE due to violation of the TERMS AND CONDITIONS. All actions taken from a PROFILE are the sole responsibility of the USER. If the USER gives an incorrect use to his PROFILE, which may affect Minerva Coffee or third parties, Minerva Coffee may suspend or close the PROFILE, without prejudice to the initiation of respective legal actions against the USER.

Modification to the terms and conditions: The TERMS AND CONDITIONS may be updated or modified by Minerva Coffee at any time. In the event that the TERMS AND CONDITIONS are updated or modified, Minerva Coffee shall inform about it through a general notice on the WEB PAGE; whereby the USER, when accessing and using the WEBSITE, accepts TERMS AND CONDITIONS in effect at that date.

Use of the web page and payment methods: the USER will be able to access and make PURCHASES on the Website once he has done what was established in item c of this document, in accordance with the TERMS AND CONDITIONS in force at the date of the PURCHASE. At the moment of paying for a PRODUCT, so that it is sent to the user, Minerva Coffee will request the necessary information to comply with the shipment of the PRODUCT, and it will put to the USER’S consideration the methods of payment available for the PURCHASE. For the USER’S safety, Minerva Coffee requires the credit or debit card information for each PURCHASE, and does not store this kind of USER information; consequently, it is not responsible for any violation or infringement of the USER’S information by third-parties. In case the USER has not ordered a PRODUCT and the Financial Institution has authorized the purchase, the USER must immediately notify Minerva Coffee not to deliver the PRODUCT. If the PURCHASE was already paid by credit or debit card and Minerva Coffee was not notified of any irregularity in the use of said payment mean, Minerva Coffee will deliver the PRODUCT and will not be responsible for the misuse of the payment mean.

“CLICKWRAP” Contract, product availability and price: At the moment of ordering a PRODUCT, the USER will accept the TERMS AND CONDITIONS by clicking on the “I agree” button. Therefore, it is an Agreement of Accession, where the TERMS AND CONDITIONS are accepted by the USER when clicking. Once the USER has accepted the TERMS AND CONDITIONS and confirmed the PURCHASE, he will not be able to modify it, and must wait for the confirmation email of purchase from Minerva Coffee, which will contain information related to the delivery of the PRODUCT. The USER declares that the information provided in his PROFILE and the additional data requested for the specific PURCHASE are true. In case of detection, Minerva Coffee may inform the User on inconsistent, incorrect or insufficient data, notify the USER of it, so that the USER can make the corresponding correction or inclusion. Any modification to the PURCHASE order or to the USER information could affect the availability of the PRODUCT or the impossibility of delivery; therefore, the PURCHASE can be canceled by Minerva Coffee, who will immediately notify the USER and will reimburse the price paid, if it is the case. As a general rule, the price of the product will be shown on the WEBSITE. Nevertheless, there may be modifications to this price, due to involuntary errors or failure to update the price list by the SUPPLIER. In such cases, Minerva Coffee will immediately notify the USER of the price variation, so the USER may decide whether to accept the PRODUCT at the correct price or to cancel the order. In the case that a USER buys a product from Minerva Coffee and that product is not available in stock, Minerva Coffee will return 100% of the amount deposited by the USER.

Promotions and use of coupons: Minerva Coffee can make promotions on PRODUCTS, including the issuance of coupons. The promotions will be published in the WEB PAGE, sent to the USER by email or advertised on means or channels other than the WEB PAGE. All promotions or coupons must meet the following requirements:

  1. Contain a code generated by Minerva Coffee.
  2. Enter the code within the period of validity of the promotion.
  3. Specific conditions of each promotion may be applied.
  4. It will not be applied with other promotions or discounts.
  5. It will be neither applied, nor accumulated with other coupons.

Product delivery: The conditions of delivery of the PRODUCT to the USER will depend on the ones the USER has chosen when making the PURCHASE and that the delivery information provided by the USER is correct. The deadline for delivery of the PRODUCT will run from the moment of receipt of the confirmation email sent by Minerva Coffee to the USER of the purchase made. In this email will be informed about the maximum delivery time. Some PRODUCTS, due to their characteristics, may not be available for certain regions of Ecuador, in which case, Minerva Coffee reserves the right to cancel the PURCHASE and reimburse the USER for the price paid. If the USER is not located at the place of delivery of the PRODUCT, the delivery service chosen by Minerva Coffee will return the PRODUCT to it; thus, Minerva Coffee will send a notification to the USER of the impossibility of delivery. In that case, Minerva Coffee will dispatch the PRODUCT again within the following 72 hours. In case the recipient is not found for the second time, the PRODUCT will be sent to the Minerva Coffee offices, where the USER must withdraw or cover additional costs for a third shipment. In case the USER does not withdraw the product or request a third shipment within 3 days of the second return of the product, Minerva Coffee may cancel the PURCHASE made by the USER, refunding the price paid, with the respective deductions for the use of the warehouse and the shipping costs.

Product returns: Minerva Coffee and SUPPLIERS allow USERS to return the products purchased, for which they must notify Minerva Coffee within a maximum of 3 days from receipt of the PRODUCT, expressing their intention to return the PRODUCT specifying the reason for the return. If the PRODUCT is found to have a factory defect (package damage) or if the USER chose the wrong product (the reason of discomfort must be clear). The delivery of the new PRODUCT will be subject to the availability of the same; therefore, Minerva Coffee may notify the USER if the PRODUCT is not available and will reimburse the price paid by the USER. In order to authorize the return of the PRODUCT to the USER, the purchased PRODUCT must meet the following minimum requirements. In some cases, depending on the nature of the PRODUCT, there may be other requirements for returns, which will be published on the WEBSITE next to the PRODUCT. The PRODUCT must be in the same conditions in which it was delivered to the USER. The damages or defects in the PRODUCT must not have been caused by action or omission of the USER. The PRODUCT must be returned with all packaging, wrappings, invoices, manuals, instructions, warranty certificates (if applicable), with which it was delivered to the USER. The PRODUCT should not have been used, unless at the time of using it following the specifications and instructions of the PRODUCT it had not worked correctly due to a defect in its manufacture. If the return of the PRODUCT was requested by the USER within the deadline for returns, (3 working days from receipt of the order), in order to accelerate the return, reimburse or re-dispatch process, the client may go to the courier agency assigned by the customer service, which will be the closest to the delivery address of the client. The delivery service will verify that the PRODUCT is in the same packaging or wrapping in which it was delivered to the USER, otherwise it will not accept the return of the PRODUCT and will notify Minerva Coffee. Once receipt of the returned PRODUCT, Minerva Coffee will verify compliance with the general and specific conditions of returns and will process the return with the SUPPLIER for the replacement of the PRODUCT or the refund of the price paid by the USER, in accordance with what is established in this document.

REFUND OF PRODUCT RETURN: In cases where the return of the PRODUCT complies with the established, Minerva Coffee will proceed with the refund of the payment made. In case of not indicating an account or that it is not valid, the money will be available for the withdrawal by the USER in the main office of Minerva Coffee. In case the payment has been made with a credit or debit card, the money will be refunded on the card within 10 days after the acceptance of return by Minerva Coffee. This term may vary and be subject to certain conditions of the issuer of the card. The USER may choose as a method of reimbursement the issuance of a Minerva Coffee voucher for the same value of the PRODUCT that had been purchased. That voucher may be used in the purchase of any other additional PRODUCT.

Product warranty: The USER who has problems with the PRODUCTS purchased on the WEB PAGE, may request to Minerva Coffee the contact of the SUPPLIER to solve the problems in the PRODUCT. The Warranty Terms will be issued by the SUPPLIER and stated next to the PRODUCT.

Applicable Legislation: The TERMS AND CONDITIONS will be governed by the laws of Ecuador.

Territory: The TERMS AND CONDITIONS and the services offered by Minerva Coffee are applicable exclusively in the Ecuadorian territory.

Arbitral Clause: The PARTIES agree that, should any dispute, controversy or claim arising out of or relating to the conclusion, validity, execution or termination of this Agreement (identified as a "DISPUTE") arise between them, the PARTIES shall endeavor to resolve the DISPUTE amicably through consultations and informal negotiations for a period of fifteen(15) days. If within the indicated period of fifteen (15) days or any extension thereof that the PARTIES agree in writing within the indicated process of consultations and negotiations, the PARTIES cannot resolve the CONTROVERSY by mutual agreement between them, they agree that any of them may submit the CONTROVERSY to an Arbitral Tribunal ("Arbitral Tribunal") constituted subject to the provisions of this Clause, which shall be the sole and exclusive forum competent for the resolution of the DISPUTES. Therefore, in any arbitration proceeding initiated under this Agreement or in any proceeding for the recognition or enforcement of an arbitration award issued pursuant to this Agreement, the PARTIES may not plead in defense of the lack of jurisdiction of the arbitral tribunal or relevant forum, questioning the exclusive and excluding jurisdiction of the arbitral tribunal or relevant forum for the settlement of DISPUTES or the execution of arbitral awards. The arbitration will be processed according to the following stipulations agreed in this Clause: The Arbitral Tribunal shall consist of three arbitrators. Each PARTY shall appoint an arbitrator by written communication addressed to the Director of the Center up to five days after the signing of the Act certifying the partial or total impossibility of mediation - notwithstanding doing so at the time of the request, or in answering the application, as the case may be; the two arbitrators so designated shall in turn designate the third party, who shall preside over the Tribunal. In the event that within the aforementioned period, one of the parties fails to appoint an arbitrator, the Director of the Center shall proceed to the designation of that arbitrator by drawing lots from the list of arbitrators of the Center. The two arbitrators appointed, either by the parties or by lot in the aforementioned case, shall designate the third party, as stipulated above. Once the second arbitrator has been possessed, and as of that date, the arbitrators will have ten days to designate the third arbitrator; if they cannot agree on this deadline, the Director of the Center will proceed to make the designation by lot, in the aforementioned way. If neither party designates arbitrators, the Director of the Center shall proceed to join the Tribunal in accordance with the rules of the Center. If neither party designates its arbitrator or proposes objections within the time limit indicated above, it shall be understood that it waives its right to the designation or objection, as the case may be, but it shall retain the right to challenge the designations made for the causes of Excuse or challenge provided for by law. The Arbitral Tribunal will make arbitration in Law and is empowered to adopt the necessary measures, including orders directed to the Public Force, without any need to resort to any judge. The arbitration procedure shall be confidential; the place of arbitration shall be at the premises of the Arbitration and Mediation Center of the Chamber of Commerce of Quito. The nullity of the Convention or any of its clauses shall not affect the validity of this arbitration clause. In what is not previously foreseen, the rules of the Arbitration and Mediation Law and the rules issued by the Center will be applied.

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