TERMS OF SERVICE

Last updated March 26, 2024

1. AGREEMENT TO OUR LEGAL TERMS

We are Carolina Sarria Romero (doing business as Tropical Coffee Club) (“Company”, “we”, “us”, “our”). We operate the website http://www.tropicalcoffeeclub.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by phone at +49 15753521537, email at contact@tropicalcoffeeclub.com, or by mail to Winsstraβe 28, Berlin 10405, Germany.

These Legal Terms constitute a legally binding agreement made between you and Carolina Sarria Romero (doing business as Tropical Coffee Club), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

2. SCOPE

The following Terms and Conditions apply to all orders placed via our online shop.

3. CONTRACTUAL PARTNER, FORMATION OF CONTRACT, OPTIONS FOR CORRECTIONS

The contract is established with Carolina Sarria Romero (doing business as Tropical Coffee Club).

By placing products in the online shop, we offer a binding contract for those items. You may add products to your shopping basket without obligation and modify your entries at any time before submitting your order. The contract is concluded when you click the “Pay now” button, indicating acceptance of our offer for the products in your shopping basket. Upon paying your order, you will promptly receive an email confirmation.

The language available for concluding the contract is English. We save the contract text and send it to you in text form (e.g., email) after you submit your order, along with these Legal Terms.

4. PRICES AND PAYMENT CONDITIONS

We accept the following form of payment: credit card, with immediate charge upon order placement.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Unless otherwise stated, prices include statutory value-added tax. Any additional delivery and shipping costs will be separately specified. We may change prices at any time. All payments shall be in Euros. You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. SUBSCRIPTION CONDITIONS

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

For new subscribers, we provide a 50% discount on the first month of subscription. Please be aware that this discount is only applicable for the initial month ofsubscription; subsequent months will be charged at the full price. This discount is exclusively for the subscription option and does not extend to one-off or gift purchases.

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@tropicalcoffeeclub.com.

6. DELIVERY CONDITIONS

We exclusively ship orders during the first week of each month. While you can place an order or join our club at any time, please note that we close the batch approximately one week before delivery, scheduled for the first week of every month. For instance, if you place an order or subscribe on May 20th, your Tropical Coffee delivery will be in June. However, if you order or subscribe after the batch closure, such as on May 25th, your first Tropical Coffee delivery will be scheduled for July. To ensure you don't miss out on the following batch, please refer to the timer on our homepage, indicating the exact deadline for orders and subscriptions each month.

Goods are delivered via shipping to the delivery address provided by you. The delivery address entered during the purchase process is decisive. Upon entering your email address, we will send you a tracking number to monitor the shipment. Our packages are shipped within Germany with DHL. Note that in Germany the shipping fee is already included in all our listed prices.

If the transport company returns the goods to us due to unsuccessful delivery attempts, you bear the costs of the unsuccessful shipping.

7. RIGHT OF WITHDRAWAL – RETURN POLICY

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days beginning from the day on which you or a third party named by you but other than the carrier has taken possession of the goods. To exercise your right of withdrawal, you must inform us:

Carolina Sarria Romero

Winsstraβe 28

10405 Berlin

Email: contact@tropicalcoffeeclub.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

CONSEQUENCES OF WITHDRAWAL

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. We may withhold reimbursement until we have received the goods back from you or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the order of goods that are made according to customer specifications or that are clearly tailored to the personal needs of the customer (custom-made), thus not for:

A. Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,

B. Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,

C. Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,

D. Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

8. DAMAGE DURING DELIVERY

If goods arrive with obvious damage from delivery, please report it to the carrier and notify us immediately. Failure to do so does not affect your legal rights, including warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

9. LIABILITY FOR DEFECTS

We are legally obligated to provide products that conform to the contract. If the purchased item is defective, statutory warranty provisions apply.

10. LANGUAGE, JURISDICTION, AND APPLICABLE LAW

The contract is drawn up in English. The further execution of the contractual relationship will be conducted in English. The law of the Federal Republic of Germany applies exclusively. This applies only to consumers insofar as it does not restrict any legal provisions of the state in which the customer has their habitual residence or domicile. The place of jurisdiction is the registered office of the provider in disputes with customers who are not consumers, legal entities under public law, or special funds under public law.

11. NOTICE REGARDING EU DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. We are prepared to participate in dispute resolution proceedings before consumer arbitration boards.