Page overview

1. Terms of Sale Webshop (B2C)

2. Terms of Sale Wholesale (B2B)

3. Terms of Use


Terms of Sale Webshop (B2C)

1. APPLICABILITY

1.1 This website is operated by La Cabra Coffee ApS, a Danish registered limited company (Company reg. 40598782), with its registered address at Marguerite Vibys Plads 1, DK-2000 Frederiksberg (“La Cabra”, “we”, “us” and “our”).

1.2 These general terms of sale (the “Terms of Sale”) apply to all orders placed by use of our webshop (“Webshop”). Thus, these Terms of Sale create a legally binding agreement between you and La Cabra regard-ing orders placed for products available on the Webshop.

1.3 We may revise these Terms of Sale without notice by posting the re-vised terms on the Website. Please read these Terms of Sale carefully and check that the details in your order are complete and accurate be-fore submitting the order.

1.4 If you have any question regarding these Terms of Sale, please contact us at webshop@lacabra.dk.To place an order on the Webshop, you must be at least 16 years old, or older if that is required under appli-cable law to enter into an agreement with La Cabra.
The Webshop is intended solely for La Cabra to sell products to end customers, and therefore purchase of products for the intended pur-pose for resale is strictly prohibited. If La Cabra believes you are in-volved in a purchase for resale, La Cabra reserves the right to take any action against you, including, without limitation, to restrict or cancel your orders. By placing an order you represent that you are a consumer – not a reseller/retailer.

1.5 We recommend that you print or download a copy of these Terms of Sale for future reference.

1.6 Your use of our Webshop is also governed by La Cabra’s Terms of Use and Privacy Policy.

2. ORDERS

2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the products that you have selected on the basis of these Terms of Sale. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the "Order Confirmation"). The contract between you and us will only be formed when we send you the Order Confirmation (the "Contract"). We reserve the right to refuse service to anyone for any reason at any time.

2.2 The Contract will only relate to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Con-firmation.

2.3 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include or-ders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may at-tempt to notify you by contacting the e-mail and/or billing ad-dress/phone number provided at the time the order was made. We re-serve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

3. DELIVERY

3.1 Your order will be fulfilled by the delivery date set out in our Order Confirmation, or if no date is specified, then within 30 days of the date of the Order Confirmation.

3.2 Where possible, we try to deliver the products which you have ordered at the same time. However, we reserve the right to split deliveries, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an email to the email address provided by you at the time your order was placed. You will not be charged for any additional deliv-ery costs.

3.3 Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

4. PRICES AND PAYMENT

4.1 Payment through our Webshop is possible with Mastercard, Visa, Maestro, American Express, iDEAL, Bancontact, Shop Pay, Google Pay, and Apple Pay. MobilePay is available for Danish customers only. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

4.2 The due amount will be deducted from your credit/debit card at the time of shipment. If you have purchased an Online Gift Certificate or a coffee subscription, the due amount will be deducted from your cred-it/debit card at the time of Order Confirmation.

4.3 All prices are including VAT and taxes.

4.4 Shipping rates are applied per order, unless your order exceed the threshold for free ‘standard delivery’. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see our website.

4.5 We reserve the right to cancel orders without subject to notice on ac-count of typos, technical errors, changes in VAT and taxes.

5. ONLINE GIFT CERTICIFATES

5.1 You cannot purchase an Online gift certificate (“Online Gift Certifi-cate”) with another Gift Certificate.

5.2 If the amount of your Online Gift Certificate(s) does not cover the total order amount, you will need to pay the remainder of the purchase with a valid credit/debit card.

5.3 If the amount of your Online Gift Certificate(s) is for a higher amount than the total order amount, the balance will be stored with your ac-count for your next purchase using the same Online Gift Certificate.

5.4 Online Gift Certificates are non-transferable, non-refundable and are not redeemable for cash except as provided for by mandatory law.

5.5 We do not replace lost or stolen Online Gift Certificates.

5.6 If you wish to buy an Online Gift Certificate for someone else, then you need to forward the Online Gift Certificate email to the recipient.

5.7 Online Gift Certificate(s) cannot be used to pay for our subscription service at the Webshop. If you wish to use an existing Online Gift Certif-icate for a coffee subscription, please get in touch with our customer service team at webshop@lacabra.dk. We will exchange your Gift Card value for a discount code to be used uniquely for the subscription ser-vice.

5.8 An Online Gift Certificate valid for a period of 2 years from date of pur-chase.

6. COFFEE SUBSCRIPTIONS

6.1 Coffee subscriptions are shipped several times a week. Payment is pro-cessed the day before shipment. We will ship your order if your pay-ment has been successfully processed.

6.2 You can always login to your account and make changes to your sub-scription. You can update your shipping schedule, address and billing info, payment information and cancel your subscription. You can also see your payment history.

6.3 Your coffee subscription will continue until we receive your cancelation. You can cancel your subscription from your customer account. It is your sole responsibility to cancel your subscription. You will receive a can-celation confirmation via email.

6.4 International coffee subscriptions will be sent as a letter service with tracking. We also offer DHL Express and FedEx (to certain locations) for extra fee. Danish shipments will be sent as packages with tracking.

7. ACCOUNT INFORMATION

7.1 You agree to provide current, complete and accurate purchase and account information for all orders made at our Webshop. It is your sole responsibility to make sure that your account information is correct and accurate, including, but not limited to shipping address, email ad-dress and payment info.

7.2 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. This can be done from your subscription account on www.lacabra.dk

8. PRODUCTS, SERVICES AND RETURN

8.1 You can find documentation and descriptions of each product on this website.

8.2 All coffees are sold whole bean only.

8.3 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

8.4 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We can-not guarantee that your computer monitor's display of any colour will be accurate.

8.5 The materials and descriptions on our website is provided for general information only and should not be relied upon or used as the sole ba-sis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material and descriptions is at your own risk.

9. PERSONAL INFORMATION

9.1 Your submission of personal information through the Webshop is governed by our Privacy Policy.

10. ERRORS, INACCURACIES AND OMISSIONS

10.1 Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update infor-mation or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

11.1 You expressly agree that your use of, or inability to use, the products is at your sole risk. The products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fit-ness for a particular purpose, durability, title, and non-infringement.

11.2 La Cabra’s liability for any damage to property caused by the products after delivery (product liability) is limited to the rules in mandatory law. Except where prohibited by mandatory law or case law, La Cabras limitation of liability in connection with product liability is limited to an amount of EUR 1,000,000 per claim. Notwithstanding the abovemen-tioned you agree that La Cabra shall not be liable for any damage to property caused by the products after delivery to the extent the prod-ucts are altered by you or third party and/or built in/incorporated into other products.

11.3 Except where prohibited by law or case law, La Cabra’s total aggregat-ed liability for damages arising out of or in connection with a Contract is, unless otherwise stated in these Terms of Sale, limited to a val-ue/amount equal to price paid to La Cabra under the Contract. If the limitation of liability is found to be invalid, La Cabra’s liability shall be determined at the minimum level under mandatory applicable law.

12. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

12.1 An Event Outside Our Control means any act or event beyond our rea-sonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terror-ist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster and associ-ated consequences in the form of quarantine or prohibition by authori-ties and impact on infrastructure.

12.2 If an Event Outside Our Control takes place that affects the perfor-mance of our obligations under these Terms of Sale:
(1) we will contact you as soon as reasonably possible to notify you; and
(2) our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

12.3 Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. We shall not have any further liability towards you due to an Event Outside Our Control.

13. MISCELLANEOUS

13.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations un-der these Terms of Sale. You may only transfer your rights or your obli-gations under these Terms of Sale to another person if we agree in writing.

13.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

13.3 In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and en-forceability of any other remaining provisions.

14. COMPLAINTS

14.1 In case you have a complaint, please contact us via contact at web-shop@lacabra.dk.

14.2 If you feel your complaint is not adequately addressed, you can – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr.

15. GOVERNING LAW

15.1 Except where prohibited and without limitation to any statutory rights for consumers, you agree that the Webshop, Terms of Sale, and any dispute between you and La Cabra shall be governed in all respects by the substantive laws of Danmark, without regard to choice of law provi-sions. Furthermore, you agree that all disputes, claims and legal pro-ceedings arising directly or indirectly out of or relating to the Webshop (including but not limited to the purchase of products) shall be re-solved individually, without resort to any form of class action, by the Court of Aarhus, Denmark in first instance.

15.2 The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.


Terms of Sale Wholesale (B2B)

1. APPLICABILITY

1.1 This website is operated by La Cabra Coffee ApS, a Danish registered limited company (Company reg. 40598782), with its registered address at Marguerite Vibys Plads 1, DK-2000 Frederiksberg (“La Cabra”, “we”, “us” and “our”).

1.2 These general terms of sale (the “Terms of Sale”) apply to all orders placed by use of our wholesale webshop (“Webshop”). Thus, these Terms of Sale create a legally binding agreement between you (“Cus-tomer” or “you”) and La Cabra regarding orders placed for products available on the Webshop.

1.3 We may revise these Terms of Sale without notice by posting the re-vised terms on the Website. Please read these Terms of Sale carefully and check that the details in the order are complete and accurate be-fore submitting the order.

1.4 Any terms and conditions of supply stipulated by Customer which are in contradiction to these Terms of Sale shall only be valid if expressly ac-cepted by La Cabra in writing.

1.5 If you have any question regarding these Terms of Sale, please contact us at webshop@lacabra.dk.The use of our Webshop is also governed by La Cabra’s Terms of Use and Privacy Policy.

2. ORDERS

2.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase the products that you have selected on the basis of these Terms of Sale. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the "Order Confirmation"). The contract between Customer and La Cabra will only be formed when we send you the Order Confirmation (the "Contract"). We reserve the right to refuse service to anyone for any reason at any time.

2.2 The Contract will only relate to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Con-firmation.

3. DELIVERY

3.1 Delivery terms are Incoterms 2020 DAP at the place specified in the Order Confirmation.

3.2 La Cabra will pack the products in a manner suitable to protect the products during transport and each package will be appropriately marked and labelled.

3.3 La Cabra will deliver the products and services in accordance with the time schedule outlined in the Order Confirmation. Time is not of es-sence.

3.4 If you are unable or unwilling to accept the delivery of the products at the time of delivery, we may, at our sole discretion, store the products at your cost and risk. In such an event, the products shall be deemed delivered as of the date of storage.

4. PRICES AND PAYMENT

Payment through our Webshop is possible with Mastercard, Visa, Maestro, American Express, iDEAL, Bancontact, Shop Pay, Google Pay, and Apple Pay.

4.2 The due amount will be deducted from your credit/debit card at the time of shipment. If La Cabra is not able to deduct the payment, La Cabra will suspend the shipment.

4.3 All prices are excluding Danish VAT (25%).

4.4 Shipping rates are applied per order.

4.5 We reserve the right to cancel orders without subject to notice on ac-count of typos, technical errors, changes in VAT and taxes.

4.6 Customer is not entitled to set-off against the price for claims arising from any other legal relationships, and Customer is not entitled to ex-ercise any rights of retention or refuse payment due to a delay, com-plaint or counterclaim regarding any delivery.

5. ACCOUNT INFORMATION

5.1 You agree to provide current, complete and accurate purchase and account information for all orders made at our Webshop. It is your sole responsibility to make sure that your account information is correct and accurate, including, but not limited to shipping address, email ad-dress and payment info.

5.2 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. This can be done from your subscription account on www.lacabra.dk

6. PRODUCTS AND SERVICES

6.1 You can find documentation and descriptions of each product on our Webshop.

6.2 All coffees are sold whole bean only.

6.3 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We can-not guarantee that your computer monitor's display of any colour will be accurate.

6.4 The materials and descriptions on our Webshop are provided for gen-eral information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material and descriptions is at your own risk.

6.5 The products will be delivered free from material defects in workman-ship, materials and design (“Defect”). If a product is deemed to be De-fective, we will, at our sole option, repair or replace any part of the products which contains a Defect, or issue a credit note for the amount paid for the Defective products. You are responsible for the return of any Defective products to La Cabra.

6.6 La Cabra shall have no liability for any Defect to the extent caused by ordinary wear and tear; use of products other than for intended use; failure to observe instructions for the installation, operation, mainte-nance, cleaning or repair of the products; or any alteration or rebuild-ing of the products.

7. PERSONAL INFORMATION

7.1 Your submission of personal information through the Webshop is gov-erned by our Privacy Policy.

8. ERRORS, INACCURACIES AND OMISSIONS

8.1 Occasionally there may be information on our Webshop that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update infor-mation or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

9.1 The products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or con-ditions of merchantability, merchantable quality, fitness for a particu-lar purpose, durability, title, and non-infringement.

9.2 La Cabra’s liability for any damage to property caused by the products after delivery (product liability) is limited to the rules in mandatory law. Except where prohibited by mandatory law or case law, La Cabra’s limitation of liability in connection with product liability is limited to an amount of EUR 1,000,000 per claim. Notwithstanding the abovemen-tioned you agree that La Cabra shall not be liable for any damage to property caused by the products after delivery to the extent the prod-ucts are altered by you or third party and/or built in/incorporated into other products.

9.3 In no case shall La Cabra, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind arising out of or in connection with the Contract. La Cabra shall never be liable for any loss of profits, revenue, goodwill or loss of contracts. Furthermore, La Cabra shall never be liable for any (possible) savings or data, or any replacement costs. La Cabra’s total aggregated liability for damages arising out of or in connection with a Contract is, unless otherwise stated in these Terms of Sale, limited to a value/amount equal to price paid to La Cabra under the Contract. If the limitation of liability is found to be invalid, La Cabra’s liability shall be determined at the minimum level under mandatory applicable law.

9.4 La Cabra will take out and maintain adequate professional insurance covering its general obligations.

9.5 You agree to indemnify, defend and hold harmless La Cabra and our affiliates, partners, officers, directors, agents, contractors, licensors, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale.

10. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

10.1 An Event Outside Our Control means any act or event beyond our rea-sonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terror-ist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster and associ-ated consequences in the form of quarantine or prohibition by authori-ties and impact on infrastructure.

10.2 If an Event Outside Our Control takes place that affects the perfor-mance of our obligations under these Terms of Sale:

(1) we will contact you as soon as reasonably possible to notify you; and

(2) our obligations under these Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

10.3 Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. We shall not have any further liability towards you due to an Event Outside Our Control.

11. MISCELLANEOUS

11.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations un-der these Terms of Sale. You may only transfer your rights or your obli-gations under these Terms of Sale to another person if we agree in writing.

11.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

11.3 In the event that any provision of these Terms of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale, such determination shall not affect the validity and en-forceability of any other remaining provisions.

12. GOVERNING LAW

12.1 You agree that the Webshop, Terms of Sale, and any dispute between you and La Cabra shall be governed in all respects by the substantive laws of Danmark, without regard to choice of law provisions. Further-more, you agree that all disputes, claims and legal proceedings arising directly or indirectly out of or relating to the Webshop (including but not limited to the purchase of products) shall be resolved by the Court of Aarhus, Denmark in first instance.

12.2 The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.


Terms of Use

La Cabra Website

1. APPLICABILITY

1.1 This website is operated by La Cabra Coffee ApS, a Danish registered limited company (Company reg. 40598782), with its registered address at Marguerite Vibys Plads 1, DK-2000 Frederiksberg (“La Cabra”, “we”, “us” and “our”).

1.2 These general terms of use (the “Terms of Use”) apply to all use of our website, digital experience, social media platform, mobile app, weara-ble technology, or one of our other products or services, all of which are part of our media platform (“Platform”). You may access our Plat-form through a computer, mobile phone, tablet, console or other tech-nology, which we refer to here as a “Device”.

1.3 These Terms of Use create a legally binding agreement between you and La Cabra and its affiliates regarding your use of the Platform.

1.4 You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.

1.5 We may revise these Terms of Use from time to time without notice by posting the revised terms on our Platform. If a material change is made, we will post a notice on the Platform or, if possible, send you a notification.

1.6 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF OUR PLATFORMS, IF YOU DON’T AGREE TO THEM, PLEASE STOP USING THE PLATFORM.

1.7 If you continue to use our Platform, you will be deemed to have accepted our Terms of Use, except to the extent prohibited by applicable law

1.8 Your use of our Platform is also governed by our Privacy Policy.

1.9 If you make a purchase through our website, the, you also agree to our Terms of Sale.

1.10 If you have any questions regarding these Terms of Use, please contact us at webshop@lacabra.dk.

2. OWNERSHIP OF CONTENT

2.1 All trademarks, service marks and trade names (e.g. the La Cabra name) are owned, registered and/or licensed by us. You do not acquire a licence or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.

2.2 Except for User Content (defined in Section 3), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, arti-cles, news stories, sketches, animations, stickers, general artwork and other content ("Content") – is owned by La Cabra or others we license Content from, and is protected by copyright, trademark, patent and other laws. We reserve all rights not expressly described in these Terms of Use.

2.3 Unless otherwise agreed or to the extent we make Content available to you via our Platform you are not entitled to download and/or use the Content. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.

2.4 Outside of the specific usage rights granted to you by us, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, with-out our prior written consent. Unauthorised use of the Content may constitute a breach of copyright, trademark or other intellectual prop-erty laws and may subject you to criminal or civil charges and penal-ties.

3. POSTING CONTENT ON THE PLATFORM

3.1 User Content Licence. Some parts of the Platform allow you to post photos, videos, comments, and other content (“User Content”). User Content is owned by you or whoever created it, but when you post User Content you license it to La Cabra in accordance with the following condition:

(1) You represent that you have the right to post the User Content, and you grant La Cabra a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use any of the User Content for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.

(2) We may, in its sole discretion, remove any User Content at any time. Deleted User Content may however still persist on our Plat-form or systems, unless you or the relevant individual request deletion or blocking of personal data in accordance with applica-ble law.

(3) Any comments, feedback or ideas you send us are provided on a non-confidential basis and you grant La Cabra a perpetual, worldwide licence to use all comments, feedback and ideas you may share on our Platform, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving prod-ucts and services.

3.2 If you believe that your work has been improperly copied to the Plat-form, such that it constitutes infringement, please contact us at web-shop@lacabra.dk. Please consult your legal adviser before filing a no-tice with us.

4 USER CODE OF CONDUCT

4.1 Please adhere to the following rules, when using our Platform:

(1) Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.

(2) Do not post information on the Platform which are personal to you. Furthermore, do not collect or solicit personal information from other users or send unsolicited messages.

(3) Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be.

(4) Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory or otherwise objectionable or inappropriate or which violates any applicable laws.

(5) Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.

(6) Do not do anything that may expose us or other users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform. Do not post User Content that contains software viruses, pro-grammes or other computer code, and do not circumvent or mod-ify any Platform software or security technology. Do not use any data mining, robots, scraping or similar data gathering.

4.2 We reserve the right to pre-screen, monitor or remove User Content which we believe violate our Terms of Use – but we have no obligation to do so.

5 USER ACCOUNT

5.1 If you register for an account with us, the following rules apply:

(1) Provide accurate and current registration information.

(2) Keep your registration personal. Keep your username, password and other login credentials secure and do not allow anyone else to use your account.

(3) Do not register for more than one account, register an account on behalf of someone else or transfer your account someone else.

(4) Inform us immediately of any unauthorised use of your account. You are responsible for anything that happens through your ac-count – with or without your permission. TO THE MAXIMUM EX-TENT ALLOWED BY APPLICABLE LAW, WE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISED USE OF YOUR ACCOUNT.

5.2 We reserve the right to pre-screen, monitor or delete an account which we believe violate our Terms of Use – but we have no obligation to do so.

5.3 We may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Plat-form at any time and for any reason, without any liability, subject to applicable law.

6. PARTNERS ON THE PLATFORM

6.1 From time to time, we may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). You may be able to connect with these Third Parties through the Platform, but this does not mean we endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should care-fully review any Third Party’s sites and terms of use and privacy policy. WE ARE NOT RESPONSIBLE FOR THE CONTENT, POLICIES OR ACTIVITIES OF THIRD PARTIES AND YOU INTERACT WITH THIRD PARTIES AT YOUR OWN RISK.

7. IMPORTANT DISCLAIMERS

7.1 To the maximum extent allowed by applicable law, we are not respon-sible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features on the platform.

7.2 To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.

7.3 To the maximum extent allowed by applicable law, we are not respon-sible or liable for any User Content posted on the platform. Further-more, we are not responsible for any third parties use, including com-mercial use, of the User Content posted on the Platform.

7.4 We do not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.

7.5 The Platform, Content, and the materials and products on this Platform are provided "AS IS” without any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. To the fullest extent permitted by law, we disclaim all warranties, ex-press or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Plat-form, including, but not limited to, implied warranties of title, mer-chantability, fitness for a particular purpose and non-infringement.

7.6 You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not pro-vide otherwise.

8. CHANGES TO THE PLATFORM

8.1 We may terminate or change any Platform, member programme, prod-uct or service at any time without notice.

9. INDEMNIFICATION/LIMITATION OF LIABILITY

9.1 You agree to indemnify, defend, and hold harmless la cabra, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your user content, your use of content, your use of the platform, your conduct in connection with the platform or with other plat-form users, or any violation of these terms of use, any law or the rights of any third party.

9.2 La cabra, its affiliates, officers, directors, employees, agents, licensors and suppliers shall never be liable for any direct, special, incidental, indirect or consequential damages, includ-ing without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the platform or the performance of the products purchased through the plat-form or the conduct of other platform users (whether online or offline), or attendance at a la cabra event or partner events, or any user content or any other activity in connec-tion with the use of the platform, even if la cabra has been ad-vised of the possibility of such damages. you assume total re-sponsibility for your use of the platform. your only remedy against la cabra in connection with any damages arising from your use of the platform or any content is to stop using the platform. if la cabra is found to be liable to you for any dam-age or loss which is in any way connected with your use of the platform or any content, la cabra's liability shall not exceed euro 100,00.

10. MISCELLANEOUS

10.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations un-der these Terms of Use. You may only transfer your rights or your obli-gations under these Terms of Use to another person if we agree in writing.

10.2 If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

10.3 In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and en-forceability of any other remaining provisions.

11. DISPUTES AND GOVERNING LAW

11.1 Except where prohibited and without limitation to any statutory rights for consumers, you agree that the Platform, Terms of Use, Privacy Poli-cy, and any dispute between you and La Cabra shall be governed in all respects by the substantive laws of Danmark, without regard to choice of law provisions. Furthermore, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Webshop (including but not limited to the purchase of products) shall be resolved individually, without resort to any form of class action, by the Court of Aarhus, Denmark in first instance.

11.2 The 1980 UN Convention on Contracts for the International Sale of Goods shall not apply.

11.3 All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.


EN
USD $