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Terms & Conditions

This document, through its content, makes available to third-party users the Regulations regarding the terms and conditions of use of the SPEARHEAD COFFEE SRL website (https://spearhead.coffee).

 The Site SPEARHEAD COFFEE SRL (https://spearhead.coffee) is operated by SC SPEARHEAD COFFEE SRL, cu punct de lucru în STR. COPILULUI, NR. 16, ET. 2, SECT. 1, BUCUREȘTI, JUD. BUCUREȘTI, înscrisă în Registrul Comerțului cu numărul J23/3470/2023. Utilizarea site-ului (incluzând accesul, navigarea și cumpărarea produselor de pe acest site) constituie un acord implicit de respectare a termenilor și condițiilor enunțate în cuprinsul prezentului document cu toate efectele și consecințele ce decurg din această. Administratorul site-ului SPEARHEAD COFFEE SRL (https://spearhead.coffee) își rezervă dreptul de a modifică în orice moment conținutul acestui acord, fără notificarea prealabilă a persoanelor care îl utilizează, denumite în continuare “Utilizatori”. Utilizatorii vor avea acces permanent la termenii și condițiile de utilizare a serviciilor, pentru a le putea consulta în orice moment. 

1. CONTRACTUAL DOCUMENTS

  • By registering an Order on the Site, the Buyer agrees to the form of communication (telephone, SMS, or e-mail) through which the Seller conducts its commercial operations.
  • The notification received by the Buyer after placing the Order is for informational purposes and does not constitute acceptance of the Order. This notification is made electronically (e-mail) or by phone, SMS.
  • For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is modified, the Seller will notify the Buyer at the e-mail address or phone number provided by the Buyer when placing the Order and will refund the amount paid.
  • The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the shipment notification of the Order.
  • The document and the information made available by the Seller on the Site will form the basis of the Contract.

2. ONLINE SALES POLICY

  • Access for placing an Order is allowed to any User/Buyer. For justified reasons, SPEARHEAD COFFEE SRL (https://spearhead.coffee) reserves the right to restrict the User/Buyer's access to placing an Order and/or to some of the accepted payment methods if it considers that the User/Buyer's conduct or activity on the Site could harm SPEARHEAD COFFEE SRL (https://spearhead.coffee) in any way. In any of these cases, the User/Buyer can contact the Customer Relations Department of SPEARHEAD COFFEE SRL (https://spearhead.coffee) to be informed about the reasons that led to the application of the above-mentioned measures.
  • Communication with the Seller can be done through direct interaction or through the addresses mentioned in the "contact" section of the Site. The Seller has the freedom to manage the information received without having to provide justifications for this.

In the event of an unusually high volume of traffic from an internet network, SPEARHEAD COFFEE SRL (https://spearhead.coffee) reserves the right to request Users/Buyers to manually enter captcha validation codes to protect the information on the Site.

 

  • SPEARHEAD COFFEE SRL (https://spearhead.coffee) may publish on the Site information about Goods and/or Services and/or promotions offered by it for a certain period and within the limit of available stock.
  • All fees for Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT.

In the case of online payments, the Seller is not responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuer of the Buyer's card if the currency of issuance differs from RON. This responsibility lies solely with the Buyer.

 

All information used to describe the Goods and/or Services available on the Site (static/dynamic images, multimedia presentations, etc.) does not constitute a contractual obligation on the part of the Seller, these being used exclusively for presentation purposes.

3. ASSIGNMENT AND SUBCONTRACTING

  • The Seller may assign and/or subcontract a third party for services related to fulfilling the Order, informing the Buyer without requiring their consent. The Seller will always be responsible to the Buyer for all contractual obligations.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

  • The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text, and/or multimedia content presented on the Site, are the exclusive property of SPEARHEAD COFFEE SRL (https://spearhead.coffee), with all rights obtained in this regard directly or indirectly (through usage and/or publication licenses) reserved.
  • The Client/Buyer/User is not permitted to copy, distribute, publish, transfer to third parties, modify and/or alter in any other way, use, link to, display, include any Content in any context other than the original intended one by SPEARHEAD COFFEE SRL (https://spearhead.coffee), include any Content outside the Site, remove any signs that indicate SPEARHEAD COFFEE SRL's (https://spearhead.coffee) copyright on the Content, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying or displaying the Content, without the express written consent of SPEARHEAD COFFEE SRL (https://spearhead.coffee).
  • Any Content that the Client/Buyer/User has and/or obtains access to by any means is subject to the Document, in case the Content is not accompanied by a specific and valid usage agreement concluded between SPEARHEAD COFFEE SRL (https://spearhead.coffee) and the Client/Buyer/User, and without any implicit or explicit warranty from SPEARHEAD COFFEE SRL (https://spearhead.coffee) regarding that Content.
  • The Client/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the Document.
  • If SPEARHEAD COFFEE SRL (https://spearhead.coffee) grants the Client/Buyer/User the right to use, in the form described in a distinct usage agreement, certain content to which the Client/Buyer/User has or obtains access following this agreement, this right extends only to that or those contents defined in the agreement, only for the duration of their existence on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not constitute a contractual obligation from SPEARHEAD COFFEE SRL (https://spearhead.coffee) for the respective Client/Buyer/User or any other third party who has/obtains access to this transferred content, by any means, and who could be or is prejudiced in any way by this content, during or after the expiration of the usage agreement.
  • No Content transmitted to the Client, User, or Buyer through any means of communication (electronic, telephone, etc.) or obtained by them through access, visit, and/or viewing constitutes a contractual obligation from SPEARHEAD COFFEE SRL (https://spearhead.coffee) and/or the employee/agent of SPEARHEAD COFFEE SRL (https://spearhead.coffee) who facilitated the transfer of Content, if it exists, regarding that content.
  • Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying usage agreement, if it exists, is prohibited.

5. ORDER

  • The Client/Buyer can place Orders on the Site by adding the desired Goods and/or Services to the shopping cart and completing the Order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or Service is available for purchase as long as there is stock available for it. Adding a Good/Service to the shopping cart, without completing the Order, does not result in the registration of an order or the automatic reservation of the Good/Service.
  • By completing the Order, the Buyer agrees that all the data provided by them, necessary for the purchase process, are correct, complete, and true at the time of placing the Order.
  • By completing the Order, the Buyer agrees that the Seller may contact them by any available/approved means, whenever the Buyer’s contact is necessary.
  • The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any further obligation of either party to the other or without any party being able to claim damages in the following cases:

             - non-acceptance by the Buyer's issuing bank of the transaction, in the case of online payment;
            - invalidation of the transaction by the card processor approved by SPEARHEAD COFFEE SRL (https://spearhead.coffee), in the case of online payment;
             - the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

  • The Buyer has the right to withdraw from the Contract, respectively to return a Good or renounce a Service, within 14 calendar days, without invoking any reason and without incurring any costs other than delivery costs. Thus, according to GEO no. 34/2014, the return period of a Good or renunciation of a Service expires within 14 days from:

         - the day on which the Buyer takes physical possession of the last Good – if the Buyer orders multiple products in a single order that are delivered separately;

        - the day on which the Buyer takes physical possession of the last Good or the last piece – in the case of delivery of a product consisting of multiple lots or pieces;

    • În cazul în care Cumpărătorul decide să se retragă din Contract, acesta va putea completa online formularul de retur ce se regăsește online aici -> https://spearhead.coffee/en/formular-de-retur/ 
    • If the Client/Buyer requests withdrawal from the Contract within the legal withdrawal period, they must also return any gifts accompanying the product. If the Order is paid for, the Seller will refund the amount within a maximum of 14 (fourteen) days from the date the Seller was informed by the Buyer of their decision to withdraw from the Contract. The amount will be refunded as follows:
  • for Orders paid by card online -> by refund to the account from which the payment was made;
  • for Orders paid by Cash on Delivery/Card -> by bank transfer;
  • The Seller may delay the refund until the sold Goods are received or until proof is provided that they have been shipped, if the Seller has not offered to recover the Goods himself (the most recent date will be taken into account).
  • If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return the value of the Good and/or Service to the Buyer's account within a maximum of 7 (seven) days from the date the Seller became aware of this fact or from the date the Buyer expressly expressed their intention to terminate the Contract. 

6. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED

  • The following are exempt from the right of withdrawal from the Contract:

        - unsealed goods, or goods that have been started for consumption;

7. CONFIDENTIALITY

  • SPEARHEAD COFFEE SRL (https://spearhead.coffee) will maintain the confidentiality of any information you provide. Disclosure of the information provided may only be made under the conditions mentioned in this Document.
  • No public statement, promotion, press release, or any other form of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
  • By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for their own interest, these ideas, concepts, know-how, or techniques that you sent through the Site. SPEARHEAD COFFEE SRL (https://spearhead.coffee) will not be subject to obligations regarding the confidentiality of the information sent if the legislation in force does not provide other specifications in this regard.

8. COMMERCIAL COMMUNICATIONS

  • The Buyer/User/Client can modify at any time the option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions.
  • By adding Goods or Services to the "My Cart" section of the Account, the Seller may send the Buyer/User Commercial Communications regarding:

- the price change of the Goods or Services added in the "My Cart" section;
- recommendations of Goods or Services similar to those added in the "My Cart" section;
- the existence of the Goods or Services in the "My Cart" section, and
- stock availability of the Goods or Services added in the "My Cart" section.

  • Following the purchase of a Good or Service, the Seller may send the Buyer/User Commercial Communications regarding:

          - suggestions for Goods or Services recommended to be used together with the purchased Good or Service.

  • The Client/User can unsubscribe at any time from the Commercial Communications mentioned in point 7.3. above by contacting SPEARHEAD COFFEE SRL (https://spearhead.coffee) for this purpose.
  • Additionally, to improve the offer of Goods and Services and the shopping experience, we will use your data to conduct market research and opinion surveys. The information obtained from these market research and opinion surveys will not be used for advertising purposes but only for the purposes mentioned above. Your responses to market research and opinion surveys will not be associated with your identity and will not be shared with third parties or published. You can object to the use of data for market research and opinion surveys at any time by accessing the unsubscribe link displayed in the message or by contacting SPEARHEAD COFFEE SRL (https://spearhead.coffee).

9. BILLING - PAYMENT

  • The prices of Goods and Services displayed on the www.spearhead.coffee site include VAT in accordance with the legislation in force. https://spearhead.coffee include V.A.T. in accordance with the legislation in force.
  • The price, payment method, and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer's obligation being to provide all the necessary information for issuing the invoice in accordance with the legislation in force.
  • The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by SPEARHEAD COFFEE SRL (https://spearhead.coffee), as well as for any other payments related to the Order, exclusively in electronic format, via electronic mail, to the email address mentioned by the Buyer in their Account.
  • For the correct communication of the invoice related to the Order, the Buyer is obliged to update their data in the Account whenever necessary and to access the information and documents related to each Order, existing in the Account.
 

If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us at the email address: comenzi@spearhead.coffee comenzi@spearhead.coffee

The User/Buyer's payment card data will not be accessible to SPEARHEAD COFFEE SRL (https://spearhead.coffee) and will not be stored by SPEARHEAD COFFEE SRL (https://spearhead.coffee) or the payment processor integrated into the Site, but only by the Transaction authorization institution or another entity authorized to provide card identification data storage services, whose identity the User/Buyer will be informed of prior to entering the data.

  • In certain cases, for the security of Transactions, upon registering the Order, the Buyer will be required to authorize the payment by re-entering the password for the Account or using the fingerprint in the case of mobile terminals that have this feature.
  • For Transaction security reasons, the User/Buyer is advised not to remain logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed, and it is recommended to use a password with a strong security character (e.g., containing at least eight characters, including uppercase letters, lowercase letters, numbers, and special characters).

10. DELIVERY OF GOODS

  • The conditions for the delivery of Goods and Services sold by SPEARHEAD COFFEE SRL (https://spearhead.coffee) can be found in the Delivery Methods section.
  • The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.

11. WARRANTIES

The warranty represents the quality assurance offered by our brand and applies to any SPEARHEAD COFFEE SRL (https://spearhead.coffee) product purchased.

The warranty period is the time limit that runs from the date of purchase of the product, until which the manufacturer assumes responsibility for the repair or replacement of the purchased product, at their expense, if the deficiencies are not attributable to consumers. Conditions in which the warranty becomes inapplicable or void:

  • Products damaged as a result of transportation, handling, storage in improper conditions;
  • Products damaged as a result of exposure to severe environmental factors (sun, rain, snow, thermal shocks, etc.);
  • Product damages caused, voluntarily or involuntarily, by mechanical shocks (hitting, scratching, etc.);
  • Defects caused by improper, abusive, incorrect use of the product, or in improper conditions other than those for which it was designed;
  • The warranty certificate ensures all rights conferred to consumers by the legislation in force (Law no. 449/2003, GO no. 21/1992, etc.).

12. TRANSFER OF GOODS OWNERSHIP

  • The ownership of the Goods will be transferred upon delivery, after the Buyer has made the payment at the location indicated in the Order (understanding delivery as the signing of the receipt of the transport document provided by the courier or the signing of the receipt on the fiscal invoice in the case of deliveries made by the Seller's personnel).

13. LIABILITY

  • The Seller cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of their obligations according to the Order and for damages resulting from the use of the Goods and Services after delivery, especially for their loss.
  • By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity conducted through their Account.
  • By creating the Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version communicated on the Site, existing at the date of creating the Account and/or using the content and/or at the date of placing the Order.
  • The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the way and conditions of the Site's operation or any changes in legal requirements. The Document is binding on Clients/Users/Buyers from the moment it is displayed on the Site. In the event of any such modification, we will display the amended version of the Document on the Site, which is why we encourage you to periodically check the content of this Document.

14. PROCESSING OF PERSONAL DATA

  • Please go through the Privacy Policy regarding the processing of personal data, which is part of this Document.

14. FORCE MAJEURE

  • Neither party will be liable for non-performance of its contractual obligations if such non-performance on time and/or appropriately, in whole or in part, is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties, and which cannot be avoided.
  • If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full right termination of the contract without any party being able to claim damages from the other.

16. APPLICABLE LAW – JURISDICTION

  • This contract is subject to Romanian law. Any disputes arising between the Seller and Users/Buyers will be resolved amicably, or if this is not possible, the disputes will be settled by the competent Romanian courts in Bucharest Municipality.

17. SERVICE AVAILABILITY

The administrator of SPEARHEAD COFFEE SRL (https://spearhead.coffee) reserves the right to modify the structure and interface of any page or sub-page of the SPEARHEAD COFFEE SRL website (https://spearhead.coffee) at any time and at any freely chosen time interval, having the right to temporarily or permanently interrupt, partially or in full, the services made available to the public through this website without prior individual or general notification.

18. USE OF COOKIES

1. Cookie Usage Policy

This policy refers to cookies and web pages operated by SC SPEARHEAD COFFEE SRL, with a working point at STR. COPILULUI, NR. 16, 2nd FLOOR, DISTRICT 1, BUCHAREST, BUCHAREST COUNTY, registered in the Trade Register under number J23/3470/2023.

2. What are Cookies?

A cookie is a small file, consisting of letters and numbers, that will be stored on your computer, mobile terminal, or other equipment of a user from which the internet is accessed. The cookie is installed by request issued by a web server to a browser (e.g., Internet Explorer, Chrome) and is completely "passive" (it does not contain software programs, viruses, or spyware and cannot access the information on the user’s hard drive).

3. What are Cookies used for?

These files make it possible to recognize the user's terminal and present the content in a relevant manner, adapted to the user's preferences. Cookies ensure users a pleasant browsing experience and support SPEARHEAD COFFEE SRL's efforts (https://spearhead.coffee) to provide comfortable services to users, such as – online privacy preferences, shopping cart, or relevant advertising. They are also used in the preparation of anonymous, aggregated statistics that help us understand how a user benefits from our web pages, allowing us to improve their structure and content, excluding personal identification of the user.

4. How are Cookies used by this site?

A visit to this site can place cookies for purposes of:

  • Site performance cookies
  • Visitor analysis cookies
  • Geotargeting cookies
  • Registration cookies
  • Advertising cookies
  • Advertising provider cookies

5. Do Cookies contain personal data?

Cookies themselves do not require personal information to be used and, in most cases, do not personally identify internet users. Personal data collected through the use of Cookies can be collected only to facilitate certain functionalities for the user. Such data is encrypted in a way that makes it impossible for unauthorized persons to access it.

6. Deleting Cookies

In general, an application used to access web pages allows the saving of Cookies on the terminal by default. These settings can be changed in such a way as to block the automatic administration of Cookies by the web browser or the user to be informed each time Cookies are sent to their terminal. Detailed information about the possibilities and ways of managing Cookies can be found in the settings area of the application (web browser). Limiting the use of Cookies may affect certain functionalities of the web page.

7. Security and privacy issues

Cookies are NOT viruses! They use plain text formats. They are not composed of code segments, so they cannot be executed or self-run. Consequently, they cannot duplicate or replicate on other networks to run or replicate again. Since they cannot perform these functions, they cannot be considered viruses.

However, cookies can be used for negative purposes. Since they store information about user preferences and browsing history, both on a particular site and on multiple other sites, cookies can be used as a form of Spyware. Many anti-spyware products are aware of this and constantly mark cookies to be deleted in anti-virus/anti-spyware deletion/scanning procedures.

In general, browsers have integrated privacy settings that provide different levels of cookie acceptance, validity period, and automatic deletion after the user has visited a certain site.

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