TCP General Policies, Terms and Conditions

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At TCP we work around a set of guiding principles, our core values that drive our business With them, we work as a team and help each:

Be Curious

This value is about first equipping our TCP team with the information required to drive development in the company. It involves asking a lot of questions to colleagues and being able to triangulate answers from different points of view. Being curious will develop our ability to quickly gather and organize information and the willingness to think outside our perspective.

Work Together

Two brains think better than one right? In TCP we believe that the strength of our team relies on combined experience and expertise. We know that in order to achieve our very best for our customers we have to support each other, using our individual skills to provide constructive feedback. Subsequently, the potential is greater than the sum of the parts. We hope this mentality translates to our customer’s everyday business relationships around the coffee market.

Make it Happen

It’s better to have something than nothing! This value is about making sure that tasks are completed. It includes routine tasks, additional tasks, ideas, and plans. We are looking for everyone to “get their work done, proactively seek additional tasks, and finish the task quickly and well”.Thus fulfilling our value proposition of making it easy to buy from the origin.

Build The Future

The specialty coffee market is growing rapidly and we want to be part of it, that is why we work every day to build our future. This value is generated as a result of “being curious”. It consists of planning and building foundations. It requires an ability to understand that we must constantly think about what we need in the medium and long term. Seize opportunities to make incremental improvements so that we can help our customers to make them and our story extraordinary.

1. PARTIES

  • Those Coffee People S.A.S., a Colombian Company, duly incorporated and identified with tax id number 901.181.683, with registered office at Medellin, Colombia, that will be referred to herein as the “Supplier”, “The Company” or Those Coffee People.

and

  • The “Purchaser” who is named in the specific governing purchase order. 

Supplier and Purchaser may each be referred to herein as a “Party” and together as the “Parties”

2. DEFINITIONS

In this Agreement the following words shall have the following meanings:

  • “Acceptance” means acceptance of the Deliverable by Purchaser. 
  • “Agreement” means these terms and conditions that will govern all Purchase Orders that will be solicited by the Purchaser. 
  • “Applicable Laws” means all laws, legislation, regulation, codes of practice, or requirements of any relevant government or governmental agency, applicable to Purchaser.
  • “Force Majeure” is any event which is beyond either party’s control, this shall include, however is not limited to; acts of God, flood, drought, earthquake, war, civil commotion, terrorist attack, imposition of a sanction, embargo or breaking off a diplomatic relation. This shall exclude strikes or any other forms of industrial action by personnel, agents, or sub-contractors of that party.
  • “Good Industry Practice” means the exercise of reasonable skill, care, prudence, efficiency, foresight and timeliness which would reasonably be expected from a person properly skilled and experienced in providing products and/or services similar to the Services.
  • “Purchase Order” means an order in respect of the Goods issued by the Supplier which shall include requirements for the Goods together with all documents referred to in it.

3. INCORPORATION OF TERMS AND ORDER OF PRECEDENCE

    1. These terms and conditions are incorporated into and shall govern the Purchase Order conduct by the Parties shall be deemed to constitute acceptance of other terms and conditions.

4. WARRANTY

    1. Each Party warrants and represents that it has the power and authority to enter into this Agreement. 

4 A. The Supplier warrants and represents that:

      1. it is not (at the time of entering into this Agreement) currently involved in any litigation, process, contract or investigation that could materially impact on the ability of the Supplier to perform its obligations;
      2. ensures on time and quality delivery of products ordered in accordance with the INCOTERM agreed in the purchase order. (2020 INCOTERMS version)
      3. it will provide reasonable customer support and problem solving. 
      4. all the requirements that Purchaser will need for the country’s importing laws will be fulfilled as solicited or agreed

4 B. The Purchaser warrants and represents that:

        1. it has obtained and shall obtain all permissions, licences, authorizations and consents necessary for the Supplier to supply Deliverables in accordance with the Purchase Order.
        2. will pay all required fees in the required time.
        3. will comply with Applicable Law for importation of goods is required.
        4. will give supplier all the information and specifications required for the importation of the goods, or will put in touch with their importer to avoid any doubt. 

4 C. In the event of a breach of  Warranty caused by the fault of the Purchaser, the Purchaser shall pay all reasonable costs and expenses relating to: 

    1. Goods supplied by the Supplier and additional ones required to remedy the breach of warranty;
    2. the operation and maintaining of the additional deliverables; and 
    3. obtaining Services from a third party. 

5. GOODS 

    1. Supplier will provide the goods to the Purchaser as outlined in the Purchase Order.

6. DELIVERY

    1. According to the Purchase Order, Delivery obligations, responsibilities, and costs will be in charge of the party depending on the Incoterm used. 
    2. If there is no incoterm listed on the Purchase order and no shipping or logistics included, it is considered EXWORK. 
    3. If there is no incoterm listed on the Purchase order and shipping or logistics to the destination country is included, it is considered CIF.
    4. All sales are final, and there are no returns or exchanges permitted unless a claim of faulty or damaged merchandise is made and accepted according to the terms of sale.

7. RISK AND TITLE

    1. The title shall pass together with the risk as specified by the Incoterms stipulated in the Purchase Order.

8. PRICE AND PAYMENT

    1. Purchaser will pay the agreed charges as per the Purchase Order and taxes that may apply.
      1. In general, any fees charged in transit due to destination country authorities are the responsibility of the purchaser.
    2. The purchaser will make a down payment in order to initiate the Purchase Order. The amount will be agreed between the parties based on processing requirements of the coffee selection. If the Prepayment is not made, this agreement will be ended between the parties and their will be no liability for the Supplier.
    3. Once the invoices are submitted, payments will be made ten (10) days after receiving it, or at the due date specified. 
    4. If payments are not remitted on time, late fees and storage fees will apply. If after 6 months the situation is not remedied by the Purchaser, the Supplier reserves the right to liquidate their merchandise in order to pay for the outstanding amount owed. 

9. ACCEPTANCE OF DELIVERABLE 

    1. Once the goods are delivered, according to INCOTERM, the Supplier will understand that the merchandise is accepted.

10. CLAIMS

  1. Any claim that a purchaser wishes to make regarding the products or services they ordered must be made with the following conditions:
    1. The claim must be made in writing to info@thosecoffeepeople.com with subject line “Claim PO (your PO number)
    2. The claim must be sent within 10 days of the delivery according to the incoterm.
    3. The claim must be accompanied by photos or videos that support your claim, as well as any other validatable assessment regarding quality standards. 
    4. If you feel you may need to file a claim but need more time, you may email info@thosecoffeepeople.com within the first 10 days after delivery of merchandise with subject line “claim extension request PO (your po number), stating in the email why you need additional time to validate if you would like to make this claim. This extension once submitted properly will be allowed for 30 days after delivery of merchandise. 

11. ANTI-BRIBERY AND CORRUPTION

    1. Each Party, including its employees, agents, consultants, contractors and subcontractors, shall:
      1. act in accordance with all Applicable Laws relating to bribery and corruption;
      2. not do or omit to do anything likely to cause the other Party to be in breach of  Applicable Law; 
      3. not give, promise, receive or request any bribes (financial or other advantage), including but not limited to in relation to any public official; 
      4. maintain an effective anti-bribery (including gift and hospitality) compliance programme, designed to ensure compliance with Applicable Law including the monitoring of compliance and detection of violations; and
      5. reasonably assist the other Party, to comply with obligations related to bribery and corruption required by Applicable Law. Any related costs shall be borne by the Party requesting assistance.
    2. The Party shall promptly notify the other Party of any allegation of fraud, bribery or corrupt practices made against the other Party in court, arbitration or administrative proceedings, or if any investigation is commenced in respect of such allegations; at any time during the term of this Agreement.
    3. Each Party hereby indemnifies the other Party and its directors, officers, employees, agents and affiliates against all losses which they may suffer as a result of a breach or deemed breach of this clause by the Party granting the indemnity.

11. HEALTH AND SAFETY 

    1. The Supplier shall procure that all of its employees comply with the provisions of any applicable laws and regulations, including health and safety legislation. 

12. FORCE MAJEURE

    1. Neither Party shall be liable for failure to perform its obligations under this Agreement, if such failure results from circumstances of Force Majeure Event beyond that party’s reasonable control. For the avoidance of doubt, the occurrence of a Force Majeure Event shall not preclude the Purchaser’s obligation to pay any Charges which are due and payable under this Agreement.
    2. Each Party shall use all reasonable endeavours to limit the effects of any Force Majeure Event.
    3. Each Party agrees to give notice forthwith to the other upon becoming aware of an Event of Force Majeure, such notice to contain details of the circumstances giving rise to the Event of Force Majeure.

13. GENERAL

    1. Neither party shall be bound by any variation, waiver of or addition to these terms conditions unless agreed in writing and signed by a duly authorized Representative of both parties.
    2. These terms and conditions shall have precedence over any conditions appearing on any quotation, acceptance form, delivery form, invoice or other document or letter emanating from the Supplier and such conditions shall have no effect unless they are expressly accepted by the Parties  in writing.

14. GOVERNING LAW – ARBITRATION CLAUSE

    1. This Agreement shall be governed by Colombian law. All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of International Chamber of Commerce, by one or more arbitrators appointed in accordance with the said Rules.

By participating in all activities as hosted by Those Coffee People SAS (further known as The Company) it is acknowledged that participants are participating voluntarily and that they accept any and all risks associated with The Activity planned. They agree to hold The Company harmless from any and all claims, loss or damage to personal property, liabilities and costs, as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. 

The Activity may include performing physical activity (walking, hiking) around coffee crops, heavy machinery, and wild animals. By participating in The Activity they are accepting normal risks of travel by car as well as other normal risks excepted while traveling. They attest that they will be diligent in preserving the safety of themselves and those around them by not walking on the street with valuables, which may present a risk of theft and always wearing their seat belt while traveling by car.

Although there are medical facilities across Colombia that offer services for fair prices, The Company does not include any services of insurance so it is recommended that all participants have their own travel and international medical insurance. 

By participating in The Activity they agree to the terms and conditions outlined. They understand the reasonable risks of participating in this activity, including releasing The Company, managers, independent contractors, and associates from all liability, waiving my right to sue The Company, and assuming all risks of participating in this Activity.

  1. Parties and Acceptance of Terms

This agreement is established between “Those Coffee People S.A.S.,” hereinafter referred to as “The Company,” TCP, or Those Coffee People, a Colombian Company duly incorporated and identified with tax ID number 901.181.683, with a registered office in Medellin, Colombia, 

and The Purchaser  or The Client referred to in each individual purchase order 

TCP and The Purchaser may each be referred to herein as a “Party,” and collectively as the “Parties.”

  1. Services Provided

2.1 An outline of standard services offered is provided below:

Package 1: 

  • Meeting with presentation of creative direction for the project
  • 25 photos with post-production editing
  • 1 commercial video between 15-30 seconds
  • Final delivery meeting

Package 2: 

  • Meeting with presentation of creative direction for the project
  • 35 photos with post-production editing
  • 2 commercial videos between 15-30 seconds
  • Final delivery meeting

Package 3: 

  • Meeting with presentation of creative direction for the project
  • 50 photos with post-production editing
  • 3 commercial videos between 15-30 seconds
  • Final delivery meeting

Exclusions or additional costs: Props such as custom mugs, flowers, coffee tools. Any setting that is not a studio setting such as a farm, our natura outdoor scene. Voice narration or script writing. 

  1. Booking and Payment

3.1 Booking Confirmation: A project is considered confirmed once both parties have agreed upon the project scope, pricing, and/or timeline. A written agreement or email confirmation, as well as line item in a purchase order, will serve as the official confirmation of the project.

3.2 Payment: Unless otherwise agreed, the total project cost is required upon confirmation to secure the booking. 

3.3 Payment Methods: TCP accepts bank transfer and credit card payment for all transactions.

  1. Project Scope and Revisions

4.1 Project Details: The client agrees to provide clear project details, including props and materials, themes, and any specific shots or videos they require. The content will be created based on the instructions given during this 

4.2 Revisions: TCP will provide one round of revisions, or as specified in the agreement. Additional revisions may be subject to an extra fee. All requests must be made in writing maximum 30 calendar days after delivery of material. 

  1. Usage Rights

5.1 License: The client is granted an exclusive, non-transferable license to use the images and videos indefinitely. 

5.2 Copyright: TCP retains copyright and ownership of all images and videos produced, unless otherwise agreed upon in writing.

  1. Delivery Obligations

7.1 Delivery: TCP will deliver the finalized images and videos to the client via a secure online platform such as google drive within 14 days following the day of shooting for photos and 21 for videos. This count does not include national holidays. For complex or unique shoots, additional time for delivery may be required and will be outlined following the creative direction client meeting. 

7.2 Usage Guidelines: The client agrees to use the images and videos solely for the purposes outlined in the project agreement. Images and videos may not be resold without prior written consent.

  1. Cancellation and Rescheduling

7.1 Cancellation: In the event of cancellation by the client, the deposit is non-refundable.

7.2 Rescheduling: The client may request to reschedule the project with at least 5 days’ notice. Rescheduling is subject to the Photographer’s availability.

  1. Liability

9.1 Limitation of Liability: TCP is not liable for any loss, damage, or injury arising from the client’s use of the images and videos.

9.2 Indemnification: The client agrees to indemnify and hold harmless TCP against any claims, damages, or expenses related to the client’s use of the images and videos.

  1. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of Colombia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Medellin, Colombia. 

By engaging in business with TCP, the client acknowledges that they have read, understood, and agreed to these terms and conditions.

Those Coffee People is committed to respecting human rights and labor standards based on the International Bill of Human Rights, including the Universal Declaration of Human Rights and the International Labour Organization’s (ILO) 1998 Declaration on Fundamental Rights and Principles at Work. These principles apply to all the stakeholders of Those Coffee People, its employees, and as far as we reach upstream and downstream of our supply chain.

1. Respect for the Laws and Rules in Force

We work in compliance with all the legislation in force in Colombia and with regards to the policies and guidelines here as described.

2. Work Environment

We have an unyielding commitment to respecting labor and human rights. It is the basis of our essential values. We are committed to the rights of children, adolescents and the elderly and we are against any form of child labor, labor analogous to slavery, neglect, discrimination, cruelty, violence, sexual exploitation, and pornography in GMT’s activities and in its value chain.

2.1 At TCP our employees and supplies have the right to non-discrimination; the right to be free from forced and child labor; the right to an association; and the right to just and favorable working conditions, including ensuring the health and safety of workers. As part of our commitment, we respect the rights of vulnerable groups, such as women, migrants, and seasonal and temporary workers, as well as the rights of indigenous communities. We are also committed to pursuing sustainable livelihoods within our Supply Chain to achieve a decent standard of living. We pay at least a minimum 15% above market value for all of our coffees.

2.2 We respect and value the differences as a fundamental condition for the existence of an ethical relationship, as well as social values regarding work and free initiative, as main basis for guiding acts and decisions. We reject any and every form of discrimination, whether related to origin, color, religion, race, gender, sexual orientation, political belief, or social class, being strongly against its occurrence in any activity.

3. Fraud, Corruption, or Bribery

We do not tolerate and/or corroborate any practice of fraud, corruption, or bribery, whether internally or externally, with Public or Private Administration, national or foreign.

4. Right to Fair Competition

We understand that the relationship with competition should be healthy and fair. We defend free competition and the real practice of a fair market. We have a sense of collectivity, and we work to maintain a friendly environment and trustworthiness in the market. We seek to lift up the entire specialty coffee ecosystem as a whole and play a productive part in the prosperity of the industry both in Colombia and worldwide.

5. Data Privacy and Protection:

We treat people with care, respecting individuals’ privacy and complying with applicable laws on personal data collection, storage, use, retention, transfer, and exclusion. Personal data generally includes information related to an individual enabling their identification. This information can be basic such as the name and date of documents or photographs, or even opinions or evaluations of other people on data or on someone.

5.1 We believe that confidentiality of and cautiousness with our stakeholders is personal and sensitive. information are essential for the success of the business, and the trust of our network.

6. Environmental

Our goal is to understand our potential impacts on biodiversity and communities in a way as to avoid, minimize and, when applicable, offset any generated impacts. Our network of farms work to reduce their negative impact on the environment and maximize positive impact through biodiversity programs, research into best methods of soil nutrition and pest control, as well as limiting water usage. We respect the Environmental Protection Areas legally designated and crucial areas of biodiversity.

Last Updated: December 05, 2022

Welcome to THOSE COFFEE PEOPLE located at THOSECOFFEEPEOPLE..COM (the “Website”). This Website is maintained and operated by THOSE COFFEE PEOPLE SAS(“Company”, “we”, “our” or “us”). YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT. WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at +57 3508686720, FROM 9 AM -5 PM EST

Authorized Use of Website: This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Company.

Unauthorized Use of Website: You may not use spiders, robots,data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website.

Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt. The Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website. circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use, or access, the Website to any third party without our prior written consent.

Website Property Rights

Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such as certain third party licensors.

By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions. No license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Company.

Links and ideas

No Ideas Accepted: We do not accept any unsolicited ideas to this Website from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy. You submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it.

You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual. world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Third Party Links: This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.

WARRANTIES

No Warranties: WHILE COMPANY USES REASONABLE. EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE. EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESSl OF INFORMATION ON THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY. KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT. PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER. EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH. SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT. DAMAGES EXCEEDING. THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

Changes

Changes: All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law.

Severability

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver

Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.