Terms & Conditions​

Entity: Minds Nest, Lda.
Address: Rua Cecílio de Sousa 1A, 1200-098 Lisboa
Email address: hello@themidnightespresso.com
Customer support: support@themidnightespresso.com

 

1. OWNERSHIP OF THE WEBSITE WWW.THEMIDNIGHTESPRESSO.COM

​

Minds Nest, Lda. (hereinafter also and interchangeably referred to as THE MIDNIGHT ESPRESSO), a trading company with its registered office at Rua Cecílio de Sousa 1A, 1200-098 Lisboa, registered at the Lisbon Commercial Registry with Tax Identification Number (NIF) 518366910, is the owner of the website www.themidnightespresso.com, making it available to the customers of The Midnight Espresso, with the purpose of providing a consistent service through which the customer may acquire products offered by this company via the Internet, through the aforementioned themidnightespresso.com domain, including the direct delivery of such products to the address indicated for this purpose.

 

2. GENERAL CONDITIONS OF PURCHASE AND ACCEPTANCE

​

The following General Conditions of Contracting shall expressly govern the commercial relationships arising between THE MIDNIGHT ESPRESSO and the users or clients who purchase the products offered by this company through themidnightespresso.com.

This website has been created in accordance with the applicable Portuguese legislation, namely in accordance with the provisions established in the following legal diplomas:
Decree-Law No. 7/2004, of 7 January, relating to electronic commerce and information society services;
Decree-Law No. 446/85, of 25 October, relating to general contractual clauses;
Law No. 24/96, of 31 July, Consumer Protection Law;
Decree-Law No. 24/2014, of 14 February, relating to distance and off-premises contracts; and
Decree-Law No. 290-D/99, of 2 August, relating to electronic signatures, in conjunction with Regulation (EU) No. 910/2014 (eIDAS Regulation).

These General Conditions of Purchase shall be supplemented by the General Conditions of Use and Navigation established for the website www.themidnightespresso.com, as well as by any other Particular or Specific Conditions of Contracting that may be established in each case.

Both browsing and the purchase of any product from www.themidnightespresso.com constitute acceptance by the user, without reservation of any kind, of each and every one of these General Conditions of Contracting, as well as, where applicable, the specific or particular conditions.

THE MIDNIGHT ESPRESSO may modify these General Conditions of Contracting at any time and without prior notice, as well as any particular conditions that may be included, by publishing such modifications directly on the website www.themidnightespresso.com, so that they may be known and accepted again by the users.

 

3. PRE-CONTRACTUAL INFORMATION

​

THE MIDNIGHT ESPRESSO informs that the purchase process for the products offered on its online page www.themidnightespresso.com may be accessed through the link available on the main page or homepage of this website.

The user declares that they are aware of and equally accept the General Conditions of Contracting set out below, as well as any other specific or particular conditions that may be unequivocally established at the time of purchasing certain products from www.themidnightespresso.com and which will be duly indicated on the screen during browsing.

Once the purchase has been completed, the user will see a confirmation of their order by means of an image verifying the order made. The order confirmation and proof of purchase (printed by the user) shall not be valid as an invoice.

 

4. USER OBLIGATIONS

​

The user undertakes to make proper use of the services and contents and not to use them for:

· Contents contrary to good faith, morals, public order, or any regulations infringing intellectual property, illicit or criminal activities, or any other rule of law.

· Disseminating content or advertising of a racist, xenophobic, or pornographic nature, justifying terrorism, or violating human rights.

· Introducing or spreading data programs (viruses or harmful software) likely to cause damage to THE MIDNIGHT ESPRESSO computer systems, its suppliers, or other users on the Internet.

· Transmitting to unauthorised third parties the username and passwords; and if the user becomes aware that an unauthorised person has obtained their credentials, they undertake to immediately notify the tea shop, which reserves the right to modify them in order to protect the service.

· Making available to other users, sending by e-mail, or in any way transmitting any content that, according to applicable regulations or contractual relationships, they are not authorised to transmit (such as privileged information, information protected by industrial or intellectual property rights, or information subject to confidentiality obligations).

· Transmitting unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) specifically designed for that purpose.

· Reproducing, duplicating, copying, selling, reselling, or exploiting for commercial purposes any section of the service, its use, or access to it is expressly prohibited.

 

5. FORMALISATION OF PURCHASE AND SALE

​

5.1. PRODUCTS OFFERED. PRICE INDICATION

​

The website themidnightespresso.com will display at all times the products available for sale, together with their specific characteristics and price.

THE MIDNIGHT ESPRESSO reserves the right to decide at any given time which products are available to users or customers through themidnightespresso.com. Thus, THE MIDNIGHT ESPRESSO may add new products to those already existing, which will be governed by the provisions of the General Conditions in force at that time.

Similarly, THE MIDNIGHT ESPRESSO reserves the right to withdraw, at any time and without prior notice, access to any of the products offered on themidnightespresso.com.

 

5.2. PRODUCT PRICE INDICATION

​

The price of each product will appear on the screen (except for typographical error). In cases where the price of the products is determined by weight, the price per kilogram or the price of the packaged product will be clearly indicated; in the latter case, the final price included in the purchase receipt will depend on the product’s actual weight.

Prices shown on the screen will be expressed in Euros (€) and include the corresponding Value Added Tax (VAT) and any other applicable tax. The prices indicated on the screen will always be the current ones.

 

5.3. MINIMUM PURCHASE

​

At THE MIDNIGHT ESPRESSO there is no minimum purchase requirement. However, the total amount of each purchase made by a customer may not exceed €1,000 (ONE THOUSAND EUROS).

 

5.4. AVAILABILITY

​

The availability of each product will depend on customer demand. For this reason, at the time of purchase, the customer may — where applicable — choose from several alternative products if the initially selected one is out of stock and therefore unavailable.

 

6. USER REGISTRATION

​

The formalisation of any commercial relationship with themidnightespresso.com through this website requires the prior registration of the customer or user.

Thus, the customer who so wishes may register by completing the fields available on the homepage of this website. From that moment, the user will become a registered customer of themidnightespresso.com and will be able to access all the services it offers.

THE MIDNIGHT ESPRESSO reserves the right to cancel the username and password, and therefore access to this website, of any users who have negative balances or outstanding debts with THE MIDNIGHT ESPRESSO.

 

7. PAYMENT OF PURCHASE AND SALE

​

Payment of the price of the goods purchased and the shipping costs — both of which will appear on the screen — may be made either by credit card, debit card, or according to the payment methods indicated on the screen at any given time.

To make payment, the User must follow each and every instruction shown on the screen and provide the following information:
a) Type of card;
b) Card number;
c) Expiry date; and
d) Any other information requested on the screen.

As an electronic payment system, THE MIDNIGHT ESPRESSO has installed a secure e-commerce payment platform. All data provided for this purpose are encrypted to ensure maximum security.

Accordingly, THE MIDNIGHT ESPRESSO reminds users that it does not store, under any circumstances, the data provided through the payment platform; these data are only retained while the purchase and payment are being made and until the withdrawal period has expired.

 

7.1. HOW TO REQUEST YOUR INVOICE

​

In order for the Customer to receive an invoice, it is essential to select the “I want an invoice” checkbox (available in your user area or in the purchase process form) and to fill in the Tax Identification Number (NIF) field in the order form.

Otherwise, the invoice cannot be issued.

 

8. RETURNS

​

The purchaser has the right to withdraw from this contract within 14 calendar days, without the need for justification.

The withdrawal period expires 14 calendar days from the day on which the purchaser, or a third party indicated by the purchaser (and always different from the carrier), acquires material possession of the goods.

To exercise the right of withdrawal, the purchaser must notify THE MIDNIGHT ESPRESSO by e-mail at the following address: support@themidnightespresso.com, indicating the following information:

(i) Name and address.
(ii) Order number.
(iii) Unequivocal statement of withdrawal.

To comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right by the purchaser is sent before the expiry of the corresponding deadline.

Consequences of withdrawal: In the event of withdrawal by the purchaser, THE MIDNIGHT ESPRESSO shall reimburse all payments received for the order, excluding delivery costs, without undue delay and in any case no later than 14 calendar days from the date on which THE MIDNIGHT ESPRESSO is informed of the purchaser’s decision to withdraw from this contract.

In all cases, the purchaser shall bear the direct cost of returning the goods. For returns from Spain, this cost is estimated at approximately €7 (SEVEN EUROS), and for returns from outside Spain at approximately €10 (TEN EUROS).

THE MIDNIGHT ESPRESSO will make the reimbursement using the same means of payment used by the purchaser for the initial transaction.

THE MIDNIGHT ESPRESSO may withhold the reimbursement until it has received and examined the goods, or until the purchaser has provided proof of their return, whichever condition is met first.

Once the purchaser’s notice of withdrawal has been received, THE MIDNIGHT ESPRESSO will arrange the collection of the order at the address specified by the purchaser without undue delay and, in any case, no later than 14 calendar days from the date on which the purchaser communicated their decision to withdraw from the contract.

The purchaser will be solely responsible for any reduction in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

 

9. CUSTOMER SERVICE

​

Your opinion is essential to The Midnight Espresso. If you have any suggestion, question, or comment, please contact us. For this purpose, themidnightespresso.com provides the e-mail support@themidnightespresso.com, and we will respond within 48 working hours.

 

10. HOME DELIVERY SERVICE

​

10.1. PREPARATION AND SHIPPING COSTS

​

The costs of preparation, packaging, preservation, transport, and delivery of orders with destination within Portugal are €7 (SEVEN EUROS) per order, not applicable to shipments whose final amount exceeds €20 (TWENTY EUROS) per order.

The same costs for orders with destination Spain are €10.50 (TEN EUROS AND FIFTY CENTS) per shipment, not applied to orders exceeding €45 (FORTY-FIVE EUROS) per order.

 

10.2. ORDER TRACKING

​

The customer may check the status of their order at any time. For this purpose, The Midnight Espresso provides the contact e-mail support@themidnightespresso.com, and we will respond within 2–3 working days.

 

10.3. DELIVERY SCHEDULES

​

Orders may be delivered to the address indicated by the customer for that purpose, from Monday to Friday (except public holidays).

Municipal regulations on traffic in the historical centres of certain cities may restrict vehicle circulation to specific hours.

 

10.4. ORDER DELIVERY

​

THE MIDNIGHT ESPRESSO undertakes to deliver the goods purchased by the customer to the address specified in the order form (products will not be delivered to post-office boxes or public places) within the period indicated for each product and, in any event, within thirty (30) calendar days from the order date.

Express-delivery costs shall also be borne by the purchaser.

If the customer is not present at the time of delivery, the order may be delivered to any other person at the indicated address who is over 18 (eighteen) years of age. THE MIDNIGHT ESPRESSO presumes that the customer authorises such person to receive the order on their behalf. It is therefore the customer’s sole responsibility to authorise a third party to receive and accept the purchase at the delivery address.

Delivery will take place at the address indicated by the customer, and the recipient must sign the corresponding delivery note. Normally, the order will be delivered within 24–72 working hours, although during peak periods (for example, Black Friday) deliveries may be delayed up to the previously stated maximum date.

If the product arrives damaged due to transport, the customer must note this on the carrier’s delivery slip and contact our Customer Service within 24 hours of receipt in order to file a claim. After this period, THE MIDNIGHT ESPRESSO will not be liable for any claim for this reason. The courier will provide a receipt/purchase slip/invoice that must be signed by the purchaser.

 

10.5. DELIVERY AREAS

​

The home-delivery service currently covers Portugal and Spain, except for the Balearic Islands, Canary Islands, Ceuta, and Melilla.

 

11. INTELLECTUAL, INDUSTRIAL, AND OTHER PROPERTY RIGHTS

​

THE MIDNIGHT ESPRESSO is the sole owner of all intellectual, industrial, and similar property rights that may apply to the Website. Furthermore, all rights are reserved in favour of THE MIDNIGHT ESPRESSO over any content, services, or other proprietary elements incorporated into the Website, including but not limited to: the visual elements and graphic design of the web pages composing the Website; the navigation architecture; the source code of the web pages; photographs, recordings, computer programs, databases, technology, logos, and distinctive signs.

Users are not permitted to copy, distribute (including by e-mail or the Internet), transmit, communicate, modify, alter, transform, transfer, or carry out any other commercial exploitation of the Website, its pages, content, or elements, in whole or in part, without the express written consent of the legitimate holder of the exploitation rights. Accessing or downloading Contents and/or Services shall always and in all cases be solely for strictly personal and non-commercial purposes.

 

11.1. TRANSFER TO THIRD PARTIES

​

The user may not assign, transfer, encumber, or subrogate in favour of third parties the rights and obligations under these Terms and, where applicable, under the Programme.

THE MIDNIGHT ESPRESSO may assign, transfer, encumber, or subrogate in favour of third parties, in whole or in part, the rights and obligations arising from the contractual relationship set out herein and its contractual position to third parties, the following clause granting the user sufficient authority for this purpose.

 

12. APPLICABLE LAW

​

These General Conditions of Use, the relationship existing between THE MIDNIGHT ESPRESSO and the User in respect thereof, as well as any matters that may arise from access to and/or use of the same, shall be construed and interpreted in accordance with Portuguese law and shall be settled by the competent courts and tribunals.

 

13. LEGAL GUARANTEE

​

For purchases made from 28 November 2025, THE MIDNIGHT ESPRESSO shall be liable for any lack of conformity existing at the time of delivery, provided it is reported within three years. Unless proven otherwise, it shall be presumed that any lack of conformity that becomes apparent within two years of delivery already existed at that time, except where such presumption is incompatible with the nature of the product or the lack of conformity.

If the product does not conform to what was contracted, the consumer has the right to its replacement or repair, unless one of these two remedies is impossible or, compared with the other corrective measure, would impose disproportionate costs on THE MIDNIGHT ESPRESSO, taking all circumstances into account.

Corrective measures shall be free of charge for the consumer, carried out within a reasonable period, and performed without major inconvenience to the consumer — all in accordance with Law No. 24/96, of 31 July (Consumer Protection Law).

 

14. OUT-OF-COURT DISPUTE RESOLUTION

​

The European Commission provides an online dispute-resolution platform available at the following link:
https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en?prefLang=pt

 

15. COMPLAINTS

​

Official consumer complaint forms are available to users and may be accessed via the following link:
https://www.livroreclamacoes.pt/Inicio/