Terms and Conditions for Cuberious SL, Spain.
1.1 "Buyer" means the person and/or organization who buys or agrees to buy the Goods from the Supplier;
1.2 "Consumer" shall have the meaning as described:
Generally speaking, a consumer is defined in Spanish law as a natural person who buys goods or a service for personal use or consumption from someone whose business it is to sell goods or provide services. By law, you are not a consumer if you:
- Receive goods as a gift
- Buy goods for commercial purposes (i.e. you will be using the goods for commercial and not private use)
- Buy goods for private use that are normally used for business purposes
- Buy goods from an individual who is not in business (i.e. you buy a car from an individual whose normal business is not selling cars)
1.3 “Consumer Buyer” is a Buyer who is a Consumer.
1.4 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.5 All Contracts are protected by Sale of Goods and Supply of Services Act, 1980
1.6 "Goods" or “Products” means the items that the Buyer agrees to buy from the Supplier;
1.7. “Made to Order Goods” means items which are bespoke or custom made, which have been made, modified to the Buyer’s own taste, adapted or altered in any way by the Supplier in accordance with the Buyer’s own specification and choice. So, for example, where the Buyer chooses the fabric and finish of furniture, this is made to order.
1.8. “Standard Goods” are goods which are not Made to Order Goods and where the Buyer has no choice or input. So, for example, where the Buyer chooses a painting and has no choice of frame or finish etc, this is a Standard Product.
1.9. "Supplier" means Cuberious SL Spain. A company registered in Spain as Cuberious SL. Whose company number is xxxxxx.
whose VAT number is xxxxxxx.
1.10. "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier; “
1.11. "Website" means www.cuberious.com
1.12. “Working Days” means any Monday to Friday from 1pm to 4pm GMT excluding all Public and bank holidays in Spain.
2.1. These Terms and Conditions apply to all contracts for the sale of Goods by the Supplier to the Buyer and will prevail over any other communication, agreement or documentation from the Buyer. Nothing in these Terms and Conditions is intended to affect a Buyer’s statutory rights as a Consumer.
2.2. If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3. Any special conditions which apply will be set out in an email to the Buyer and will form part of these Terms and Conditions.
2.4. These Terms and Conditions can only be varied if the Supplier specifically agrees in writing.
2.5. The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (including any special or varied terms and conditions accepted by the Buyer upon purchase).
3.1. To place an order the Buyer must use the Order process described at FAQ .
3.2. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
3.3. If the Supplier is unable to supply the Goods then the Supplier will notify the Buyer. The Buyer can either choose to wait until those goods are available or can receive a full refund within 28 days.
2.6. Any complaints by the Buyer must be in writing to the Supplier’s address stated in clause 1.9 above.
04. PAYMENT AND PRICES
4.1. The price of the Goods is inclusive of VAT and as displayed on the website and as the Buyer has finalised their choice of made to measure goods. Prices include delivery charges where applicable. The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed.
4.1a. The total price, VAT (where applicable) and delivery, will be displayed and confirmed upon checkout before the order is confirmed.
4.2. Payment of the price plus any applicable VAT and delivery charges must be made in full before order is processed.
4.3. Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including details of the Goods ordered and the price) together with any applicable consumer cancellation rights.
4.4. The total price you pay for the goods will be shown at the checkout. The Supplier is entitled to adjust the advertised price to take account of any increase in our supplier's prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should the Supplier have cause to adjust the price you will be offered the opportunity to cancel the order before the despatch of the goods.
4.5. In the event a product is listed at an incorrect price due to the above (see clause 4.4) the Supplier shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
4.6. Payment is taken at the time of ordering, regardless of the specified lead time stated.
4.7. Rules for use of discount codes: Discount codes you get from our newsletter or other promotions cannot be combined with other discounts and sale items. Once you've written your discount code in the box, your discount will be deducted from the final amount while the general rate discount - described at the top of this page - will be automatically deducted without you having to do anything. It is not possible to use two discount codes in the same order. If you have two discount codes, you must therefore choose which one you want to use.
05. SUPPLIERS RIGHTS
5.1. The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
5.2. The Supplier reserves the right to refuse any order without liability.
5.3. Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.
5.4, Where any payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.
6.1 Free Deliveries are to Mainland Spain and Mainland Scotland only. Deliveries to the UK, Great Britain, Norther Spain, Channels Islands, Ise of Man and the Shetlands are available at extra cost. All deliveries at to the front door or curb side depending on the size of the item or the delivery service used. Access must be available for lorries up to 7.5T in size. Is this not possible, an extra charge will be applied for a dedicated vehicle.
6.1.1 1. White Glove Delivery - Parking must be provided and paid for if metered. If parking is not available on the day of delivery, parking in a restricted area may be given as an option. If this is chosen and a penalty ticket is issued the customer will have to bare the cost. If no parking is available the driver may have to come back on another day at an additional charge.
6.2 However, the Buyer must be aware that all risk in all Goods passes to the Buyer at the time of delivery of the Goods to the Delivery Address and that as from such time, including during any subsequent transit time, the Buyer shall be responsible for the Goods and responsible for any additional costs connected with the Goods, including transit, import duties, local taxes and insurance costs. Where the Buyer arranges the collection and onwards delivery of Goods with a third-party carrier, the Buyer will be entering into a contract directly with the third-party carrier. The Buyer can contact the Supplier at [email protected] . If a prospective Buyer wishes to use another third-party carrier, then the prospective Buyer should contact the Supplier at [email protected] before ordering.
6.3 Made to Order Goods will normally be available at the Delivery Address between 10 to 16 weeks after the Order and payment are received by the Supplier. Standard Goods will normally be available at the Delivery Address five Working Days after the Order and payment are received by the Supplier. Sometimes delays beyond this time period can occur which our out of our control. If this does happen, Cuberious SL cannot be held responsible for any financial or non-financial penalty.
6.4. Where the Buyer arranges the collection and onwards delivery of Goods with a third-party carrier, then the time of that onwards delivery for such Goods will vary and is at the Buyer’s own risk.
6.5. The Supplier will use all reasonable endeavours to adhere to any agreed dates for delivery of the Goods to the Delivery Address and any agreed dates for collection by the Buyer or a third-party carrier, but time shall not be of the essence. However, when the Supplier cannot adhere to an agreed date, the Supplier will notify the Buyer to agree an alternative date. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery or collection date.
6.6 The title in Goods will only pass to the Buyer upon cleared full payment of the price and on delivery of the Goods to the Delivery Address. Risk in any Goods passes to the Buyer on delivery of those Goods to the Delivery Address. Delivery will only be taken to street level, between 9am and 6pm Monday-Friday.
6.7. It is the Buyer’s responsibility to examine the packaging and Goods very carefully for any damage, immediately upon collection or receipt from a third-party carrier. If there is any damage at all, for example, packaging shows signs of being torn or squashed, the Buyer must notify the Supplier by email to [email protected] on the day it collects the Goods or receives them from the third-party carrier. In addition, where the Buyer is signing to collect a package that appears damaged in any way then the Buyer must sign and write “Received Damaged'. Damaged goods must be notified to us on the day of delivery. Otherwise it will be deemed that the goods arrived in perfect condition.
6.8. Buyers must take care when opening packaging. The Supplier cannot be responsible for any damage caused as a Buyer removes packaging, for example, if the Buyer uses a knife to remove packaging and Goods are torn.
6.9. Undelivered consignments – Any items returned to our carrier as failed deliveries due to buyers not being available will charged for a second delivery. This also occurs as a result of incorrect delivery addresses being provided.
6.9.1 The products will be delivered to the address provided on your order form. If this should need changing for any reason you must notify us before it has been sent. Heavy, large and bulky items will be palletised. These items will be delivered to the front of the building only. The driver will not bring the pallets inside your home. The pallet delivery companies do not insure their drivers to enter private property and therefore, can only deliver to the ground floor and outside of the building. For an additional fee there maybe the possibility for a white glove service. This is quoted for on a case by case base and at the request of the customer.
07. DAMAGED OR FAULTY GOODS
7.1. It is every Buyer’s duty to fully inspect Goods and please refer to clause 6.7.
7.2. Where a Buyer is aware that packaging is damaged then they must notify the Supplier in accordance with clause 6.7 above.
7.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective in that they do not comply with the Order, then the Buyer must notify the Supplier by email to [email protected] within 14 days of the date of collection by the Buyer or, if later, delivery by the third-party carrier. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
7.4. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Supplier’s and the Buyer wishes to make a claim of defect or damage, then:
7.4.1 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Supplier may be unable to deal with the Buyer’s complaint.
7.4.2 If the Supplier agrees to replace the product then they will make arrangements with the Buyer to collect the damaged or otherwise defective Goods from the Buyer and replace them. The replacement Goods will be delivered to the Delivery Address in accordance with clause 6.
7.4.3 The supplier will examine the Goods and determine whether the defect is the fault of the Buyer or the Supplier. Where the fault lies with the Buyer the Goods will be returned to the Buyer by delivery to the Delivery Address within 14 days of receipt of the delivery charge being paid by the Buyer. The delivery rate will normally be charged at same rate paid by the Buyer for the original delivery.
7.4.4. Where any fault lies with the Supplier, in view of the Goods sold, a replacement will normally be dealt with within as soon as the Supplier is able, from the date that the Buyer notifies the Supplier of a defect. However, we reserve the right to offer a refund or compensation. Refunds and compensation are normally paid within 28 days of the date that the Buyer notifies the Supplier of a defect.
7.5. Where returned Goods are found to be damaged due to the Buyer’s actions then the Buyer will be liable for the cost of remedying such damage.
08. CANCELLATION RIGHTS AND RETURNS
8.1. This clause refers to additional rights which Buyers who are consumers may have.
8.2 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you place your order, providing your goods have not already been dispatched or have been put into production by the factory. To cancel your order, you must notify us in writing, either to [email protected] quoting your name and order reference or by post to: Cuberious SL Spain.
Items that are made to order and not in stock cannot be cancelled or returned after 7 working days from the date of order.
8.3. Where Consumer Buyers exercise their statutory rights to cancel then, the Goods must be returned by the Buyer, at the Buyer’s expense, within 14 days of cancellation. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. The Buyer requests that in the case of such cancellations Goods be returned in the original packaging with adequate insurance during the return journey.
8.4. Where a Consumer Buyer exercises their statutory rights to cancel then they will receive a refund of all monies paid for the Goods, except for any costs associated with return postal/transit charges in respect of the Goods it returns to the Supplier. This will be made using the same method of payment that the Consumer Buyer used when purchasing the Goods.
8.5. If the Consumer Buyer exercises their statutory right to cancel the contract, but has not taken care of the Goods until they have been returned to and received by the Supplier, or does not return the Goods to the Supplier in their original and undamaged packaging or fails to return the Goods to the Supplier, then the Supplier shall be entitled to deduct from its refund to the Consumer Buyer (as set out in clause 8.4) all such amounts as are reasonably necessary for it to repair or replace the Goods and/or their packaging and/or recover the Goods from the Consumer Buyer (as appropriate). This amount is at the discretion of Cuberious SL and can be up to 30% of the original purchase price. Our returns process is available HERE .
8.6. Free Returns are available for in stock items only and apply for all orders placed before the 29th Mai 2019. Free Returns do not apply to Dining Tables or Sofas. Free Returns does not apply to Trade Customers.
8.7. Returns and refunds can take up to 10 working days to investigate before updates are given.
8.8. Products that cannot be returned are any products that have been installed and any made to order items.
9.1 The Supplier offers a 14-day satisfaction guarantee period for all of Goods. If the Buyer is not happy with any Goods, they can return the Goods for any reason.
9.2. Where the Buyer wants to take advantage of the 14-day satisfaction guarantee, then the Buyer must contact the Supplier by email at [email protected] within 14 days of the date of collection of the Goods by the Buyer or third-party carrier.
9.3. Goods must be returned by the Buyer, at the Buyer’s expense, within 14 days of the Buyer’s notification to the Supplier in accordance with clause 9.2 above.
9.4. Goods must be returned in the original packaging with adequate insurance during the return journey and must be in the same condition as when they were dispatched by the Supplier.
9.5.1. The Supplier expects the Goods to be returned in good condition. Within 14 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
9.5.2 If the condition is acceptable then the Supplier must make arrangements to refund the Buyer within 28 days of the date of the Supplier’s inspection. Refunds will be made using the same method of payment that the Buyer used when purchasing the Goods. The return cost for delivery is non-refundable.
9.5.3 If the condition is unacceptable then the Buyer must make arrangements for collection of the Goods within 28 days of the date of the Supplier’s inspection.
9.5.4 Where Goods are not collected by the Buyer or the third-party carrier within 100 days of the date of the Supplier’s inspection then the Supplier will assume no responsibility for returning the goods to the Buyer.
9.6. Buttons are limited to a 6-month warranty only. Where applicable, Cuberious SL will have a service technician repair this in the home or the customer may need to take the item to a local upholsterer and Cuberious.com will absorb the pre-approved cost of repairs not including any transportation cost for the six-month term only.
10. FAULTY GOODS GUARANTEE
10.1. In addition to any applicable Consumer and/or statutory rights, the Supplier offers a manufacturer’s guarantee. The manufacturer guarantee is that the materials and workmanship of the Goods will be free from defects for a period of one year (12 months) from the date that the Goods were collected by the Buyer or the third-party carrier.
10.2. However, this entire Clause will not apply if a fault arises due to:
10.2.1. abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or
10.2.2. Any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.
10.3. Where Goods are faulty the Buyer must contact the Supplier by email at [email protected] within 7 days of the discovery of the fault or within 7 days of the collection of the Goods where the Goods were faulty on collection or there is any problem with the order.
10.4 Faulty Goods must be returned by the Buyer, at the Buyer’s expense, within 7 days of the Buyer’s notification to the Supplier in accordance with clause 8.2 above.
10.5 The Supplier requests that the Goods are returned in the original packaging with adequate insurance during the return journey.
10.6. Within 30 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
10.7. If the Supplier accepts that the Goods are faulty then the Supplier will make arrangements to refund the Buyer within 30 days of the date of the Supplier’s inspection. Refunds will be made using the same method of payment that the Buyer used when purchasing the Goods. The Buyer will also be refunded all reasonable delivery costs.
10.8. If the Supplier does not accept that the Goods are faulty then the Buyer must make arrangements for collection of the Goods within 28 days of the date of the Supplier’s inspection.
10.9. Where Goods are not collected by the Buyer or third-party carrier within 100 days of the date of the Supplier’s inspection then the Supplier will assume no responsibility for returning the goods to the Buyer.
11. LIMITATION OF LIABILITY
11.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents or for any liability which cannot be limited or excluded by law.
11.2. The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
11.3. Time shall not be of the essence and the Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods to the Delivery Address by any agreed date.
11.4. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
12. USE OF PRODUCTS AND RESPONSIBILITY
12.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
12.2. Furthermore, the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
12.3. With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
12.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
12.5. The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause 9.
12.6 Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and/or expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.
Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
15. INVALIDITY AND SEVERANCE
Each clause or any part at all of these Terms and Conditions is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions.
16. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and interpreted in accordance with Spanish law and the Spanish courts shall have exclusive jurisdiction to resolve any disputes.
17. FOREIGN TAXES AND IMPORT DUTIES
The prices on our site are Spanish VAT inclusive (23,5%). Foreign orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination country, you must check with your local authorities to find out what charges are applicable.
18. INTERNET SECURITY TECHNOLOGY
When you place an order with us using our secure online order form and web browser such as Microsoft’s Internet Explorer, Google Chrome, Firefox, Safari or other Browsers, the order is encrypted. The use of SSL encryption scrambles data sent from the browser to the www.cuberious.com server in a way that only Cuberious SL can access.
19. SAFEGUARDING PERSONAL INFORMATION
19. 2. Please check back from time to time to ensure you are aware of any changes in our privacy practices. Your continued use of our site will signify your acceptance of these changes.
20. 1. The majority of the seller’s products are “REPRODUCTIONS”. They cannot and should not be called “ORIGINALS” by any of our resellers. In some cases, the original names might have copyright protection or have a trade mark thus all customers must point out that the furniture is a reproduction and not an original. All the classic furniture is made to the highest standard matching the originals. Your Statutory Rights are not affected by any of the following terms and conditions.
Cuberious SL. Registered in Spain. Phone: +34 xxx-xxx-xxxx email: [email protected]
Version 2.09 – Date 1st of March 2019.