CUBRO

TERMS AND CONDITIONSONES

 

ConditiononeGeneral Conditions of the Use of the Portal

Information and services

Users can access different types of information and services through the Portal. The Portal reserves the right to modify, at any time, and without prior notice, the presentation and configuration, the information, the products and services offered on the Portal. It is recommended that the User periodically consult the contents that appear on the Portal.

 The User expressly acknowledges and accepts that at any time the Portal may interrupt, deactivate and/or cancel any of the information, products or services. The Portal will make its best efforts to try to guarantee the availability and accessibility of the Portal. However, on occasiononeyes, by reasonones of maintenance, update, change of location, etc., you can suponer the interruption of access to the Portal.           

The Portal offers access to information, products and/or services, and does not provide any equipment, material or service to access them. For correct access and use of certain information and services, the User must download certain programs to his computer.        

The Portal does not intervene in the creation of those contents and/or services provided or supplied by third parties in and/or through the Portal, nor does it control their legality. In any case, it does not offer any kind of guarantee on them. The User acknowledges that the Portal is not and will not be responsible for the content and/or services provided or supplied by third parties in and/or through the Portal. The User accepts that the Portal will not assume any responsibility for any damages or losses caused as a result of the use of this information or services of third parties.

Obligationones of the User

The User must respect the content established in the Portal at all times. The User expressly states that he will use the Portal diligently and assuming any responsibility that may arise from non-compliance with the rules.        

The User undertakes not to use the information, products and/or services offered from the Portal for making decisions.ones with implicationones economic since you know that said information, products and / or services are not updated and may contain inaccuraciesoneI'm typos.

The User may not use the Portal for activities contrary to the Law, morality and public order, as well as for prohibited purposes or that violate or harmonen rights of third parties. Likewise, the dissemination, storage and/or management of data or content that infringe the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.     

Availability of the information, products and services of the Portal

The Portal does not guarantee the continuous and permanent availability of products and services, thus remaining exoneexempt from any liability for possible damages caused as a result of the unavailability of the products and services due to force majeure or errors in the telematic data transfer networks, beyond their control, or byonexiones carried out for work to improve or maintain computer equipment and systems. In these cases, the Portal will make its best efforts to notify the interruption 24 hours in advance. The Portal will not be responsible for the interruption, suspension or termination of the information or services. Likewise, it is not responsible for possible omissionsones, loss of information, data, configurationones, improper access or violation of confidentiality that originate in technical problems, communication,oneyour omissionones human, caused by third parties or not attributable to the Portal. Nor will it be liable for damages caused by computer attacks or caused by viruses that affect computer programs, communication systems,oneor equipment used by the Portal, manufactured or provided by a third party. The Portal may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without prior notice access to information and services to those Users who fail to comply with the rules contained in the Portal.

Responsibility of the Portal

The User knows and accepts that the Portal does not grant any guarantee of any nature, whether express or implicit, on the data, content, information, products and services that are incorporated and offered from the Portal. 

Except for the cases that the Law expressly imposes otherwise, and exclusively to the extent and extent to which it is imposed, the Portal does not guarantee or assume any responsibility with respect to possible damages caused by the use and use of the information, data, Portal products and services.

In any case, the Portal excludes any liability for damages that may be due to the information, products and/or services provided or supplied by third parties other than CUBRO. In this case, all responsibility will be of the third party, whether supplier, collaborator or other.

Conditionones Contracting General

1. Introduction

The present conditionsonegeneral terms of contracting (hereinafter, the “Conditionones General”), together with the budget and its annexes (hereinafter, the “Budget”), constitute the existing contract between the company CUBRO DESIGN, SL (hereinafter, “CUBRO”) and the client (hereinafter, the “Client”), both determined in the Budget.

 CUBRO DESIGN, SL is domiciled in Madrid (28010), at calle Fernandez de la Hoz number 38, with CIF number B-88.346.663 and registered in the Mercantile Registry of Madrid in volume 38677, folio 187, sheet M-687728. Contact phone: 672.173.343

The Budget and the annexes that the Client and CUBRO subscribe in each case, will be incorporated into these Conditionsones General, constituting with an inseparable character, the contract in force between both parties (hereinafter, the "Contract").

In case of contradiction between the provisions of the Conditionsones General and the Budget, what is established in the accepted Budget will prevail, in any case.

2. Objeto

The purpose of the Contract is to regulate the terms and conditionsoneI know what CUBRO will provide the Client with the different services contracted by the latter in exchange for the corresponding consideration to CUBRO.

The conditionsones specific to the acquisition of products and/or the provision of services contracted by the Client will be specified in the Budget that CUBRO and the Client agree in each case.

The Contract will be understood as perfected when the Client signs the Budget and abone the corresponding initial payment. The signing of the Quote may take place through a legally valid means, expressly including the possibility of a digital signature through a means that allows adequate verification of the Client's identity and the provision of their consent to the content of the Quote. Once the Budget is perfected, it will be understood that the Client accepts the Contract without reservations, being fully valid and binding, and will display all its effects.

In no case does the Contract include services that are not included in these Conditions.ones General, in the Budget and annexes, unless the Client requests any modification in this regard, which will be invoiced separately.

The prices that appear on the Portal are shown in euros. The Client will always know the price and characteristics of the products prior to their acquisition, these being detailed and determined in the Budget. The prices that appear on the Portal are accurate and include the corresponding VAT. However, having CUBRO the power to modify the Portal at any time, without prior notice, it is recommended that the User periodically consult the terms and conditionsones that appear in the Portal, but once the Budget is accepted, in the event that CUBRO modify the prices, for the Client the price that appears in the accepted Budget will prevail.

CUBRO will supply the products and provide the services that the Client contracts.

3. Specificationonetechniques

CUBRO undertakes to supply the products and/or provide the services described in the Budget strictly complying with the quality and specificationones techniques, in accordance with the regulations that are mandatory.

CUBRO may assign or subcontract to third parties for the supply and provision of services without the prior, express and written consent of the Client.

4. Hiring process

CUBRO will offer the Client its products and services through its website, https://cubrodesign.com/, online platform owned by CUBRO (hereinafter, the "Portal”), or through channels in which CUBRO has the necessary rights duly licensed as well as through any other means or system that could enable CUBRO for that purpose in the future.

The Client who is interested in the products and/or services must fill out a form with questions pre-established by CUBRO available on the Portal or in the applicationsones of social networks, which will allow CUBRO can contact the Client, or the Client can have a conversation with the Portal assistant named Jorge.

It will be understood that the Client, when completing the form and/or having a conversation with the assistant, provides CUBRO the data freely and voluntarily, consenting and expressly authorizing that CUBRO automatically collect and process all the personal data that is requested, and thus, be able to register the Client, as it is necessary data to carry out the purposes and objectives that are detailed throughout the Contract.

After registering, the Client is accepting that CUBRO can send you its updated catalog with products and prices.

The Client may only purchase samples of the products through the Portal. The cost of the samples will be deducted in the event that the Client decides to purchase the products, and where appropriate, it will be reflected in the Budget.

In the event that the Client continues to be interested in the products and/or services of CUBRO, the Client must:

  • Inform CUBRO of the list of products and/or services that you are interested in contracting.
  • Send to CUBRO the project from the IKEA® planner, or by sending the elevations and plans, if they are in your possession.
  • Indicate all personal data, as well as a contact telephone number and email address, to be able to issue the invoice upon delivery of the product and/or provision of the service
  • Indicate where the products should be sent and/or the services provided. Keep in mind that shipping costs depend on the destination of the shipment.
  • Indicate when they will need disponer products or services. In the budget CUBRO will determine the estimated delivery time of the products and/or services.
  • Specify if you request the assembly and installation of the products, because supone an added cost that CUBRO must reflect in the Budget.
  • Specify if you request delivery at street level or if you prefer delivery to be at home, because certain products are delivered by default at street level. If the delivery is at home and requires an additional cost, this cost will be reflected in the Budget.
  • Specify if already availableone of IKEA® products or if CUBRO You must purchase them in advance. If CUBRO should acquire the products by the Customer, the latter must expressly authorize it.

With all the data provided CUBRO may prepare and provide the Client with the Budget and the attached documents, taking into account the part of products and/or services that will be directly provided CUBRO will be called "budget CUBRO XXXX” and the part that will indirectly lend, planner IKEA®, will be called “IKEA XXXX”.

The Budget will be valid for two (2) months from the date of receipt.

The Client, after receiving the Budget, may request the clarificationsonew/o modificationones of the products and services, as well as requesting samples (with the corresponding cost) and arranging visits in the Showroom of CUBRO. In the event that the Client definitively accepts the Budget and has purchased the samples, the amount paid for the samples will be deducted.

Once the Budget is closed, the Client must sign it and provide it to CUBRO, as well as pay the corresponding first payment. In the event that the Budget is closed, the Client requests any additional product or service not previously contracted or, where appropriate, if any modification of these proceeds, CUBRO reserves the right to modify the accepted Budget, as well as the dates of delivery of the products and/or provision of the services.

The Client must comply with the conditionsones of payment indicated below, unless other conditions are established in the Budget.ones:

-        At the signing of the Budget: The Client must pay CUBRO 50% of the Budget of the Fronts CUBRO as specified in the Budget summary. Likewise, if the Client has commissioned CUBRO the acquisition of IKEA® products, you must pay 100% of the amount corresponding to IKEA that appears in the Budget summary.

-        On delivery of the product: The Client must pay CUBRO 50% of the amount corresponding to Fronts CUBRO as specified in the Budget summary. In the event that the client has commissioned CUBRO assembly and installation, you must pay 50% of the amount corresponding to Fronts CUBRO and 50% of the amount corresponding to assembly and installation that appears indicated in the summary of the Budget.

-        Upon completion of assembly and installation: The Client must pay CUBRO 50% of the amount corresponding to assembly and installation that appears indicated in the summary of the Budget.

The Budget will be valid for two (2) months and, consequently, if after two months have elapsed without the Client signing and proceeding to the payment that corresponds to disburse according to the Budget, the Budget will be invalid and, therefore, , will be without effect, and the Client will have to arrange a new Budget with CUBRO. In the event that an initial disbursement is foreseen in the Budget and the Client only signs the Contract, without disbursing the agreed initial amount, it will be understood that the Client has not accepted the budget.

CUBRO, in general, expects to deliver its products after 45 days from the acceptance of the Budget and/or from, depending on the workload, as well as the availability of the product and, consequently, CUBRO will indicate at the time of acceptance of the Budget the estimated term expected to deliver the product. The delivery period will be suspended until the Client does not subscribe and abone the initial amount foreseen in the Budget.

In the same sense, if the Client has contracted assembly, installation and/or logistics services, the services will be suspended until the Client does not abone a CUBRO the amount provided for the aforementioned services in the Budget.

The Budget does not include the conexion of water, gas, electricity and coneelectrical xion of lighting.

Assembly and installation

In those cases where an assembly proceeds, it will be billed according to the assembly billing rates present in the budget and the conditionsones framework of Law 23/2003, of July 10, on Guarantees in the Sale of Consumer Goods. The assembly budget of a project will be conditioned and subject to changes according to the conditionsones observed of the property at the time of the verification visit. The rescheduling of the assembly date for reasons beyond CUBRO Design SL by reasonones of non-completion of masonry, plumbing, installation works,oneGas and electricity bills or any work planned and not executed during the course of the work will entail an additional cost of €150 for each day of work canceled for the reasons mentioned above. Thus, the rescheduling of the assembly date due to the lack of goods necessary for the installation, such as electrical appliances and other items committed and not provided by the client, will entail the extra cost mentioned in the previous section.

5. Obligationones of CUBRO

CUBRO It is forced to:

  • Deliver the products, provide the services that the Client contracts and comply with the obligationsones established in the Contract according to the terms and conditionsones established therein and in accordance with the provisions of current legislation and good faith.
  • Provide the Client with information on the products and services offered.

6. ObligationoneCustomer's

The Client undertakes to:

  • pay the fees of CUBRO in accordance with the terms and conditionsones agreed in the Contract and all additional costs accrued as a result of any modification requested by the Client.
  • Report the data CUBRO requires for the good purpose of the delivery of the products and/or provision of services, as well as for the delivery and sending of the invoice.
  • communicate to CUBRO as soon as possible after the cancellation or withdrawal of the contracted products or services. However, the Client must take into account when he may cancel or withdraw, a circumstance that is regulated in the section on “Return & Refund policy".
  • Comply with the obligationsones established in the Contract according to the terms and conditionsones established therein and in accordance with the provisions of current legislation and good faith.

     

7 Billing

CUBRO will issue the corresponding invoice to the Client for the products purchased and/or for the services provided in accordance with the requirements established by current legislation and will send it to the e-mail that the Client provides to CUBRO.

The form of payment will be indicated in the Budget.

8. Product delivery

CUBRO will deliver the products and/or provide the services in accordance with the terms established in the Contract.

The delivery will be made by making the product available and/or providing the service by CUBRO or by a third party authorized by CUBRO at the street address indicated by the Client in the purchase order, because the transport service does not include the upload of the products to the properties, unless the product requires it or the Client chooses the delivery method in the domicile.

Shipping costs depend on the destination of the shipment and will be indicated before the time of purchase.

The prices do not include the assembly and installation of the items that require it. If the services are contracted, their cost will be reflected in the Budget.

The material is delivered fully packed and protected so that it does not deteriorate during the journey.

If for any reason the Client orders its unpacking before its final destination, any damage caused will be beyond the responsibility of CUBRO.

The Client must never throw away the packaging of the products until they verify that they are in perfect condition and verify that all the products coincide with those that appear in the Budget.

The Client assumes the risks of deterioration, damage and loss of the products from the moment in which they have been made available in accordance with this clause, except if the Client contracts the assembly and installation to CUBRO which will be post assembly.

In the event that the products show damage due to transport, the Customer must indicate the anomalies on the carrier's delivery note and notify CUBRO within a period not exceeding five (5) days from receipt to the e-mail Hello@cubrodesign.com with photos of the damaged parts and their corresponding packaging.

In these cases, after complying with all the indicationsones in form and term, CUBRO will repair or replace defective products as soon as possible. The lack of observationones of the Customer at the time of delivery is equivalent to its full compliance with the products received.

9. Return Policyones

The right of withdrawal will not apply since all the products of CUBRO are made according to specificationsones of the Client or clearly personalized.

In particular, without this relationship being limiting, the products that cannot be returned will be the fronts - doors, boxesones, countertops and other complementary furniture that have been made especially at the request of the Client.

The Client will only have the right to withdraw if CUBRO has not started the preparation or personalization of the products contracted by the Client, nor has it proceeded to acquire the IKEA® products on behalf of the Client. In this sense, if the Client wants to withdraw, he will have to contact CUBRO to know the status of your order, and where appropriate, pay the expenses incurred CUBRO for the said request.

Si CUBRO delivers a product other than the one requested by the Customer by mistake, CUBRO will withdraw it and the Client must deliver it, without accruing any additional charge for the Client.

For any incident related to the return of products or in the event that the Customer wishes to exercise their right of withdrawal, they can contact the Customer Service Department via email: hello@cubrodesign.com.

10. Overwhelming force

CUBRO will not be responsible nor will it be considered that it has breached when it is not possible or the delivery of the product and/or provision of services is delayed due to events that are beyond its reasonable control (hereinafter, “Causes of Force Majeure").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond reasonable control, without the following relationship being limiting, the following will be considered Causes of Force Majeure:

  • Strikes, lockouts or other industrial action.
  • Revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, aviones, motor transport or other means of transport, public or private.
  • Impossibility of using public or private telecommunications systemsones.
  • Acts, decrees, legislation, regulations or restrictionsones of other governments.
  • Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that the obligation of compliance by CUBRO will be suspended during the period in which the Causes of Force Majeure persist, and CUBRO You will have a reasonable extension to comply with your obligations.oneyes In these cases, CUBRO will use all reasonable means to comply as soon as possible with its obligations.ones.

11 Guarantee

PRODUCTS OF CUBRO

CUBRO guarantees conformance to specificationsones established in the Contract accepted by the Client, responding to him for any lack of conformity that exists at the time of product delivery.

For liability to arise CUBRO it is necessary that the lack of conformity:

§ Is unknown to the Customer, so that there is no liability for non-compliance that the Customer was aware of or could not reasonably have been unaware of at the time of product delivery.

§ It concerns either the product or its installation when it is included in the Contract and has been carried out by CUBRO or by a third party authorized by CUBRO If the faulty installation is due to an error in the instructionsones.

By virtue of the provisions of Royal Legislative Decree 1/2007, of November 16, CUBRO offers a guarantee on its fronts – box frontsones, doors and side panels – within a period of five (5) years from the date of delivery, in relation to any material and manufacturing defect that affects its operation and use.

The date of delivery is understood as the date of the corresponding invoice, which will be proof of the purchase.  

In order for it to be understood that there is a material and/or manufacturing defect, the technicians at CUBRO or personnel authorized for that purpose by CUBRO must verify the existence of the defect.

The warranty covers the free replacement and/or repair of fronts accepted as defective and not in accordance with specifications.oneyes However, once the second year has elapsed since the acquisition of the product of CUBRO, travel and labor costs will be borne by the Client.

All accessories are exempt from warranty, componeComponents and parts damaged by wear and tear from ordinary use or by incorrect use or lack of care by the Customer, as well as by catastrophic causes (such as fire, flooding).ones, etc.) and any cause beyond manufacturing. Likewise, paneled dishwasher fronts are exempt from the guarantee.

Due to the nature of the materials used in the fronts of CUBROThese can suffer from aging over time and exposure to sunlight that leads to changes in tone. In the event of replacement or extension of furniture, these differences in tonality may not be the object of a claim. 

In the case of fronts made of Birch plywood board, the guarantee in the event of eventual buckling of the fronts is offered for five (5) years from six months after the delivery date.

In the event that notice is given to CUBRO of a buckling of fronts, CUBRO accept these as defective and not conforming to specification.ones if 6 months after the first notification they still show the same level of buckling. Right now, CUBRO or its agents will take care of the replacement and/or repair of the fronts free of charge.

Repair work may only be carried out by personnel expressly authorized by CUBRO and will be carried out within a reasonable period of time and without major inconveniences for the client. The repair or replacement of the product will suspend the computation of the guarantee periods until the delivery of the new product, which will resume the pending period of the guarantee of origin of the replaced product, taking into account that the minimum guarantee period for repair/replacement will be two years.

Without prejudice to the rights that Royal Legislative Decree 1/2007, of November 16, and complementary regulations, expressly recognizes to the Client, the validity of this guarantee is subject to the following regulations:

— Proper storage, handling and transport of the product must be carried out. Any liability for damages caused by improper use, storage and handling, as well as by transportation outside of the company, is expressly excluded. CUBRO.

— Proper installation of furniture. The responsibility for damages or defects caused by improper installation lies with the company that has carried out the assembly in the installations.ones of the Client.

— Proper use, conservation and maintenance of the same in relation to the characteristics of the different materials used in their manufacture, as specified in the instructions.ones of this manual.

In case of any incident with the fronts of your kitchen, the Client must contact CUBRO as soon as possible. The Client must inform CUBRO of the lack of conformity within two months of becoming aware of it. Failure to comply with said period will not mean the loss of the guarantee, but the Client will, however, be responsible for the damages and/or losses that may occur due to the delay in communication.

IKEA PRODUCTS®

All products purchased from IKEA® by third parties are exempt from warranty. CUBRO acting as agent for the Client.

These products are covered by the guarantee of IKEA IBERICA, SAU or any of the subsidiaries of the Group, in accordance with the conditionsones and guarantees of each of the products.

It is recommended to go to the IKEA® website to identify how many years of guarantee corresponds to each product, since IKEA® products can include a guarantee of 5, 10 and 25 years.

CUBRO will deliver to the Customer the purchase receipt for all IKEA® products to make this guarantee effective.

12. Confidentiality and protection of personal data

So much CUBRO As the Client, they undertake to keep the due secrecy and confidentiality of any information or data that they have knowledge under the Contract, including the terms of the same, except in the cases in which the employees or collaborators have a legitimate need to know such terms for the due fulfillment of obligationsones arising from it, committing in that case to collect from them the corresponding confidentiality commitments. 

CUBRO undertakes to comply with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantees of digital rights and other regulations on privacy and data protection in force in Spain.

CUBRO undertakes and undertakes, on its behalf and that of its employees and/or collaborators, not to access the Client's personal data, except those that CUBRO considers essential for the correct fulfillment of the Contract.

The Client, when accepting the Budget, will give access to his data necessary for the fulfillment of the Contract to CUBRO. 

The data provided to CUBRO They will be kept for the legally established periods.

CUBRO will not transfer the data of the Clients to third parties unless there is a legal obligation or in the event that the Client requests the provision of assembly and/or installation services, which CUBRO may assign to authorized third parties for the proper purpose of compliance with the Contract.

The Client will have the right to access their personal data, as well as to request their rectification or deletion.

13. Nature of the Contract, applicable legislation and express jurisdiction

The Contract will enter into force on the date on which the Budget is accepted and will remain in force until the products and/or provision of services have been delivered and/or provided, without prejudice to the clauses that by their nature remain in force.

The Contract is governed by Spanish law.

For the resolution of any conflict or discrepancy that may arise, and that could not be resolved amicably, the Client, expressly waiving the jurisdiction that may correspond to him, expressly submits to the jurisdiction and competence of the Courts and Tribunals of Madrid.