TERMS AND CONDITIONS

General Conditions of 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, information, products and services offered on the Portal. It is recommended that the User periodically consult the contents contained in 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 use its best efforts to try to ensure the availability and accessibility of the Portal. However, sometimes, for reasons of maintenance, updating, change of location, etc., it may mean 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 the correct access and use of certain information and services, the User must download certain programs to his/her 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 shall not be responsible for the content and/or services provided or supplied by third parties on and/or through the Portal. The User accepts that the Portal will not assume any responsibility for any damage or harm produced as a consequence of the use of this information or services of third parties.

User Obligations

The User must at all times respect the content established in the Portal. The User expressly declares that he/she will use the Portal in a diligent manner and assumes any liability 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 to make decisions with economic implications since he/she knows that such information, products and/or services are not updated and may contain inaccuracies or errors.

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

Availability of information, products and services of the Portal

The Portal does not guarantee the continuous and permanent availability of the products and services, being thus exonerated from any liability for possible damages caused as a result of the unavailability of products and services due to force majeure or errors in the telematic networks of data transfer, beyond its control, or disconnections caused by improvement or maintenance work on equipment and computer systems. In such cases, the Portal will make its best efforts to provide 24 hours notice prior to the interruption. The Portal shall not be liable for the interruption, suspension or termination of the information or services. Likewise, it shall not be liable for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality caused by technical problems, communications or human omissions, caused by third parties or not attributable to the Portal. Nor shall it be liable for damages caused by computer attacks or caused by viruses affecting computer programs, communications systems or 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 do not comply with the rules contained in the Portal.

Portal Responsibility

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

Except in those cases where 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 for possible damages caused by the use and utilization of the information, data, products and services of the Portal.

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

General Terms and Conditions

1. Introduction

These general contracting conditions (hereinafter, the “General Conditions“), together with the quotation and its annexes (hereinafter, the “Quotation“), constitute the contract between the company CUBRO DESIGN, S.L. (hereinafter, “CUBRO“) and the client (hereinafter, the “Client“), both determined in the Quotation.

CUBRO DESIGN, S.L. is domiciled in Madrid (28010), in calle Fernandez de la Hoz number 38, with C.I.F. number B-88.346.663 and registered in the Mercantile Registry of Madrid in volume 38677, folio 187, page M-687728. Contact phone number: 672.173.343

The Quotation and the annexes subscribed by the Client and CUBRO in each case, shall be incorporated to these General Conditions, constituting inseparably, the contract in force between both parties (hereinafter, the “Contract“).

In case of contradiction between the provisions of the General Conditions and the Quotation, the provisions of the accepted Quotation shall prevail.

2. Object

The purpose of the Agreement is to regulate the terms and conditions under which CUBRO will provide the Client with the different services contracted by the latter in exchange for the corresponding consideration to CUBRO.

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

The Contract shall be deemed to be perfected when the Customer signs the Quotation and pays the corresponding down payment. The signature of the Quotation may take place by means valid in law, expressly including the possibility of digital signature by means that allow adequate verification of the identity of the Client and the provision of his consent to the content of the Quotation. Once the Quotation has been completed, it shall be understood that the Customer accepts the Contract without reservations, and it shall be fully valid and binding, and shall have all its effects.

In no case shall the Contract include services that are not included in these General Conditions, in the Quotation and annexes, unless the Client requests any modification in this respect, which shall be invoiced separately.

The prices shown in the Portal are in Euros. The Customer will always know the price and characteristics of the products prior to their acquisition, these being detailed and determined in the Quotation. The prices shown on the Portal are accurate and include the applicable VAT. However, since CUBRO has the right to modify the Portal at any time, without prior notice, it is recommended that the User periodically consult the terms and conditions that appear on the Portal, but once the Quote has been accepted, in the event that CUBRO modifies the prices, the price that appears in the accepted Quote will prevail for the Client.

CUBRO will supply the products and provide the services contracted by the Customer.

3. Technical Specifications

CUBRO undertakes to supply the products and/or provide the services described in the Quotation in strict compliance with the quality and technical specifications, in accordance with the mandatory applicable regulations.

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

4. Contracting process

CUBRO will offer the Customer its products and services through its website, https://cubrodesign.com/CUBRO’s online platform (hereinafter referred to as the “Portal“), or through channels in which CUBRO has duly licensed the necessary rights as well as through any other means or system that may be enabled by CUBRO for such purpose in the future.

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

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

Upon registration, the Customer agrees that CUBRO may send him/her its updated catalog with products and prices.

The Customer may only purchase samples of the products through the Portal. The cost of the samples will be discounted in case the Customer decides to purchase the products, and if applicable, it will be reflected in the Quotation.

In the event that the Customer continues to be interested in CUBRO’s products and/or services, the Customer shall:

Inform CUBRO of the list of products and/or services you are interested in contracting.
Submit the project to CUBRO from the IKEA® planner, or by sending elevations and drawings, if available.
Indicate all personal data, as well as a contact telephone number and e-mail address, in order to be able to issue the invoice upon delivery of the product and/or service rendered.
Indicate where the products are to be shipped and/or services are to be provided. Please note that shipping costs depend on the destination of the shipment.
Indicate when the products or services will be needed. In the Quotation CUBRO will determine the estimated delivery time of the products and/or services.
Specify if you request the assembly and installation of the products, since it implies an added cost that CUBRO must reflect in the Quotation.
Specify whether you are requesting delivery at street level or if you prefer home delivery, since certain products are delivered at street level by default. If the delivery is home delivery and requires an additional cost, this cost will be reflected in the quotation.
Specify whether IKEA® products are already in stock or if CUBRO will need to purchase them first. In the event that CUBRO must purchase the products for the Customer, the Customer must expressly authorize CUBRO to do so.

With all the data provided, CUBRO will be able to prepare and provide the Customer with the Quotation and the attached documents, taking into account that the part of the products and/or services directly provided by CUBRO will be called “CUBRO XXXX quotation” and the part indirectly provided by the IKEA® planner will be called “IKEA XXXX”.

The Quotation shall be valid for two (2) months from the date of receipt.

After receiving the Quotation, the Customer may request clarifications and/or modifications of the products and services, as well as request samples (at the corresponding cost) and arrange visits to the CUBRO Showroom. In the event that the Customer definitively accepts the Quotation and has purchased the samples, the amount paid for the samples will be discounted.

Once the Quotation is finalized, the Client must sign it and provide it to CUBRO, as well as pay the first corresponding payment. In the event that the Client requests any additional product or service not previously contracted or, if applicable, if any modification of these is required, CUBRO reserves the right to modify the accepted quotation, as well as the dates of delivery of the products and/or services rendered.

Customer shall comply with the following payment terms, unless other terms are set forth in the Quotation:

– Upon signature of the Quotation: the Client shall pay CUBRO 50% of the Quotation for the CUBRO Fronts as specified in the summary of the Quotation. In addition, if Customer has instructed CUBRO to purchase IKEA® products, Customer shall pay 100% of the amount due to IKEA as indicated on the Quote summary.

– Upon delivery of the product: the Customer shall pay CUBRO 50% of the amount corresponding to CUBRO Fronts as specified in the quotation summary. In the event that the customer has ordered CUBRO to carry out the assembly and installation, the customer shall pay 50% of the amount corresponding to CUBRO Fronts and 50% of the amount corresponding to assembly and installation, which is indicated in the summary of the quotation.

– Upon completion of the assembly and installation: the Client shall pay CUBRO 50% of the amount corresponding to assembly and installation as indicated in the summary of the Quotation.

The Quotation shall be valid for two (2) months and, consequently, if after two months have elapsed without the Client subscribing and proceeding to the payment that it is entitled to disburse according to the Quotation, the Quotation shall be invalid and, therefore, it shall be without effect, and the Client shall have to arrange a new Quotation with CUBRO. In the event that the Quotation foresees an initial disbursement and the Client only subscribes the Contract, without disbursing the agreed initial amount, it shall be understood that the Client has not accepted the Quotation.

CUBRO, in general, expects to deliver its products within 45 days from the acceptance of the Quotation and/or from, depending on the workload, as well as on the availability of the product and, consequently, CUBRO will indicate at the time of the acceptance of the Quotation the estimated period of time it expects to deliver the product. The delivery period shall be suspended until the Customer subscribes and pays the initial amount foreseen in the Quotation.

In the same sense, if the Customer has contracted assembly, installation and/or logistics services, the services will be suspended until the Customer does not pay CUBRO the amount foreseen for the referred services in the Quotation.

The estimate does not include the connection of water, gas, electricity and electrical connection of the lighting.

Assembly and installation

In those cases where assembly is required, it shall be invoiced according to the assembly invoicing rates included in the quotation and the framework conditions of Law 23/2003, of July 10, 2003, on Guarantees in the Sale of Consumer Goods. The installation estimate for a project will be conditioned and subject to change according to the conditions observed in the property at the time of the verification visit. The rescheduling of the assembly date for reasons beyond the control of CUBRO Design S.L. due to lack of completion of masonry, plumbing, gas and electrical installations or any work planned and not executed during the course of the work will entail a surcharge of 150€ for each day of work cancelled for the reasons mentioned above. Thus, the postponement of the installation date due to the lack of goods necessary for the installation, such as household appliances and other items committed and not provided by the customer, will entail the additional cost mentioned in the previous paragraph.

5. Obligations of CUBRO

CUBRO undertakes to:

To deliver the products, to provide the services contracted by the Client and to comply with the obligations set forth in the Contract according to the terms and conditions set forth therein and in accordance with the provisions of the legislation in force and in good faith.
To provide the Customer with information about the products and services offered.

6. Customer Obligations

The Customer undertakes to:

Pay CUBRO’s fees in accordance with the terms and conditions agreed in the Contract and all additional costs incurred as a consequence of any modification requested by the Client.
Inform the data that CUBRO requires for the proper delivery of products and / or services, as well as for the delivery and sending of the invoice.
Communicate to CUBRO as soon as possible the cancellation or withdrawal of the products or services contracted. However, the Customer must take into account when he/she can cancel or withdraw, which is regulated in the “Return Policy” section.
Comply with the obligations established in the Contract according to the terms and conditions set forth therein and in accordance with the provisions of the legislation in force and good faith.

7. Billing

CUBRO will issue the corresponding invoice to the Customer for the products purchased and/or services rendered in accordance with the requirements established by the legislation in force and will send it to the e-mail address provided by the Customer to CUBRO.

The method of payment will be indicated in the Quotation.

8. Product delivery

CUBRO shall deliver the products and/or provide the services in accordance with the terms set forth in the Contract.

Delivery shall be made by CUBRO or by a third party authorized by CUBRO at the street address indicated by the Customer in the purchase order, since the transportation service does not include the uploading of the products to the properties, unless the product requires it or the Customer chooses home delivery.

Shipping costs depend on the destination of the shipment and will be indicated prior to purchase.

Prices do not include assembly and installation of items that require it. If 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 transit.

If for any reason the Customer orders the unpacking of the same before its final destination, any damage caused will be out of CUBRO’s responsibility.

The Customer must never throw away the packaging of the products until he checks that they are in perfect condition and verifies that all the products coincide with those stated in the Quotation.

The Customer assumes the risks of deterioration, damage and loss of the products from the moment the products are made available to it in accordance with this clause, except if the Customer contracts the assembly and installation to CUBRO, which shall be post-assembly.

In the event that the products are damaged during transport, the Customer must indicate the anomalies on the carrier’s delivery note and notify CUBRO within a period not exceeding five (5) days of receipt to the following e-mail address hello@cubrodesign.com with photos of the damaged parts and their corresponding packaging.

In these cases, CUBRO will repair or replace the defective products in the shortest possible time after complying with all the instructions in due time and form. The absence of observations by the Customer at the time of delivery is equivalent to his full conformity with the products received.

9. Return Policy

The right of withdrawal does not apply as all CUBRO products are made to the Customer’s specifications or are clearly customized.

In particular, without this list being limited, the products that may not be returned are fronts – doors, drawers, countertops and other complementary furniture that have been specially made at the Customer’s request.

The Customer shall only have the right to withdraw if CUBRO has not initiated the packaging or customization of the products contracted by the Customer, nor has it proceeded to purchase the products from IKEA® on behalf of the Customer. In this sense, if the Customer wants to cancel the order, he/she will have to contact CUBRO to know the status of his/her order and, if applicable, pay the costs incurred by CUBRO for the order.

If CUBRO delivers a product other than the one ordered by the Customer by mistake, CUBRO shall withdraw it and the Customer shall deliver it, without accruing any additional charge to the Customer.

For any incident related to the return of products or in case the Customer would like to exercise his/her right of withdrawal, he/she can contact the Customer Service Department via e-mail: hello@cubrodesign.com.

10. Force Majeure

CUBRO shall not be liable or deemed to be in default when delivery of the product and/or provision of services is not possible or is delayed due to events beyond its reasonable control (hereinafter referred to as “Force Majeure Causes“).

Force Majeure shall include any act, event, failure to perform, omission or accident beyond reasonable control, but the following shall be considered as Force Majeure:

Strikes, lockouts or other industrial action.
Revolt, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of other governments.
Strike, failure or accidents of maritime or river transport, postal or any other type of transport.

It shall be understood that CUBRO’s obligation to perform shall be suspended during the period in which the Force Majeure Causes persist, and CUBRO shall have a reasonable extension of time to perform its obligations. In such cases, CUBRO will use all reasonable means to comply with its obligations as soon as possible.

11. Warranties

CUBRO PRODUCTS

CUBRO guarantees the conformity of the specifications set forth in the Contract accepted by the Customer, being liable to the Customer for any lack of conformity existing at the time of delivery of the product.

For CUBRO’s liability to arise, nonconformity is required:

§ 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 delivery of the product.

§ Ataña, either to the product or to its installation when the same is included in the Contract and has been carried out by CUBRO or by a third party authorized by CUBRO if the defective installation is due to an error in the instructions.

Pursuant to the provisions of Royal Legislative Decree 1/2007, of November 16, 2007, CUBRO offers a warranty on its fronts – drawer fronts, doors and side panels – for a period of five (5) years from the date of delivery, with respect to any material and manufacturing defects affecting its operation and use.

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

In order for a defect in material and/or workmanship to be deemed to exist, CUBRO’s technicians or personnel authorized by CUBRO for this purpose must verify the existence of the defect.

The warranty covers the replacement and/or repair free of charge of fronts accepted as defective and not conforming to specifications. However, after the second year following the purchase of the CUBRO product, travel and labor costs shall be borne by the Customer.

Exempt from warranty are all accessories, components and parts deteriorated by ordinary wear and tear or by improper use or lack of care by the Customer, as well as by catastrophic causes (such as fire, flood, etc.) and any other cause not related to manufacturing. Also exempted from the warranty are panel dishwasher fronts.

Due to the nature of the materials used in CUBRO fronts, they may undergo aging over time and exposure to sunlight resulting in shade changes. In the case of replacement or extension of furniture, these differences in shade may not constitute the subject of a claim.

In the case of fronts manufactured with birch plywood board, the warranty in case of eventual buckling of the fronts is offered for five (5) years starting six months after the date of delivery.

In the event that CUBRO is notified of a buckling of faces, CUBRO will accept these as defective and not in accordance with specifications if after 6 months from the first notification they continue to demonstrate the same level of buckling. At this time, CUBRO or its agents will replace and/or repair the fronts free of charge.

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

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

– The product must be stored, handled and transported correctly. Any liability for damages caused by improper use, storage and handling, as well as for transportation beyond CUBRO’s control is expressly excluded.

– Proper installation of furniture. Responsibility for damage or defects caused by improper installation is the responsibility of the company that carried out the installation at the Customer’s premises.

– A 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 of this manual.

In case of any incident with the kitchen fronts, the Customer should contact CUBRO as soon as possible. The Customer shall inform CUBRO of the non-conformity within two months of becoming aware of it. Failure to meet such deadline shall not entail the loss of the warranty, but the Customer shall nevertheless be liable for any damages and/or losses that may be caused by the delay in communication.

IKEA® PRODUCTS

All products purchased from IKEA® by CUBRO acting as the Customer’s agent are exempt from warranty.

These products are covered by the warranty of IKEA IBERICA, S.A.U. or any of the Group’s subsidiaries, in accordance with the conditions and warranties of each of the products.

It is recommended that you refer to the IKEA® website to identify how many years of warranty applies to each product, as IKEA® products may include a 5, 10 and 25 year warranty.

CUBRO will provide Customer with the sales receipt for all IKEA® products to enforce this warranty.

12. Confidentiality and personal data protection

Both CUBRO and the Client undertake to keep the due secrecy and confidentiality of any information or data that may come to their knowledge by virtue of the Contract, including the terms of the same, except in those cases in which employees or collaborators have a legitimate need to know such terms for the due fulfillment of the obligations arising from the same, undertaking in such case to obtain 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 commits, on behalf of itself and its employees and/or collaborators, not to access the Client’s personal data, except for those that CUBRO considers essential for the correct fulfillment of the Contract.

By accepting the Quotation, the Customer shall give CUBRO access to its data necessary for the performance of the Contract.

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

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

The Client shall have the right to access his/her personal data, as well as to request its rectification or deletion.

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

The Contract shall enter into force on the date on which the Quotation is accepted and shall remain in force until the products and/or services have been delivered and/or rendered, without prejudice to the clauses which 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 waives the jurisdiction and competence of the Courts and Tribunals of Madrid, expressly submits to the jurisdiction and competence of the Courts and Tribunals of Madrid.