Terms of Use

1. OBJECTIVE

The objective of our General Terms and Conditions ("General Conditions", “Terms”, “Terms of Use”) is to govern the online sale (“Services”) of furniture, products, and decoration articles (“Product”, “Products”) being offered online to the public by TABUHOME, S.L. via the website "www.tabuhome.com”.

These Terms of Use complete and advance, as long as there is no conflict, the terms and conditions previously established within each electronic online purchase (“Order”) executed by TABUHOME clients (“Customer”, “Customers”), and by terms and conditions established within each TABUHOME confirmation order (“Confirmation”).

2. ACCEPTANCE OF GENERAL CONDITIONS

Please read out General Conditions carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. Completion and shipment of your Order imply complete acceptance of the Terms without reservations. For this reason, before an Order can be placed, the Customer will be required to electronically accept the Terms of Use, as well as TABUHOME’s Privacy Policy (“Privacy Policy”). However, changes that might occur in the clauses of the General Conditions or in the Privacy Policy after a specific Order Shipment date occurs, shall not be applicable to the Customer. In the event the Customer does not agree with the Terms and/or Privacy Policy, they should abstain from using the Services.

3. INFORMATION PRIOR TO TERMS

For the purposes of the provisions of the Spanish legislation on consumer protection, TABUHOME informs CUSTOMERS that:

3.1 The procedures for signing the Purchase Agreement of the Products are as follows: once the Customer has made a selection for the Products to be purchased, these will be needed to be added to their basket. To process the Order, the Customer shall consecutively select the icon “My Cart”, “Checkout”, and after following the prompts on www.tabuhome.com, click on “Make Payment”.

The Customer must complete the Order and check the accuracy of the contact Information (including your name, phone number, and email address), order details, and address to where they would like the order to be sent. Subsequently, the Customer must select the payment method and enter the payment details or credit card information. Next, the Customer must click on “Authorize Payment”. Once the Customer receives the Confirmation of their order, the Purchase Agreement of Products will be understood as finalized.

3.2 The documentation, data, and information relating to each Purchase Agreement of Products will be archived by TABUHOME for 5 years, during which time the Customer may receive a copy of the records by submitting a written electronic request via email to info@tabuhome.com within the specified period of time.

3.3 The Customer may identify errors in the data entered in their Order at the time of receiving the Confirmation. In order to correct an error in the data entered after an Order has been placed, the Customer shall contact TABUHOME by sending an email to info@tabuhome.com as soon as the error has been identified.

Moreover, in general, the Customer may at any time review and update their personal information under the tab “My Account” accessible by logging at www.tabuhome.com .

3.4 The Purchase Agreement (i.e. the various documents that make it such as General Conditions, Privacy Policy, Order, and Confirmation), will be available in English or Spanish-Castilian, depending of the language selected by the Customer when accessing the website.

4. USE OF www.tabuhome.com

By accessing www.tabuhome.com, by ordering Products, and in order to receive our Service, the Customer assumes the following obligations:

4.1 Make use of www.tabuhome.com and receive Service under the Spanish legislation as applicable.

4.2 Not violate property rights, intellectual and industrial property rights, or other rights or legal positions similar economic content of www.tabuhome.com, its suppliers, or other third party suppliers.

4.3 Not make any false or fraudulent Order. In the event that TABUHOME determines the Customer is making false or fraudulent orders, TABUHOME reserves the right to cancel the Orders and inform the relevant authorities.

4.4 Provide TABUHOME with truthful personal data such as valid personal email address, personal contact information, and credit card information. If changes to the supplied information occur, ensure this information is up to date by updating the entries on www.tabuhome.com under “My Account”, or by submitting updated information to TABUHOME via email to info@tabuhome.com

4.5 Under the provisions of Privacy Policy to which the Customer has also consented electronically, www.tabuhome.com may use their details to send occasional marketing information on TABUHOME and their Products.

5. ORDERS

Electronic Orders will only be made through www.tabuhome.com, employing the electronic ecommerce functionality available on the site. To this end, the Customer will have to have provided and completed accurately and in full each and every one of the required pieces of data requested by TABUHOME.

Once TABUHOME has received the Order, in the case there were sufficient quantities in stock available for the specific product ordered and payment was successful, TABUHOME will send the Customer the Confirmation to the email address supplied on the Order placed. Therefore, as already indicated, the contract of sale of a product between the Customer and TABUHOME will only be formalized once TABUHOME sends the Confirmation to the Customer.

6. AVAILABILITY

All Orders are subject to the availability of the Products. In the event that at the time of receipt of an Order, the specific product requested was no longer in in stock, TABUHOME will inform the Customer via email and will offer the possibility of purchasing similar products at the discrepancy of the Customer, for which a new Order will need to be placed.

7. PRICE AND PAYMENT TYPE

The Price of each product is as indicated at www.tabuhome.com at the time the Order was processed.

The price will be paid solely by credit card , PayPal or wire transfer.

Payment service by credit card will be directly provided by the issuer and, where appropriate, relevant credit institution. The charge on your card will be simultaneous with the Confirmation.

TABUHOME excludes all liability in connection with the breach by third parties of the confidentiality and security of information and data provided by the Customer while providing payment of their electronic purchases by credit card when such vulnerabilities escape their control, as in those cases where information and data exchanged is not exclusively under control TABUHOME.

8. COSTS AND TAXES

The packaging and shipping costs of the Products purchased and, where applicable, required taxes, are the responsibility of the Customer, who must pay these charges along with the price of the Product. Such charges will be clearly stated on www.tabuhome.com and will be included in the total to be settled by the Customer at the time of finalizing the Order and Confirmation.

9. PRODUCT HANDLING

9.1 Terms

The handling terms for each Product is as indicated on www.tabuhome.com at the time of processing each Order and/or Confirmation, and in the case of not indicating a delivery date, the handling terms for each Product will be within fifteen (15) calendar days following the issuance of payment confirmation.

In the unlikely event that for some reason TABUHOME was unable to deliver the Product within the promised date, the Customer will be informed of the situation by e -mail and given the option to proceed with the purchase of the Product establishing a new delivery date or cancel the Order for a full refund of the price paid.

9.2 Transfer of Risks

The Delivery will be made by the provision of the Product by TABUHOME, or by a third party on behalf of TABUHOME at the address indicated on the Order by the Customer.

The risks of loss or damaging shall pass to the Customer upon collection of the Products from the moment the Product was made available under this clause.

It is understood a provision of the Product takes place at the time of signing the receipt at the address specified in the Order.

If the Customer has not received the Order in the aforementioned period, they can contact TABUHOME by sending an email to info@tabuhome.com

9.3 Unable to Deliver

If two delivery attempts prove unsuccessful to deliver the Product due to inability to find someone at the delivery address stated by the Customer on the Order, TABUHOME or a third party on behalf of TABUHOME, will leave a note to the Customer indicating the location of the Order and next steps for pickup.

In the event that fifteen (15) calendar days after the unsuccessful delivery attempts have occurred as established in the preceding paragraph, and the Order has not been picked up by the Customer at the address indicated at www.tabuhome.com or by the third party via TABUHOME account, for reasons not attributable to TABUHOME or third parties acting on their behalf, it will be regarded as the Client having waived their right as described with clause 10 under Terms and Conditions.

Any delivery of a Product to the address as designated by the Customer in the Order shall be understood to be correct. In the event, the Customer was to make a mistake after placing the Order, the Customer may modify the information as set forth in clause 3. If the modified data refers to the Customer’s delivery address for the specific Order, and the Product has not been shipped yet, the shipment will be made to the new address provided. Otherwise, the Customer must wait for delivery to the correct address to take place. Any additional costs incurred by this error will be passed on by TABUHOME to the Customer.

9.4 Release of Liability for Product Delivery

TABUHOME will be released from all delivery obligations in accordance with the General Conditions, in the following cases:

Non-payment or partial payment by the Customer

Omission, or inaccuracy of the required information a Customer must provide on an Order in accordance to the General Conditions.

For its part and as provided later in General Conditions, in case of Force Majeure, the obligation to deliver the Product will be suspended and TABUHOME will contact the Customer with the purpose of proceeding with delivery of Product as soon as possible so long the cause of Force Majeure has concluded.

10. RIGHT OF WITHDRAWAL

10.1 Exercise Period

Under Spanish Legislation on Trade and Consumer protection, the Customer has the right to withdraw from their purchase agreement of the Product within seven (7) business days from delivery date. The delivery date on the receipt will serve the purpose of calculating the period of seven (7) business days.

10.2 Exercise Form

The right to withdraw is not subject to any formality or indication of reason, so long as it is accounted for in a way permitted by law.

The right to withdraw by the Customer will not pose any penalties, except for return shipping expenses which will be the responsibility of the Customer, rejecting returns with postage due.

In order to facilitate and expedite the corresponding procedures, the Customer shall submit to the address as indicated by TABUHOME, the Product in its original condition and original packaging, or in the absence of the latter, duly and properly packaged by the Customer, including a printed copy of the Confirmation and/or invoice that was issued to the Customer at the time by TABUHOME.

The risk of loss, deterioration or damage of the Product to which the right to withdraw relates are the responsibility of the Customer until their delivery to TABUHOME.

In any case, it is the Customer’s responsibility to prove they have exercised their right to withdraw within the allotted time and form as specified above.

10.3 Refund in case of Withdrawal

TABUHOME will refund the Customer the amount initially paid including the price paid for the Product, shipping charges, and taxes, within a period of thirty (30) calendar days starting count from the day after TABUHOME would have received back the Product.

In the case the returned Products had some damage attributable to the Customer, and as a consequence, there had been a decrease in the value of the goods, the Customer shall indemnify TABUHOME the amount corresponding to such damages. TABUHOME will deduct this amount from the total refundable amount due to the Customer as a result of the withdrawal.

The return of Products that have been used will not be admitted.

10.4 Right to Withdrawal Exclusions

By exclusion, the right to withdraw does not apply to the Purchase of goods made according to Customer’s specifications or clearly personalized by the Buyer.

11. AVAILABILITY OF SERVICE

Products offered for sales by TABUHOME are available for shipment to anywhere in the world with the exception of those restrictions expressly set forth on www.tabuhome.com by TABUHOME and/or supplier and/or manufacturer of the Product in question.

12. RETURN OF DEFECTIVE PRODUCTS

In cases where the Customer considers at the time of delivery to have found the Product to be presented as defective or not conforming to the provisions of the Order, the Customer must contact TABUHOME immediately with details of the Buyer, the Product, the Order, and photos of the Product and packaging, informing TABUHOME of the defect of the Product or lack of adjustment to the provisions of the Order.

TABUHOME will indicate the Customer how to proceed to return the Product and will send the address indicated a messenger to pick up the Product. TABUHOME will carefully examine the returned Product and will notify the Customer by email, within reasonable time, if in accordance with the Spanish current legislation protection of consumers, it must repair the Product, provide a replacement, provide a discount, or the termination of the Services.

13. PROCESSING OF PERSONAL DATA

TABUHOME informs Customers that the personal data provided on www.tabuhome.com via the Order request, or generated within the framework of implementation of the contractual relationship between the Customer and TABUHOME will be treated and incorporated into TABUHOME files, which is responsible for the intended purposes and in accordance with the Terms provided in the Privacy Policy.

Under the Terms provided in the applicable regulations and the Privacy Policy, The Customer may exercise their rights of access, rectification, cancellation and opposition, as well as revoke their consent to send commercial electronic communication by writing to TABUHOME. To exercise these tights, TABUHOME may require the Customer to send a copy of their passport or national identity card.

14. COMMUNICATIONS

All communications between the Customer and TABUHOME concerning a particular Order or after-sales Services may be made by snail mail or electronic mail, in addition to phone as indicated under General Conditions.

For the purposes of communications by snail mail or email, TABUHOME designates the following addresses:

C/ Santa Engracia 122, 28003 Madrid, España

info@tabuhome.com

15. INTELLECTUAL PROPERTY

Products that the Customer acquires, as well as designs or contents of TABUHOME, are subject to intellectual property rights, patents, industrial property and/or rights or legal positions of similar economic content owned by TABUHOME or third parties who have granted them the relevant licenses or authorizations. Therefore, access to www.tabuhome.com or purchasing Products through it, does not grant Customers ownership or right to use such Content or Products on the aforementioned (by among others, reproduction, distributions, public communication, making available to the public or transformation), except where TABUHOME or other owners of the rights and/or legal positions in question allow it, either by using TABUHOME or through licenses or written authorizations in effect.

16. RESPONSIBILITY

Unless otherwise expressly provided by the Spanish law, the responsibility of TABUHOME in in relationship to any Product purchased on www.tabuhome.com website, will be limited to the purchase price of such Product. This way, all the rights that the current Spanish legislation guarantees to consumers remain guaranteed.

17. MODIFICATION

These Terms may be modified by TABUHOME. It is the Customer’s responsibility to read them regularly, since the current General Conditions at the time of accessing the TABUHOME site or the conclusion of the Services shall be applicable.

18. APPLICABLE LAW

These Terms shall be governed by the laws of the Spanish state and are subject to Spanish jurisdiction