General Terms and Conditions of Sale

General Terms and Conditions of Contract

Introduction

This contractual document governs the General Terms and Conditions of Contract for products (hereinafter, the “Terms”) through the website tanahdecor.com, owned by Tanah BCN, S.L. under the trade name Tanah, hereinafter referred to as the SERVICE PROVIDER, whose contact details are also provided in the Legal Notice of this website.

These Terms shall remain published on the website and available to the USER for reproduction and storage as confirmation of the contract and may be modified at any time by Tanah BCN, S.L. It is the USER’s responsibility to read them periodically, as the Terms in force at the time the order is placed shall apply. Tanah BCN, S.L. shall retain the electronic document formalising the purchase and make it available to the USER upon request.

Contracts shall not be subject to any specific formalities, except in those cases expressly provided for in the Civil and Commercial Codes and in this or other applicable legislation.

Acceptance of this document means that the USER:

  • Has read, understood and accepted the provisions contained herein.

  • Has sufficient legal capacity to enter into a contract.

  • Accepts all the obligations set out herein.

These Terms shall remain valid indefinitely and shall apply to all contracts entered into through the SERVICE PROVIDER’s website.

The SERVICE PROVIDER informs the USER that it complies with and is familiar with the legislation applicable in the countries to which it ships its products and reserves the right to unilaterally modify these Terms, without this affecting any goods or promotions purchased prior to such modification.

Identity of the Contracting Parties

On the one hand, the SERVICE PROVIDER of the products purchased by the USER is Tanah BCN, S.L., with registered office at Plaça Creu de Coll Favà, 5B (08173) Sant Cugat del Vallés, NIF B26588590, and customer service telephone number +34 641 43 00 71.

On the other hand, the USER, registered on the website using a username and password, is fully responsible for their use and safekeeping and for the accuracy of the personal data provided to the SERVICE PROVIDER.

Purpose of the Contract

The purpose of this contract is to regulate the contractual sales relationship established between the SERVICE PROVIDER and the USER when the USER accepts the corresponding checkbox during the online purchasing process.

The contractual sales relationship involves the delivery of a specific product in exchange for a specific price publicly displayed on the website.

Correction of Data

When the USER identifies errors in the information published on the website or in the documents generated as a result of the contractual relationship, they may notify Tanah BCN, S.L. by email at contact@tanahdecor.com so that the information can be corrected as soon as possible.

The USER may keep their personal information up to date by accessing their user account.

Purchasing Procedure

In order to access the products or services offered by the SERVICE PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. The USER must therefore freely and voluntarily provide the personal data requested, which shall be processed in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018 of 5 December (LOPDGDD), concerning the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and password and undertakes to use them diligently and not to make them available to third parties, as well as to notify the SERVICE PROVIDER of any loss or theft thereof or any possible unauthorised access, so that the SERVICE PROVIDER can immediately block them.

Once the user account has been created, and in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the purchasing procedure shall consist of the following steps:

  1. General Terms and Conditions of Contract.

  2. Shipping and Delivery of Orders.

  3. Right of Withdrawal.

  4. Complaints.

  5. Force Majeure.

  6. Jurisdiction.

  7. General Terms of the Offer.

  8. Price and Validity Period of the Offer.

  9. Shipping Costs.

  10. Payment Methods, Charges and Discounts.

  11. Purchasing Process.

  12. Severability and Suspension or Termination of the Contract.

  13. Warranties and Returns.

  14. Applicable Law and Jurisdiction.

1. GENERAL TERMS AND CONDITIONS OF CONTRACT

Unless otherwise agreed in writing, placing an order with the SERVICE PROVIDER shall constitute acceptance by the USER of these legal Terms. No provision made by the USER shall differ from those of the SERVICE PROVIDER unless expressly accepted in advance and in writing by the SERVICE PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The SERVICE PROVIDER shall not dispatch any order until payment has been verified.

Goods shall normally be shipped by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely selected by the USER.

The order shall be dispatched once product availability has been confirmed and payment has been verified.

The delivery period shall be between 4 and 8 working days for shipments to mainland Spain, between 7 and 14 working days for shipments to the Spanish Islands and the European Union, and for other destinations, the delivery period shall depend on the destination country. The estimated shipping and delivery date shall be provided prior to order confirmation.

Failure to Perform the Distance Contract

If the contract cannot be performed because the contracted product or service is not available within the expected period, the USER shall be informed of the lack of availability and shall be entitled to cancel the order and receive a full refund of the amount paid, at no additional cost and without the SERVICE PROVIDER being liable for any damages.

In the event of an unjustified delay by the SERVICE PROVIDER in refunding the full amount, the USER may claim payment of twice the amount owed, without prejudice to their right to compensation for any damages suffered in excess of that amount.

The SERVICE PROVIDER shall not be liable if delivery of the product or service cannot be completed because the information provided by the USER is false, inaccurate or incomplete.

Delivery shall be deemed to have taken place when the carrier has made the products available to the USER and the USER, or their authorised representative, has signed the delivery receipt.

The SERVICE PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order. The USER may, by means of a simple declaration, require the SERVICE PROVIDER to remedy such lack of conformity, request a reduction in the price or terminate the contract. In any of these cases, the USER may also claim compensation for damages, where applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the SERVICE PROVIDER fulfils its obligations under this contract.

The USER is responsible for checking the products upon receipt and for recording any justified reservations or complaints on the delivery receipt.

If the purchase does not involve the physical delivery of a product, but rather the activation of a download on a website, the SERVICE PROVIDER shall inform the USER in advance of the procedure to be followed to carry out such download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://tanah.devsumaysube.com.es//formulario-solicitud-desistimiento.pdf

The USER has a period of thirty calendar days, beginning on the date of receipt of the product or, in the case of a service, from the date on which the sales contract is concluded, to exercise the right of withdrawal regulated by Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. Tanah offers this thirty-day return period as an improvement to its commercial policy, without prejudice to the rights granted to consumers under applicable legislation. If the SERVICE PROVIDER fails to comply with its obligation to provide information and documentation regarding the right of withdrawal, the period for exercising this right shall expire twelve months after the expiry date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.

The right of withdrawal shall not apply to contracts referred to and listed in Article 103 of RDL 1/2007.

All returns must be notified to the SERVICE PROVIDER by requesting a return number through the designated form or by email at contact@tanahdecor.com, indicating the corresponding invoice or order number.

If the product is returned without its original packaging or without equivalent packaging that ensures adequate protection during transport, Tanah may deduct from the refund the cost of any damage caused or of restoring the product to its original condition, where applicable.

Once the return has been authorised, Tanah BCN, S.L. shall provide the USER with the address to which the product must be sent, indicating the assigned return number. Except in the cases provided for in these Terms, the return shipping costs shall be borne by the USER.

4. COMPLAINTS

Any complaint submitted by the USER shall be handled as soon as possible and may be submitted through the following contact details:

  • Postal address: Tanah BCN, S.L., Plaça Creu de Coll Favà, 5B (08173) Sant Cugat del Vallés

  • Telephone: +34 641 430 071

  • Email: contact@tanahdecor.com

5. FORCE MAJEURE

The parties shall not be liable for any failure to perform their obligations due to force majeure. Performance of the obligation shall be postponed until the force majeure event has ceased.

6. JURISDICTION

The USER may not assign, transfer or otherwise convey any rights, liabilities or obligations arising from the sale.

If any provision of these Terms is deemed null and void or impossible to enforce, the validity, legality and enforceability of the remaining provisions shall not be affected or modified in any way.

The USER declares that they have read, understood and accepted these Terms in their entirety.

7. GENERAL TERMS OF THE OFFER

All sales and deliveries made by the SERVICE PROVIDER shall be subject to these Terms.

No modification, alteration or agreement contrary to Tanah BCN, S.L.’s Commercial Offer or to the provisions herein shall have any effect unless expressly agreed in writing and signed by the SERVICE PROVIDER. In such cases, the specific agreement shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) and any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling charges or any other additional services or charges associated with the purchased product.

The prices applicable to each product are those published on the website and are expressed in EURO. The USER acknowledges that the price of some products may vary in real time.

Before completing the purchase, the USER may check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and total purchase amount. Prices may change daily until the order is placed.

Once the order has been placed, the prices shall remain unchanged regardless of whether the products are available or not.

Every payment made to the SERVICE PROVIDER shall result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. The invoice shall be sent in paper format together with the purchased product. The invoice may also be downloaded in PDF format by accessing the website’s management panel through the user’s account. If the USER wishes to receive the invoice by email, they must request it through any of the contact methods made available by the SERVICE PROVIDER. The USER may withdraw this request at any time.

For any information regarding an order, the USER may contact the SERVICE PROVIDER’s customer service department by telephone at +34 641 43 00 71 or by email at contact@tanahdecor.com.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The SERVICE PROVIDER is responsible for financial transactions and offers the following payment methods for orders:

  • Credit card

  • PayPal

The USER may use a discount coupon before completing the purchase if one has been provided by the SERVICE PROVIDER.

Security Measures

The website uses generally accepted information security techniques, such as SSL, secure data entry pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER/customer agrees that the SERVICE PROVIDER may obtain data for the purpose of carrying out the corresponding authentication of access controls.

The SERVICE PROVIDER undertakes not to permit any transaction that is considered illegal by credit card schemes or the acquiring bank and that may or has the potential to damage their goodwill or have a negative impact on them.

Under the card scheme programmes, the sale or offer of any product or service that does not comply with all applicable laws governing the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.

11. PURCHASING PROCESS

Any product from our catalogue may be added to the shopping cart. The cart will only display the items, quantity, price and total amount. Once the cart has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.

Shopping carts have no administrative binding effect; they are simply a means of simulating a quotation without any obligation on either party.

An order can be placed from the shopping cart by following these steps:

  1. Verification of billing details.

  2. Verification of shipping address.

  3. Selection of payment method.

  4. Placing the order (purchase).

Once the order has been processed, the system will immediately send an email to the SERVICE PROVIDER’s management department and another to the USER’s email address confirming that the order has been placed.

Orders (Purchase Requests)

Prior to order confirmation, information shall be provided regarding the order status and the estimated shipping and/or delivery date.

12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these Terms and Conditions is deemed illegal, null and void or otherwise unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

The SERVICE PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, if the USER fails to comply with the obligations established in this contract or with any applicable legal provision, licence, regulation, directive, code of practice or policy.

When the SERVICE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the SERVICE PROVIDER.

13. WARRANTIES AND RETURNS

Warranties shall be governed by the provisions concerning “Warranties and After-Sales Services” set out in Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws.

14. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and interpreted in accordance with Spanish law insofar as not expressly provided otherwise. Any dispute that may arise from the provision of the products or services covered by these Terms shall be submitted to the courts and tribunals of the USER’s place of residence, the place where the obligation is performed, or the place where the property is located if it is real estate.

Back to top