Terms of Sale

TERMS OF SALE https://www.curuxacustoms.com

PRODUCTS AND MADE-TO-ORDER MANUFACTURING

All products sold by Curuxa Customs are manufactured to order. This means that each order is individually produced after confirmation and payment. For this reason:

  • Products are not normally held in stock for immediate delivery.
  • The estimated manufacturing and delivery time will be indicated on each product page or communicated to the customer before final confirmation of the order.
  • Lead times may vary depending on workshop workload, material availability, product characteristics and delivery destination.
  • If there is a significant change to the initially communicated lead time, Curuxa Customs will inform the customer as soon as reasonably possible.

Made-to-order manufacturing does not in itself mean that a product is legally considered a customised product. Products will be considered customised when they are made according to the customer’s specific requirements or are clearly personalised.

ORDER PROCESS

  1. The customer places an order through the website or by contacting Curuxa Customs directly.
  2. Curuxa Customs confirms the characteristics of the order and communicates the estimated manufacturing time when this information is not already stated on the product page.
  3. The customer makes payment using one of the available payment methods or according to the conditions expressly agreed.
  4. Once the order has been confirmed and the corresponding payment has been received, the manufacturing process begins.
  5. Once manufacturing has been completed, the product is packed and dispatched.
  6. The customer receives a notification containing the shipment information and, where available, the tracking number.

PRICES AND PAYMENTS

All prices displayed on the website are expressed in euros.

Unless otherwise stated, prices shown to consumers include the applicable Spanish VAT when such VAT applies.

The final tax treatment of each order may vary depending on the destination country, whether the purchaser is acting as a private individual, company or professional, and the applicable tax legislation.

For intra-Community transactions between businesses or professionals, the corresponding VAT treatment will be applied where appropriate and provided that the customer’s tax information, including their VAT identification number, can be correctly validated.

Curuxa Customs reserves the right to modify the prices published on the website. However, any order that has already been confirmed will retain the price and conditions agreed at the time the order was placed.

Accepted payment methods will be those indicated during the checkout process or expressly agreed with the customer.

SHIPPING

Curuxa Customs products are large pieces of furniture which, depending on the model and destination, may be shipped as large parcels, mini-pallets or pallets.

Shipments are handled by carriers suitable for transporting bulky goods.

  • Shipping costs are calculated according to destination, weight, volume and the characteristics of the order.
  • The corresponding shipping cost will be displayed during checkout or communicated to the customer before final confirmation of the order.
  • Delivery will be made to the address provided by the customer.
  • The customer must ensure that the delivery details are correct and that suitable access is available for receiving bulky goods.

Where the purchaser qualifies as a consumer, the risk of loss or damage to the goods remains with Curuxa Customs until the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the goods.

This rule will not apply in the same way where the customer independently appoints a carrier that has not been proposed by Curuxa Customs.

Curuxa Customs will take all reasonable steps with the carrier when delays, losses or transport damage occur.

RECEIVING YOUR ORDER — IMPORTANT INSTRUCTIONS

Due to the size and value of Curuxa Customs products, it is very important that the customer checks the condition of the shipment when it is delivered.

We recommend:

  • Inspecting the packaging before signing the delivery note.
  • If any impact, tear, puncture, deformation or other external damage is visible, this should be expressly recorded on the carrier’s delivery note using wording such as “RECEIVED WITH RESERVATION”, together with a brief description of the damage.
  • Taking photographs of the packaging before opening it whenever there are signs of damage.
  • Taking photographs of the product and any affected parts if damage is discovered during unpacking.
  • Keeping the original packaging until the condition of the product has been fully checked and any incident has been resolved.

Signing the delivery note without reservations may serve as evidence that no obvious external damage was visible at the time of delivery, but it does not constitute a waiver of any consumer rights relating to hidden damage, lack of conformity or other defects that could not reasonably have been detected at that time.

CLAIMS FOR TRANSPORT DAMAGE

If a product arrives damaged as a result of transportation:

  1. The customer should notify Curuxa Customs as soon as possible by email at info@curuxacustoms.com.
  2. Whenever possible, we recommend reporting the incident within the first 24 hours after delivery, as this makes it easier to process the claim with the carrier.
  3. The notification should include photographs of the outer packaging, the internal protective materials and the affected product or components.
  4. Curuxa Customs will manage the incident with the relevant carrier and inform the customer of the procedure for resolving the issue.
  5. Where appropriate, Curuxa Customs will repair or replace the affected parts or take any other measure appropriate to the nature and extent of the damage.
  6. Where replacement parts need to be manufactured, the resolution time will depend on the corresponding manufacturing process.

The recommendation to report transport damage within 24 hours is intended to facilitate claims against the carrier and does not limit or remove any statutory rights available to consumers.

RETURNS AND RIGHT OF WITHDRAWAL

The right of withdrawal described in this section applies to customers who legally qualify as consumers.

As a general rule, and subject to the exceptions provided by law, consumers have 14 calendar days from receipt of the product to notify Curuxa Customs of their decision to withdraw from the contract.

The consumer is not required to provide a reason for the withdrawal.

However, in accordance with Article 103(c) of Spanish Royal Legislative Decree 1/2007, the right of withdrawal does not apply to the supply of goods made to the consumer’s specifications or which are clearly personalised.

Accordingly:

  • The fact that a product is manufactured to order does not automatically exclude the right of withdrawal.
  • Where a product has been manufactured according to dimensions, finishes, modifications or other individual specifications requested by the customer, it may be excluded from the right of withdrawal where it meets the legal requirements for being considered a product made to the consumer’s specifications or clearly personalised.
  • Whether this exception applies will depend on the specific characteristics of the order.

Where the right of withdrawal applies, the consumer must notify Curuxa Customs within the statutory period by email at info@curuxacustoms.com or by means of any other unequivocal statement indicating their decision to withdraw.

The consumer must return the goods without undue delay and, in any event, no later than 14 calendar days after notifying Curuxa Customs of the withdrawal.

The direct cost of returning the goods will be borne by the consumer where legally applicable and where the consumer has been informed of this beforehand.

Due to the size and weight of Curuxa Customs products, many products cannot normally be returned using standard postal services. In such cases, the return cost will depend on the product and the location from which the collection must be arranged.

The product must be adequately prepared for return transportation. Whenever possible, customers are advised to retain and use the original packaging due to the particular characteristics of the furniture.

The absence of the original packaging will not in itself result in loss of the right of withdrawal where that right legally applies. However, the customer will be responsible for using sufficiently protective packaging and for any reduction in value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Where withdrawal applies, Curuxa Customs will make the corresponding reimbursement within the periods established by applicable law. Curuxa Customs may withhold reimbursement until the goods have been received or until the consumer provides sufficient evidence that they have returned the goods, as applicable.

Purchases made by companies or professionals acting within the scope of their business or professional activity are not subject to the statutory consumer right of withdrawal, unless different terms have been expressly agreed with Curuxa Customs.

WARRANTY

Products sold to consumers are covered by the statutory legal guarantee of conformity established by the applicable legislation.

Where Spanish consumer protection law applies, Curuxa Customs is responsible for any lack of conformity existing at the time of delivery and becoming apparent within three years from delivery of the goods.

In the event of a lack of conformity covered by the statutory guarantee, the consumer is entitled to the remedies provided by applicable law, which may include, where appropriate, repair or replacement of the product and, where these remedies are not possible or appropriate, a price reduction or termination of the contract.

Repair or replacement covered by the statutory guarantee will be carried out at no cost to the consumer in accordance with the applicable legal requirements.

The statutory guarantee does not cover damage caused by:

  • Improper use or use contrary to the product instructions;
  • Impacts or damage occurring after delivery and attributable to the user;
  • Inappropriate exposure to humidity, water, extreme temperatures or other environmental conditions;
  • Modifications, repairs or alterations carried out by unauthorised third parties;
  • Normal wear and tear resulting from use;
  • Any other external cause that does not constitute a lack of conformity existing at the time of delivery.

Consumers residing in other European Union Member States will in all cases retain any mandatory consumer protection rights granted to them under the legislation that applies to their purchase.

Purchases made by companies or professionals for purposes related to their trade, business or professional activity are not subject to the specific three-year statutory consumer guarantee regime. Such transactions will instead be governed by the contractual conditions agreed between the parties and by the applicable civil or commercial legislation.

APPLICABLE LAW

These Terms of Sale are governed by Spanish law, without prejudice to any mandatory consumer protection provisions that may apply to consumers residing in other countries.

Where the customer qualifies as a consumer, any dispute will be resolved in accordance with the applicable rules on jurisdiction and consumer protection. Nothing in these Terms of Sale is intended to restrict any mandatory rights granted to consumers by applicable law.

Transactions between Curuxa Customs and companies or professionals will be governed by the contractual conditions expressly agreed between the parties and by the applicable civil or commercial legislation.

CONSUMER RIGHTS NOTICE

Nothing in these Terms of Sale is intended to exclude, restrict or limit any mandatory rights granted to consumers under applicable consumer protection law.

Where any provision of these Terms of Sale conflicts with mandatory consumer protection legislation applicable to a particular purchase, the mandatory provisions of that legislation shall prevail.

Consumers may therefore benefit from additional statutory rights depending on their country of residence and the legislation applicable to the transaction.