1. PREAMBLE

This document contains the Conditions governing the use of this website and the contract that binds the two of us - You and us - (hereinafter the "Conditions"). These Conditions set out the rights and obligations of all users (hereinafter "You"/"your"/"User") and those of HOMEBYAUK (hereinafter "we" / "our" / "the Seller") in relation to the products/services we offer through this website. Please read these Terms carefully before clicking on the "Authorize Payment" key to place the order. By using this website or placing an order through it, You consent to be bound by these Terms, so if You do not agree with all the Terms, You must not place any orders. 

These Conditions may be modified, so you should read them before placing each order. 

If you have any questions regarding the conditions of purchase or the privacy policy you can contact us through our contact form. HOMEBYAUK is a Company of Spanish nationality with registered office at Calle Quart 46, 46001 Valencia with identification X2517585M.

2. USE OF OUR WEBSITE

These Conditions are the only conditions applicable to the use of this website and supersede any other, unless express prior written consent of the Seller. These Terms are important to both you and us as they are designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company.

You declare that, by placing your order, you have read and accept without reservation these Conditions. 

You agree that: 

.  You may only use the Website to make legally valid inquiries or orders.
.  You will not be able to place any speculative, false or fraudulent order. If we have reasonable grounds to believe that such an order has been made, we will be entitled to cancel it and inform the relevant authorities.

.  You also agree to provide us with your email address, postal address and/or other contact details in a certain and correct manner and you consent that we may use this information to contact you if necessary (see our Privacy Statement).
.  If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you warrant to us that you are over the age of 18 and that you have the legal capacity to enter into binding contracts. 

3. SERVICE AVAILABILITY

The items offered through this website will only be available in the Iberian Peninsula, being outside our operational range, the Canary Islands, Balearic Islands, Ceuta, Melilla and the rest of the countries

4. ORDER CONFIRMATION

The User must place his order through the Internet on our website www.homebyauk.com, accessible 24 hours a day, 7 days a week except in an impeding case.

The data communicated by the User and registered during the registration and order constitute proof of the transactions carried out between HOMEBYAUK and the User.

After validation of the order by the User, HOMEBYAUK confirms to notify him that the order has been placed correctly. Orders will only be binding on Homebyauk once they have been accepted by Homebyauk. This acceptance will be announced through the conformation communicated to the client.

The User has the obligation to check the confirmation of the order and notify HOMEBYAUK immediately, any error that it suffers. HOMEBYAUK is not responsible for the information provided in the order form and therefore will not be responsible for the impossibility of delivering products when the order suffers from an error in the data provided, in this sense the User expressly exonerates HOMEBYAUK for the responsibility that derives from this end knowing that it is not their responsibility but that of the User himself.

5. PRODUCT AVAILABILITY

All orders for products are subject to the availability of the same and, in this sense, if there are difficulties in terms of their supply, or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to place an order for these substitute products, we will refund any amount you may have paid. 

6. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any Product from this website at any time and/or to remove or modify any material or content thereof. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to refuse the processing of an order after having sent the Order Confirmation, and we reserve the right to do so at any time, in our sole discretion. 

We will not be liable to you or any third party for removing any product from this website, regardless of whether such product has been sold or not, removing or modifying any material or content from the website, or for refusing to process an order once we have sent you the Order Confirmation.

7. RIGHT TO WITHDRAW FROM PURCHASE

If you are contracting as a consumer, you may withdraw from the Contract at any time within 7 days from the date of receipt of the products and without the need to allege any cause. However, HOMEBYAUK will not accept returns whose written notification by the User occurs after 14 calendar days from the date of receipt of the product.

In the event of acceptance by HOMEBYAUK of the return of the item (for complying with all the requirements of validity), the User will bear the direct costs of said return, not being subject to refund the shipping costs generated by the initial order or by return.

HOMEBYAUK will not accept returns if the product is not presented in perfect condition.

HOMEBYAUK will not accept returns if the product packaging is not the original or is not in perfect condition. The original packaging must be protected so that it is received in perfect condition, being prohibited the use of seals or adhesive tapes applied directly on the product.

All returns must be authorized by HOMEBYAUK. To obtain such authorization, the User must request the return of the item to HOMEBYAUK by means of an email (addressed to [email protected]) indicating the reason for the return and the order number.

Once the User has received the return authorization, HOMEBYAUK will collect the products at the postal address indicated by the User. The costs of transport, including both those derived from delivery and return, will be borne by the User.

Your right to withdraw from the Contract shall apply exclusively to those products that are returned in the same conditions in which You received them. It must also include all instructions, documents and packaging of the products. No refund will be made if the product has been assembled, used or if it has suffered any damage, so you must be careful with the product(s) while they are in your possession.

You will not have the right to withdraw from the Contract whose object is the supply of any personalized product.

Please treat the products with reasonable care while they are in your possession and keep, if possible, the original boxes and wrappers for the case of return. 

Further details on this right recognised by law, as well as the explanation on how to exercise it can be found in clause 14 of these Conditions.

This provision does not affect the rights recognized to the consumer by current legislation.

8. DELIVERY

Without prejudice to the provisions of Clause 5 above and unless extraordinary circumstances occur, we will try to send the order of the product (s) listed in the Shipping Confirmation before the delivery date contained in the Shipping Confirmation, in any case, when working with suppliers this period will be between 1 and 6 weeks.

HOMEBYAUK will always inform the User of the delivery times foreseen for each product offered on the web. In addition, once the order has been formalized, the User may consult, when necessary, the status of his order in the "MY ACCOUNT" section. 

The delay may be due to the following reasons: 

.  Customization of products;
.  Specialized articles;
.  Unforeseen circumstances;
.  Delivery area;

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays. 

By accepting this delivery service, you are accepting the entry into your home of the personnel in charge of making the deliveries, and we ask you to remove anything that could suffer damage at the time of delivery. Except in the event that it is due to our negligence, we will not be liable for anything that has not been duly removed if You could have taken reasonable steps to eliminate or minimize the risk. 

Please make sure that the ordered products fit well in your home, in the places where you intend to place them or in the delivery areas. If the product(s) does not fit, at this time you can still accept delivery or return the products, taking into account that the return will be at your expense (for more details, see our Returns Policy). 

For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the product(s) have been "delivered" at the time of signing the receipt of the same at the agreed delivery address.

9. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to make the delivery, we will try to find a safe place to leave the package for you. If we cannot find a safe place, your product(s) will be returned to our warehouse. We will leave you a note explaining where your package is located and how to get it shipped to you again. If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. 

Please note that the storage and reshipment of your product(s) may have an additional cost.

10. TRANSFER OF RISK AND OWNERSHIP

The risks of the Products will be borne by you from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including shipping costs, or at the time of delivery (as defined in clause 8), if delivery takes place at a later time.

11. PRICE AND METHOD OF PAYMENT

The price of the products will be the one stipulated at all times on our website, except in case of manifest error. Although we try to make sure that all the prices listed on the page are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and you will be fully refunded the amounts that have been paid.

We will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unequivocal and could reasonably have been recognised by you as the incorrect price.

The prices on the website include VAT and shipping costs in Spain, Peninsular Portugal, Andorra and Gribraltar. For other destinations, ask for a quote at: www.homebyauk.com

Prices may change at any time, but (except as set out above) possible changes will not affect orders for which we have already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you want to buy will have been added to your basket and the next step will be to process the order and make the payment. To do so:

1.  Click the "View Basket" button at the top of the page.
2.  Click on the "Process Order" button.
3.  Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address where the invoice will have to be sent.
4.  Enter your credit card details.
5.  Click on "Authorize Payment"

The User may make the payment through any of the following systems:

Payment by card: (Visa and MasterCard). In the case of choosing this modality, the User will be able to make their purchases comfortably and safely with their card through the Payment Platform of La Caixa. If the User uses this payment method, his order will not be validated until the payment is made to the indicated account, under the authorization of the competent payment centers. If the payment is not authorized, the User's order cannot be accepted and will be canceled for such reason.

In the event that the details of the buyer and the cardholder do not correspond, Homebyauk reserves the right to contact the User to confirm their identity or to contact the bank to ensure that there are no notifications of theft of the bank card.

Charges will be made to the bank card at the time the purchase details are confirmed. In case it has not been possible to do so due to any circumstance, we will contact you through the email you provided in the registration to inform you of the incident.

Payments made by bank card will not incur additional expenses.

It should be borne in mind that the La Caixa payment gateway provided by HOMEBYAUK, has the appropriate security measures to avoid interceptions in communications. However, any transfer of data over the Internet has the risk of being intercepted by breaching security systems. Homebyauk does not guarantee that this cannot occur, not being responsible if it happens.

Pay Pal: The User can make the amount of his order effective through his Pay-Pal account. Your purchase will be considered made in the same terms as in the case of making the payment by bank card. In any case, it is necessary that the Data of the Pay-Pal account correspond to the data of the buyer, otherwise HOMEBYAUK reserves the right to contact the buyer to ratify his identity.

Wire transfer: If the User opts for this means of payment, he will receive an e-mail with the bank details necessary to make the transfer for the value of the total amount of the order. Once HOMEBYAUK has received the transfer in your account, it will proceed to validate the order and send it. The bank commissions accrued as a result of the realization of the bank transfer will depend on each entity and the conditions thereof and will be borne, in any case, by the User.

HOMEBYAUK states that it does not have access to confidential data relating to the means of payment used, and therefore does not store them. Only La Caixa and Pay-Pal have access to this data as a way of managing payments and collections and that we are inaccessible to other third parties.

12. VALUE ADDED TAX

In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (VAT).

13. RETURN POLICY

Returns in exercise of the right to withdraw from the purchase. 

General Policy:

The User may withdraw from his purchase at any time within seven (14) calendar days following receipt of the order, without the need to allege any cause for it. HOMEBYAUK will not accept returns of orders after this period unless justified cause.

In the event that HOMEBYAUK accepts the return of an order (for meeting the requirements for its valid return) the User will be responsible for all additional expenses that this return entails.

The return will be made in the same way that was used to pay for the purchase. You will bear the cost and risk of returning the products to us, as stated above. 

The exchange or return of those products that are not in the same conditions in which you received them, or that have been used beyond the mere opening of the product, will not proceed. The product may not have been assembled or used.

The right to return products that have been made according to the buyer's specifications, tailor-made, by express order or clearly personalized, may not be exercised.

Returns of defective products 

In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately through our contact form providing the details of the product as well as the damage it suffers.

You must return the product to us at the address indicated on the Returns Form that you will receive with the product at the time of delivery.

Returns of defective products 

In cases where you consider that at the time of delivery the product does not comply with the provisions of the Contract, you must contact us immediately through our contact form providing the details of the product as well as the damage it suffers.

You must return the product to us at the address indicated on the Returns Form that you will receive with the product at the time of delivery.

We will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable time if it is appropriate to return or replace it (if applicable).

The return or replacement of the item will be made as soon as possible depending on the stock of our suppliers but in any case in a period not exceeding 4 weeks from when it is confirmed by e-mail the acceptance of the return of the product as defective. 

The amounts paid for those products that are returned because of a defect or defect, when it really exists, will be refunded in full, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The return will be made in the same way that was used to pay for the purchase. 

The rights recognized by current legislation are safeguarded.

14. LIABILITY AND DISCLAIMER

Our liability in relation to any Product purchased on our website shall be strictly limited to the purchase price of such Product. 

Nothing in these Terms of Purchase excludes or limits in any way our liability: 

            1. In case of death or personal injury caused by our negligence;
            2. In case of fraud or fraudulent falsehood; or
            3. In any matter where it is unlawful or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for indirect damages arising as a side effect of the principal losses or damages, that occur in any way, and whether caused by civil tort (including negligence), breach of contract or otherwise, even if they could have been foreseen, including without limitation the following:

         1. loss of revenue or sales;
         2. loss of business;
         3. loss of profits or loss of contracts
         4. loss of anticipated saving;

         5. data loss; and
         6. loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise in it.

All product descriptions, information and materials contained on this website are provided "as is" and without warranties express, implied or otherwise derived. 

To the extent possible as permitted by law, we exclude all warranties while safeguarding those warranties that cannot be legitimately excluded against consumers. 

The Products we sell, especially handicraft products, can often feature the characteristics of the natural materials used in their manufacture. These characteristics such as variation in veins, texture, knots and color will not be considered defects or defects. On the contrary, their presence should be counted on and appreciated.

We only select products of the highest quality, but natural characteristics are inevitable and must be accepted as part of the individual appearance of the product. 

The provisions of this clause shall not affect your rights recognized by law as a consumer, nor your right to withdraw from the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the Website belong at all times to us or to those who licensed them to use them. You may use such material only as expressly authorized by us or those who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact details.

16. WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, You ARE consenting to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your rights recognized by law.

17. NOTICES

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you when placing an order.

It will be understood that notifications have been received and have been correctly made at the same moment they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter.

To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient. 

18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on both You and us, as well as our respective successors, assigns and assignees.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising therefrom on your behalf or to you without our prior written consent.

We may transfer, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations arising therefrom to us or to us, at any time during the term of the Agreement. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights you have as consumers recognized by law or will cancel, reduce or otherwise limit the guarantees, both express and tacit, that we could have granted you.

19. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performing any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Cause").

Causes of Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and shall include in particular (without limitation) the following:

           1. Strikes, lockouts or other protest measures.
           2. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparations for war.

           3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

           4. Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
           5. Inability to use public or private telecommunications systems.
           6. Acts, decrees, legislation, regulations or restrictions of other governments.
           7. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligation to perform under any Contract will be suspended for the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill our obligation for the duration of such period. We will use all reasonable means to terminate the Force Majeure Cause or to find a solution by which we can perform our obligations under the Contract despite the Force Majeure Cause.

20. WAIVER

If during the term of a Contract, we cease to insist on the strict fulfillment of any of the obligations assumed under it or any of these Conditions, or if we cease to exercise any of the rights or remedies that we are entitled to exercise or interpose under said Contract or these Conditions, such act shall not constitute a waiver of such rights or remedies or relieve You of such obligations.

Waivers we make to enforce compliance shall not constitute a waiver by us of subsequent performance.

No waiver by us of any of these Terms and Conditions shall take effect, unless expressly stated to be a waiver and communicated to You in writing in accordance with the provisions of the Notices section above.

21. SEVERABILITY

If any of these Terms or any provision of a Contract is held to be invalid, illegal or unenforceable to any extent by the competent authority, it shall be severed from the remaining Terms, Conditions and Provisions which shall remain valid to the extent permitted by law.

22. INTEGRITY OF THE CONTRACT

These Terms and any documents expressly referred to therein constitute the entire agreement between You and us relating to the subject matter of the Agreement and supersede any prior covenant, agreement or promise agreed between You and us orally or in writing.

You and we acknowledge that you have agreed to enter into this Agreement without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two prior to such Agreement, except as expressly referred to in these Terms.

Neither You nor we shall have any remedy against any uncertain statement made by the other party, oral or written, prior to the date of the Agreement (unless such uncertain statement has been made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Terms.

23. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and modify these Terms at any time.

You will be subject to the policies and Conditions in force at the time you place each order, unless by law or decision of governmental bodies we must make changes to said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that You have previously made.

24. APPLICABLE LAW AND JURISDICTION

Contracts for the purchase of products through our site will be governed by Spanish law. 

Any dispute arising out of or relating to such contracts shall be submitted to the courts and tribunals of Barcelona. 

If you are contracting as a consumer, nothing in this clause will affect the rights recognized as such by current legislation. 

25. COMMENTS AND SUGGESTIONS

Your comments and suggestions will be welcome. Please send us such comments and suggestions via [email protected]

26. WARRANTY

All our products and services have a legal warranty of 2 years.