General terms and conditions of sale

General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

Last update: 2023/05/01

Preliminaries

The website is the property of : Decoanko Hogar, S.L (hereinafter "DECOANKO").

- The registered office is located at Sorolla Center, Cortes Valencianas,58 05 A C.P : 46015 Valencia (Spain)

- VAT number ESB13707781

- Registered in the Mercantile Registry of Valencia in Volume 11377, Book 8655, Folio 100, Section 8, Sheet V211136, Registration or annotation 1 Date 05/18/2023, Year Pre: 2023

It is the responsibility of the user (hereinafter referred to as the "user") to take note of the general terms and conditions of sale (hereinafter referred to as the "general terms and conditions of sale") in force at the time he/she initiates the purchase process.

By accepting these conditions, the user declares that he/she is of legal age and has sufficient legal capacity to be bound by these GENERAL CONDITIONS OF SALE.

Please check the product information carefully for specific conditions of sale. These GENERAL TERMS AND CONDITIONS OF SALE may be supplemented or modified by specific clauses or conditions indicated on certain products, particularly with regard to the right of withdrawal, exchanges or refunds.

DECOANKO may modify these GENERAL TERMS AND CONDITIONS OF SALE at any time. Any such changes shall not affect purchases made prior to the entry into force of such changes, which shall in any event be governed by the GENERAL TERMS AND CONDITIONS OF SALE in force at the time of such changes.

These GENERAL TERMS AND CONDITIONS OF SALE can be saved and reproduced at any time by the User who makes a purchase using the options of his/her Internet browser and must be read and accepted before finalising the purchase.

User registration

To access the electronic purchase of DECOANKO products, it is not necessary to register as a user of the site (www.decoanko.com). You can make the purchase without registration.

Period of validity of the offer

Without prejudice to the provisions of the specific legislation, electronic offers or contract proposals shall be valid for the period set by DECOANKO or, failing that, for as long as they remain accessible to the addressees.

Purchasing process

The purchasing process includes the following steps:

(A) Product selection: Browse our site and click on the "Add to Cart" button whenever you want to add a product to the cart. The basket contains the name of the selected product, the quantity and the price in euros.

(B) Start the payment procedure : To start the payment procedure, click on the "Proceed to payment" button.

(C) Completing the purchase data: Before selecting the payment method, you must complete your purchase data and correct any errors made during input. Once you have checked your data, confirm your order.

(D) Selection of the payment method: select the payment method of your choice, accept these GENERAL TERMS AND CONDITIONS OF SALE by ticking the relevant tab and click on the "Finalise order" button. At this point, the contract will be completed in all respects.

(E) Confirmation of purchase: Once we have received your acceptance, DECOANKO will issue an on-screen confirmation for you to file which will contain the following information:

- Order number.

- Date of order.

- Summary of the products included in the purchase. In all cases, DECOANKO will issue a confirmation of the purchase by e-mail within a maximum of 24 hours of receiving the order form.

Throughout the purchase process, you can consult these GENERAL CONDITIONS OF SALE, as well as the final price of the selected products.

Once the purchase has been confirmed, the customer may not modify or cancel the order, except in the cases provided for by law or by these GENERAL CONDITIONS OF SALE.

Contracts

The purchase of products by DECOANKO users is carried out by following the process established for this purpose on the website. By selecting and clicking on the "Finalise purchase" button during the purchase process directly on the website or by receiving the order form by e-mail, the user declares that he/she fully and unreservedly accepts all of these general conditions.

The agreement shall be deemed to have been formalised and completed when DECOANKO receives payment of the stipulated price from the user.

Any quotation sent to the customer is valid for seven calendar days from the date of the quotation. If no payment has been made after this period for confirmation of the order, the quotation will be deemed to be cancelled and any offer made will not be valid.

All contracts that users can conclude through the website are concluded with DECOANKO. The parties expressly agree on a reservation of ownership in favour of DECOANKO, so that the ownership of the product subject to sale shall not pass to the user customer until DECOANKO has received the full amount (as well as the payment of VAT and the applicable shipping costs), reserving for itself until that time the right of ownership over this product and the legal actions that correspond to this reservation of ownership. If a manufacturer informs DECOANKO that the selected order or a product from this order is not available, DECOANKO will inform the user customer of this and will refund the full amount of the order or the part corresponding to the product in question, as well as the corresponding shipping costs, by bank transfer.

DECOANKO will make this refund on the 25th of each month, starting from the date of notification to the user of the unavailability of the product.

Under no circumstances will any rights be generated in favour of the user (compensation, discounts, etc. ....) for this reason. The customer has 48 hours to change his/her mind or cancel the order.

Acceptance of pro forma invoices, by payment of 50% of them, implies full acceptance of the conditions set out therein.

DECOANKO reserves the right not to reimburse the invoice amount if the customer refuses to accept the goods.

DECOANKO undertakes to repair or replace any damage caused during manufacture or handling during transport of the goods, provided that the reason for the damage is justifiable and demonstrable, there will be no reimbursement beyond 24 hours once the delivery has been made and photographs have been provided to us.

The client must indicate this on the delivery note of the transport company and notify it in writing to the email: info@decoanko.com within a maximum period of 24 hours (MAXIMUM), where they must indicate a detailed description of what happened accompanied by photographic documentation of the claimed damages.

For all custom-made products, if the manufacturer deems it appropriate, a signed acceptance will be requested from the customer, exonerating the manufacturer and DECOANKO from any liability.

The photographs presented on this site have no contractual value.

Depending on the resolution of each screen, there may be differences in the colours of the finishes offered.

The manufacturers we work with on our website reserve the right to make any changes to the products offered, provided that these changes improve the stability and quality of the furniture.

Prices, taxes and shipping costs

All the prices indicated on the website are in euros and include the taxes and levies applicable to Spanish territory, without prejudice to the fact that the purchase of products from another territory may give rise to the application of the corresponding taxes and/or levies.

DECOANKO shall withhold the final amount of the order via the bank details entered by the user on the website.

INFORMATION NOTE :

In accordance with Royal Decree-Law 7/2021, of 27 April. Article 10. Modification of Law 37/1992, of 28 December, on Value Added Tax of the tax regulations in force (only for EU countries), we inform you that the VAT corresponding to your country will be applied, maintaining in any case the price indicated on our website, so that even if on your invoice the amounts corresponding to the taxable base and taxes may be modified, the cost of the product for you will be the same. If you have an intra-community VAT number, this regulation will not apply.

The prices offered and appearing on the product website at the time of placing the corresponding order will be applied to orders placed by the user customer through DECOANKO, unless the latter makes an error. In any case, DECOANKO reserves the right to modify the prices of the products offered at any time, without prejudice to the fact that these will be invoiced at the price in force at the time the order is registered. All information relating to price comparisons, product discounts and/or user discounts are calculated on the basis of the information provided by the manufacturers or, where applicable, on the basis of the prices that DECOANKO has been able to ascertain for these products.

For purchases in the Spanish peninsula and the Balearic Islands, transport costs are included in all our products. The delivery service and assembly at the customer's home are included in most of the items offered. This service includes:

- Transport of the order to the address indicated.

- Delivery of the order to your home, on the floor indicated in the order.

- Removal of packaging.

- Assembly of furniture that requires it.

VERY IMPORTANT: ALL THESE SERVICES ARE CARRIED OUT BY PROFESSIONALS IN THE FURNITURE INDUSTRY. WE DO NOT WORK WITH COURIER COMPANIES OR SUBCONTRACTORS FROM OTHER SECTORS FOR THESE SERVICES.

SERVICE VALID ONLY FOR THE SPANISH PENINSULA AND THE BALEARIC ISLANDS.

THIS SERVICE MAY BE OFFERED FOR CERTAIN ITEMS IN THE CANARY ISLANDS. YOU SHOULD CHECK THE PRICE INCREASE.

For purchases in metropolitan France, transport costs are included for all our products. The delivery service to the customer's home is included in most of the items offered. This service includes :

- Transport of the order to the address indicated.

- Delivery of the order to your home, on the floor indicated in the order.

- Removal of packaging.

No assembly abroad. Assembly instructions will usually be supplied with the furniture. The assembly of our furniture is not complicated, but we recommend that you seek professional help.

For purchases with a destination other than Spain and France, please contact us to calculate the transport and delivery costs.

All product data sheets on our website indicate the dimensions of the products, so it is the customer's responsibility to ensure that the dimensions of the desired products will not cause problems with access to your home through doors, corridors, lifts, stairs, etc. You can check the measurements with our customer service department to see if it is possible to get them up the stairs or lift or if it is necessary to use a crane to get them into your home through a window or terrace.

In the event that it is necessary to hire a crane, cut the public road, obtain official permits, etc., the client shall be responsible for carrying out the management of all that is necessary with the corresponding costs and excluding DECOANKO from any type of responsibility in the management and delivery of this order.

For a number of products, the delivery service inside the home and assembly (only from Spain and the Balearic Islands) is not included in the price indicated. These are products that will be delivered to the doorstep. For this service, we use express transport companies and the product is prepared with special packaging, assembly instructions and the small tools necessary for installation. If you would like an ALL INCLUSIVE service, please contact us and we will inform you of the extra cost of this service for the selected item. This is only valid for Spain and the Balearic Islands.

For a number of products, the delivery service in mainland France will be at the door step on the ground floor. If you would like a conventional delivery inside the home, please contact us and we will inform you of the additional cost for this service for the selected item.

For destinations other than Spain and France, please contact our customer service department to find out the cost of transport and delivery.

The delivery staff will not remove any furniture already installed at the customer's premises.

NOTE: For shipments to the Canary Islands, the IGIC tax will be paid by the customer and for shipments to Ceuta and Melilla, the IPSI tax will also be paid by the customer, if you want the ALL INCLUSIVE service for these areas, you must consult the cost of this in the customer service. The prices of the products may vary at any time depending on the pricing policy of DECOANKO. The products purchased will be invoiced at the price in force at the time of purchase.

Payment

The user can pay the price of the products purchased by one of the following means:

a) By debit or credit card issued by European financial institutions. The payment of the user's order is made in real time through the virtual point of sale, after verification of the accuracy of the data provided. Our payment system does not accept American Express cards. Payment by POS implies a 100% advance payment.

b) By bank transfer.

c) By STRIPE

d) By AMAZON PAY

Payment by bank transfer must be made to the order of DEKOANKO HOGAR, S.L. to the account number that will be indicated. Remember that it is essential that in this transfer/deposit you indicate the order number that will be provided in the order confirmation. You must first make a bank transfer of 50% of the total amount of the order. The rest will be paid by bank transfer before the order is delivered. Cheques or other forms of payment will not be accepted on our bank accounts.

Invoice

The user agrees that DECOANKO may send the proof of purchase by e-mail to the address provided by the user. The user may at any time revoke his consent to receive the invoice in electronic form by sending an e-mail to info@decoanko.com

In addition, the user may at any time request a hard copy of the invoice from info@decoanko.com

Delivery

When your order is dispatched from the factory to our nearest warehouse, our customer service team will inform you by email and, if there is a balance to pay, you will be asked to pay this amount in order to continue the delivery process. Once your order has been confirmed in our warehouse in your area and within a maximum of 7 working days, for ALL INCLUSIVE deliveries, our fitters will contact you by telephone to agree a date and time for delivery and assembly at your home. This is only valid for Spain and the Balearic Islands.

For metropolitan France, delivery will be made within 10/12 days once the order has been sent. The carrier will contact you to arrange a delivery date with the customer. For other destinations, our customer service will inform you.

Once an appointment has been made, it is the responsibility of the Customer to ensure that the delivery can be made to the address indicated and confirmed to the carrier during the working hours when the transport companies make their deliveries. If the delivery cannot be made on the agreed date due to the

absence of the Customer without a justified reason or due to access difficulties that have not been notified in advance, DECOANKO shall not refund the amounts paid by the Customer and a second delivery shall be paid for. The cost of this second delivery will depend on the order and customer service will inform you of the exact amount.

IMPORTANT: If, for any reason whatsoever, the customer delays the delivery of the order received or stored in our storage area for more than 5 working days, once notified for delivery of the order, DECOANKO reserves the right to charge for the storage of the furniture from the sixth working day. This shall entail an additional cost of EUR 25.00 (incl. VAT) per day, in which case the amount resulting from this storage shall be paid in full prior to delivery of the order.

ALL INCLUSIVE services (valid only in Spain and the Balearic Islands) are available from Monday to Friday. In case of special deliveries (Saturday morning), there will be an additional cost of 150,00 euros that must be paid before delivery. Please note that the special delivery service (Saturday morning) is not available in all areas and must be requested in advance so that we can confirm the possibility.

DECOANKO does not commit to shipping products in advance, as the shipping date ultimately depends on the suppliers and manufacturers. The manufacture of most of the products offered on the website is always to order, the estimated average manufacturing and delivery time is between 45/55 working days for standard size furniture. For special size furniture, it will be 60/70 working days. The delivery time of your order may vary significantly for reasons beyond our control, such as justified delays in manufacturing or transport, as well as any other extraordinary circumstances. If the delivery of your order entails additional costs (customs duties or any other type of costs, provided that they are justified under the regulations in force in your country of residence), these will be borne entirely by the customer.

Responsibility for delivery.

The delivery will be considered to have been made as soon as the product has been placed at the disposal of the customer at the indicated place of delivery. The risks associated with the products (loss, breakage, scratches, shocks or theft) will be transferred to the customer from the moment the product has been made available to him/her, in accordance with the provisions of these general conditions. If the product(s) sent are damaged on delivery, the customer must indicate this on the delivery note of the transport company (and assembly company for Spain and the Balearic Islands) and notify this in writing to: postventa@docoanko.com within a maximum of 24 hours, giving a detailed description of what has happened, together with photographic documentation of the damage claimed. If a piece of furniture is replaced, it will be made to the same measurements and finishes as those indicated in your order confirmation. Under no circumstances will we agree to change the measurements and/or finish or repair the furniture on behalf of the customer and at the expense of DECOANKO.

If, at the express request of the Customer, the goods are delivered to third parties, DECOANKO shall not be liable for any damage resulting from this. DECOANKO shall be released from its delivery obligations and shall not be liable in this respect in the following cases

A) In the event of non-payment by the user, in accordance with the provisions of the legislation in force.

B) Omission or inaccuracy of information to be provided by the User in the order form at the time of placing the order.

Availability

In the event that the product is not available after the order has been placed, the User will be informed by e-mail of the cancellation of the order. DECOANKO does not guarantee the permanent availability of the products, being exonerated from any type of responsibility as long as it is not caused by a fraudulent breach of duty on the part of DECOANKO, or that it is derived from errors in the unavailability of the service of the telematic data transfer networks beyond its control.

Customer service and dispute resolution

If you have any questions or problems, you can contact DECOANKO's customer service department on the telephone number or e-mail address given below and during the opening hours provided for this purpose.

- Telephone: (+34) 960 660 717

- Address: Centre Sorolla. Cortes Valencianas, 58, 05-A 46015 VALENCIA (SPAIN)

- Opening hours: Monday to Friday from 10:00 to 18:00.

- E-mail address: info@decoanko.com

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the User has the right to request out-of-court settlement of consumer disputes via this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Guarantee

In case the user acts as a consumer and user, all our products are guaranteed nationwide against manufacturing defects for 2 years, except for those products where another period is indicated. If you purchased the products after 1 January 2022, the warranty period will be 3 years. The warranty is expressly excluded in the following cases:

a) Transport, accidents, improper use and other damage which is not due to normal use of the product by the customer after delivery of the goods. This guarantee only covers transport damage caused before the receipt of the material.

b) Transport of the product without the original packaging.

c) Abrasions, cuts, scratches, creases, marks, scuffs or other damage caused by animals or improper use of the product.

d) Use of or contact with chemical products (acids, solvents, dyes, paints, ammonia, hairspray or other styling products, etc.) or treatment with cleaning products not indicated for the specific upholstery of the guaranteed product.

e) Deterioration of colour due to exposure of the product to sunlight or other sources of heat.

f) consequential damage and loss of any kind.

g) damage, personal and/or material, caused by the user's failure to comply with the rules and instructions given by DECOANKO for the installation, use and maintenance of the product.

Force majeure

DECOANKO shall not be liable for the total or partial non-fulfilment of the obligations arising from this agreement or for the delay in the fulfilment thereof if such non-fulfilment is due to a circumstance of force majeure, including general, territorial or sectoral strikes, floods, fires, pandemics, etc.

Protection of personal data

In accordance with the provisions of Organic Law 3/2018 of 5 December and Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as the regulations in force applicable at any given time, we inform you that your personal data collected through this document will be processed by DECOANKO HOGAR , S.L. in order to comply with the existing business relationship between you and our company.

Personal data may be communicated to third parties provided that such communication is necessary to develop, execute and monitor the commercial relationship and/or is limited to the above-mentioned purposes, in accordance with the applicable regulations.

We inform you that you may exercise your rights of access, rectification, cancellation, opposition, limitation of processing and portability at any time at the registered office of the merchant indicated above or by sending an e-mail to the following address: info@decoanko.com

More detailed information on the processing of personal data can be found in the Privacy Policy of the DECOANKO website available at this link:

https://decoanko.com/en/content/3-general-terms-and-conditions-of-sale

Intellectual property rights

DECOANKO retains all intellectual and industrial property rights, including trade secret rights, to all drawings, standards, paintings, diagrams, graphic material, photographs, design samples, content and other documents, whether in electronic, printed, pre-printed or brochure form, which are delivered to the user in connection with the manufacture, testing, demonstration and marketing of its products.

The user acknowledges that, by virtue of these GENERAL TERMS AND CONDITIONS OF SALE, DECOANKO does not assign or transfer to the user any intellectual and/or industrial property rights over its goods, or over any third-party rights. DECOANKO only authorises the user to access and use the same in accordance with the terms set out in these GENERAL TERMS AND CONDITIONS OF SALE. Therefore, DECOANKO does not grant the user any other licence or authorisation to use the intellectual and/or industrial property rights than that expressly provided for in this clause.

Nullity or voidability

If any of the provisions of these GENERAL TERMS AND CONDITIONS OF SALE are found to be null and void, voidable, illegal or unlawful, then, to the fullest extent permitted by law, the following shall apply

a) This declaration does not invalidate the rest of the GENERAL TERMS AND CONDITIONS OF SALE, which remain in force.

b) The invalid or voidable clause(s) shall preferably be replaced or adapted to be void.

Applicable law and jurisdiction

These GENERAL TERMS AND CONDITIONS OF SALE shall be governed or interpreted, in all matters not expressly provided for herein, in accordance with Spanish law, and in particular with Law 34/2002 on Information Society Services and Electronic Commerce. The language of the contract is Spanish.

DECOANKO and the user expressly agree to waive any other applicable jurisdiction and to submit any dispute that may arise from the provision of the products or services covered by these GENERAL CONDITIONS OF SALE to the courts and tribunals corresponding to the user's domicile. The consumer may also opt for the jurisdiction of the Courts of the city of Valencia (Spain).

If the user contracts as a consumer or user, nothing in this clause shall affect the user's rights under applicable law.