General Terms and Conditions of Contract

1. Introduction

This contractual document shall govern the General Terms and Conditions for the contracting of kitchen furniture (hereinafter, the "Terms") through the website https://imdcabinets.com/, owned by Imdcabinets S.L., hereinafter referred to as the PROVIDER, whose contact details also appear in the Legal Notice above. These Terms shall remain published on the website at the USER's disposal so that they may be reproduced and saved as confirmation of the contract. They may be modified at any time by Imdcabinets S.L. It is the USER's responsibility to read them periodically, as those in force at the time the order is placed shall apply. Imdcabinets S.L. shall archive the electronic document in which the purchase is formalised and shall make it available to the USER upon request. Contracts shall not be subject to any formality except for the cases expressly set out in the Civil and Commercial Codes and in this or other special laws. By accepting this document, the USER acknowledges that they:

• Have read, understand and comprehend the provisions set out herein.
• Are a person with sufficient capacity to enter into a contract.
• Assume all the obligations set out herein.

These Terms shall have an indefinite period of validity and shall be applicable to all contracts entered into through the PROVIDER's website. The PROVIDER informs that the business is responsible and aware of the legislation in force in the countries to which it ships products, and reserves the right to unilaterally modify the Terms, without this affecting goods or promotions purchased prior to such modification. In accordance with Article 27.1 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), the PROVIDER informs that the language in which the present contract shall be formalised is Spanish.

2. Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is Imdcabinets S.L, with registered office at Carrer Rocafort, 68 - Artés - 08271 (Barcelona, Spain), Tax ID (NIF) B67181115, and customer service telephone number +34 622 357 498. On the other hand, the USER, registered on the website through an email address and password, over which they have full responsibility for use and safekeeping, and who is responsible for the truthfulness of the personal data provided to the PROVIDER.

3. Subject of the contract

The purpose of this contract is to govern the contractual sale-and-purchase relationship arising between the PROVIDER and the USER at the moment in which the latter, during the online contracting process, accepts the corresponding box. The contractual sale-and-purchase relationship entails the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.

4. Rectification of data

Where the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify them to the email address info@imdcabinets.com so that Imdcabinets S.L. may correct them as soon as possible. The USER may keep their data updated by accessing their user account.

5. Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register through the website by creating a user account. To this end, the USER must freely and voluntarily provide the personal data requested, which shall be processed in accordance with Regulation (EU) 2016/679, of 27 April 2016 (GDPR), and Spanish Organic Law 3/2018, of 5 December (LOPDGDD), as detailed in the Legal Notice and the Privacy Policy of this website. The USER shall select an email address and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of any loss or theft thereof or any possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately. Once the user account has been created, in compliance with Article 27 of Spanish Law 34/2002 (LSSICE), the contracting procedure shall follow the steps set out below:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Jurisdiction.
7. General provisions of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Severability and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.

6. General contracting clauses

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

7. Shipping and delivery of orders

The PROVIDER shall not ship any order until it has been verified that payment has been made. Goods are shipped by companies specialising in the transport of bulky merchandise and outdoor furniture, to the destination freely designated by the USER. Standard delivery included in the price corresponds to palletised delivery to the kerbside or main entrance of the dwelling. In cases where access presents special difficulties (cranes, restricted access, stairs, terraces, etc.), the PROVIDER may offer additional logistical solutions subject to a customised quote. If it is necessary to disassemble modules to facilitate access, the USER shall subsequently carry out the installation of the worktop. IMDCABINETS shall provide instructions and explanatory videos to facilitate this process. For this type of special delivery, the USER must contact IMDCABINETS in advance, providing the details of access and the final location of the product. The estimated delivery period is between 4 and 6 weeks, depending on the configuration of the product, finishes, colour and materials selected.

Failure to perform the distance contract

Should it be impossible to perform the contract because the contracted product or service is not available within the foreseen period, the USER shall be informed of the lack of availability and shall be entitled to cancel the order and receive a refund of the full amount paid at no cost, without any liability for damages being attributable to the PROVIDER as a result. In the event of unjustified delay by the PROVIDER in refunding the full amount, the USER may demand payment of twice the amount owed, without prejudice to their right to be compensated for damages suffered in excess of that amount. The PROVIDER shall not assume any liability where delivery of the product or service does not take place because the data provided by the USER is false, inaccurate or incomplete. Delivery shall be deemed to have been made at the moment the carrier has placed the products at the USER's disposal and the USER, or their representative, has signed the delivery receipt document. The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, require the remedy of such lack of conformity, a reduction in price or the termination of the contract. In any of these cases, the USER may also claim damages, where applicable. The USER shall be entitled to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract. It is the USER's responsibility to verify the products upon receipt and to record any reservations and complaints that may be justified in the delivery receipt document.

8. Right of withdrawal

In accordance with the provisions of Article 103.c) of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, and given that the products marketed by IMDCABINETS are modular outdoor kitchens manufactured to order and/or personalised in accordance with the customer's specifications, no returns or cancellations shall be accepted once the order has been confirmed, except in the case of manufacturing defects or damage caused during transport, in accordance with the applicable regulations. Any incident arising from damage caused during transport must be communicated to the PROVIDER through the contact address: info@imdcabinets.com, indicating:

• Order number
• Description of the incident
• Photographs of the product and the packaging
• Contact details

Incidents arising from damage caused during transport must be notified within 48 hours of delivery of the order. Manufacturing defects must be communicated as soon as they are detected, for assessment in accordance with the applicable warranty conditions. In the event of a manufacturing defect, transport damage or error attributable to Imdcabinets S.L., the costs of collection, return or replacement shall be borne by the PROVIDER. In any other case not covered by the warranty or applicable legislation, the costs arising from transport, return or handling shall be borne by the customer, subject to prior acceptance by Imdcabinets S.L.

9. Complaints

Any complaint the USER deems appropriate shall be addressed as soon as possible, and may be submitted through the following contact channels:

• Postal address: Carrer Rocafort, 68 - Artés - 08271 (Barcelona, Spain)
• Telephone: +34 622 357 498
• E-mail: info@imdcabinets.com

10. Force majeure

The parties shall not incur any liability for any failure due to force majeure. Performance of the obligation shall be postponed until the force majeure event ceases.

11. Jurisdiction

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale. If any stipulation of these Terms is deemed null or impossible to fulfil, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way. The USER declares that they have read, understood and accepted these Terms in their entirety.

12. General provisions of the offer

All sales and deliveries made by the PROVIDER shall be deemed subject to these Terms. No modification, alteration or agreement contrary to the Commercial Proposal of Imdcabinets S.L. or to the provisions set out herein shall have effect, except by express written agreement signed by the PROVIDER, in which case such particular agreements shall prevail.

13. Price and period of validity of the offer

The prices indicated for each product or service include Value Added Tax (VAT) or any other taxes that may be applicable. The prices applicable to each product are those published on the website and shall be expressed in EURO. The USER acknowledges that the economic valuation of some products may vary in real time. Before completing the purchase, the USER may verify online all the details of the quote: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed. Once the order has been placed, prices shall be maintained whether or not products are available. Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the corporate name provided when placing the order. Should the USER wish to receive it by email, they must request it through any of the means made available by the PROVIDER, and shall be informed that they may revoke this decision at any time. For any information concerning the order, the USER may contact the PROVIDER's customer service by telephone on +34 622 357 498 or by email to info@imdcabinets.com.

14. Shipping costs

Standard delivery included in the price corresponds to palletised delivery to the kerbside or main entrance of the dwelling. However, shipping costs may vary depending on the delivery address, accessibility of the location, dimensions of the order and/or additional logistical services required.

15. Payment methods, charges and discounts

The PROVIDER is responsible for financial transactions and enables the following methods for payment of an order:

• Credit/debit card
• Bank transfer

Payment by credit or debit card shall be made through the GETNET payment gateway. This same gateway offers financing for certain banks, as specified in the payment process. The PROVIDER does not offer direct financing. The PROVIDER shall provide the banking details for the transfer in the quote or order. The PROVIDER may offer promotions, discounts or promotional codes in specific campaigns. Unless expressly indicated otherwise, discounts shall not be cumulative.

Security measures

The website uses information security techniques that are generally accepted in the industry, such as SSL, data entered on a secure page, 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 provider may obtain data for the purposes of the corresponding authentication of access controls. The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them. The sale or offer of any product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited under the card brand programmes.

16. Purchase process

Any product from our catalogue can be added to the basket. In it, only the items, quantity, price and total amount will be shown. Once the basket has been saved, taxes, charges and discounts shall be calculated according to the payment and shipping data entered. Baskets have no administrative binding effect; they are merely a section in which a quote can be simulated without any commitment by either party. From the basket, an order may be placed by following these steps for its proper formalisation:

1. Verification of billing data.
2. Verification of the shipping address.
3. Selection of the payment method.
4. Place the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the placement of the order.

Orders (purchase requests)

Prior to confirmation of the order, information shall be provided on the status of the order and the approximate shipping and/or delivery date.

17. Severability and suspension or termination of the contract

If any of these terms and conditions is deemed illegal, null or for any reason unenforceable, such condition shall be considered severable and shall not affect the validity and enforceability of any of the remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, where the USER fails to comply with the obligations established in this contract or with any legal provision, licence, regulation, directive, code of practice or policy applicable to them. Where the 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 PROVIDER.

18. Warranties and returns

Warranties shall comply with the provisions of the Title on "Warranties and after-sales services" of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, which may be accessed by clicking here. Notwithstanding the warranty period established by the above-mentioned legislation, Imdcabinets S.L offers a limited lifetime warranty on the furniture manufactured by the company. Other components and accessories incorporated into the product shall be covered by the warranty offered by their respective manufacturers. The limited lifetime warranty exclusively covers structural and manufacturing defects of the furniture manufactured by Imdcabinets S.L, excluding:

• Normal wear and tear through use
• Damage caused by improper use or negligence
• Lack of maintenance
• Incorrect installation carried out by third parties
• Corrosion or deterioration due to extreme exposure to climatic agents
• Unauthorised modifications
• Extreme weather events (wind, floods, etc.)

19. Applicable law and jurisdiction

These Terms shall be governed by and interpreted in accordance with Spanish law in all matters not expressly established herein. 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 domicile, of the place of performance of the obligation, or of the place where the property is located if it is real estate.