Terms and Conditions
The following legal notice regulates the access and use of services of the website Habitium.ie (hereinafter, the "Website") property of REFORMAM NETWORK 2010 SL with Tax Identification Code no. B57679714 and TIN B57679714 and business address at Suite 31 The Pottery Bakers Point, Pottery Road, Dun Laoghaire, A96EV18 Dublin, Ireland and fiscal address at Camino Passatemps 86, 07120, Palma, Spain. E-mail address: [email protected].
Habitium.ie is an online store that sells goods and materials related to home improvement and decoration.
Habitium.ie has the ability to alter at any moment and without previous notice, the design, presentation, or Website configuration, as well as some or all the products, and add new services. The use of this website implies full acceptance of the regulations included in this Notice on the published version at the moment in which the User browses the Website. Furthermore, Habitium.ie would like to inform the Users of this Website that the General Terms of Use might be modified without previous notice. In consequence, the Users have to read carefully this Legal Notice every time they proceed to use the Website, since those can undergo modifications. The use of certain services offered to the Users throughout the Website can be subject to specific conditions that, according to circumstances, substitute, complete or modify this General Terms of Use. Therefore, before using such said services, the User has to read thoroughly and accept the corresponding specific conditions.
1. Access and use of the Website conditions
The User agrees to make diligent use of the Website and the services accessible from it, fully complying with the law, good customs, and these General Conditions, as well as any applicable specific conditions while maintaining due respect for other users. It is strictly forbidden to use this Website for a different purpose than the one originally intended. In this regard, the User will renounce to use any of the material or information contained on the Website with illegal purposes as well as any other purpose that is strictly forbidden in this General Terms of Use, along with particular conditions that, in case of being enabled, result contrary to the rights and interests of Habitium.ie, its members or third parties, and will have to respond to them in the case of violation or non-compliance with such obligations or, in any case (including insertion or spreading of "computer viruses"), damages, disables, overloads or hinders the normal use of the material and information on the Web, information or document systems, files and any type con content stored on any computer equipment, their members or any Website User.
All communications from Habitium.ie towards the client, and from the client towards Habitium.ie will take place via e-mail to avoid any lost or misplaced information. The clients will have to keep track of their e-mails since this will be the contact method to receive updates about their orders. All incidents and claims must be directed to Habitium.ie at [email protected].
The customer agrees to receive purchase invoices and credit notes for returns in digital format. Additionally, the user can request a paper copy of their invoice by contacting [email protected] if desired.
2. Security
The website maintains the levels of security for the protection of personal data in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The website has implemented all technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access, and theft of the data that the user provides through the Website. However, it is important to note that security measures on the Internet are not infallible. Habitium.ie is committed to fulfilling the duty of confidentiality and secrecy with respect to the personal data contained in the automated file, in accordance with applicable legislation. It also ensures that these data are treated securely in any transfers or international transfers of data that may occur, as required.
3. Modification of this Privacy Policy
Habitium.ie reserves the right to modify this policy to adapt it to future legislative or jurisprudential developments, as well as industry practices, while providing prior notice to users of any changes that occur.
4. Payment
Payment can be made in accordance with the payment methods indicated in the shopping cart. To proceed with the payment, the user must follow all the instructions displayed on the screen, providing the requested information for payment. Payment methods available are:
Card Payment: Habitium.ie has an e-commerce payment gateway for Visa or Mastercard credit or debit cards. All data provided for this purpose are encrypted to ensure maximum security and are hosted on a secure server certified under the SSL protocol. Habitium.ie states that it does not store the data provided by users through the payment gateway in any way.
PayPal payment: With a personal PayPal account or as a payment platform with these cards: Visa, Mastercard, American Express or Discover.
Bank Transfer: The estimated delivery period will begin with the transfer reception or the payment receipt from the bank. Transfer payment will not be accepted with shared expenses.
5. Delivery
Habitium.ie will deliver the products purchased by the buyer to the address provided by the buyer through a transportation company with curbside delivery. The delivery time will be specified in the description of each product. Habitium.ie will make every effort to deliver the items ordered by the customer within the announced timeframe, but in some cases and due to factors beyond their control, this may not be possible.
Habitium.ie would like to remind the customers that the delivery time of each product is always based on the estimated stock quantities available in each manufacturer's warehouse at any given time, intentionally not listing more units than are physically in stock. Habitium.ie will make every effort to fulfil the customer's ordered items, but in some cases and due to factors that are difficult to control, such as human errors or incidents in computer systems, it may not be possible to fulfil some of the ordered items. In such cases, the customer will be notified via email to try to find an alternative option that does not harm either party.
Habitium.ie is not responsible for losses caused by errors in the address provided by customers at the time of purchase, collection by third parties at the provided address, or changes of address. If, due to an error in the address provided by the customer, the materials are delivered to the wrong area and re-routing or re-shipping of the materials is necessary, the customer will be responsible for the additional costs, which must be paid before proceeding with the re-delivery.
All products’ measurements on Habitium.ie are real measurements and do not take into account transportation packaging. It is important that the customer is certain that the measurements from the products purchased are consistent with the accesses to the property or delivery sites, paying special attention to doors, roofs, stairs, hallways, etc. The sole responsibility for verifying these measurements lies with the customer. The customer agrees to be present at the delivery address on the agreed-upon day with the transportation company to verify the conformity of the order and its condition upon receipt.
The customer or the person receiving the order has the obligation of checking it, and write on the proof of delivery (POD) any visible damage on the packaging. If the received product is not the one requested (different measurements, colour, model, etc.), the customer must notify Habitium.ie before any installation and/or manipulation in order to proceed with an immediate replacement at no cost. It will not be possible to request a return or exchange of a product that has already been installed and/or manipulated by the customer unless the incorrect installation is due to deficiencies in the provided installation or integration instructions by the company.
Habitium.ie is responsible for the condition of the goods until they are delivered and confirmed as received at the address provided by the customer to receive the merchandise, without prejudice to the applicable legal warranty rights. Any lack of conformity on the customer's part must be indicated and noted on the delivery note at the time of delivery and notified through the store's customer service channels. In any case, it is essential that the customer retains the original packaging of the received product, including the label, as well as the material as it was received, without manipulation or repair.
6. Warranty
All products delivered by Habitium.ie, have a minimum warranty period of 6 years from the date of delivery. The warranty applies when the product is not suitable for its intended purpose, does not have the quality corresponding to the description of the goods, or is not supplied with the packaging and instructions that would reasonably be expected. The warranty also applies when the product does not meet the qualities and characteristics regarding the durability of the goods. Deficiencies caused by negligence, impacts, misuse, improper handling, unsuitable voltage, incorrect installation, or wear and tear due to normal use are not covered.
If the product does not meet these requirements, the customer can choose between repair or replacement of the goods, except when one of the options is not possible or would result in disproportionate costs for the company.
When repair or replacement of the goods is necessary, the customer must make them available to Habitium.ie so that, if applicable, the goods can be retrieved in a way that causes the least inconvenience to the user, depending on the type of goods.
The repair or replacement will be free of charge, including any expenses necessary to bring the goods into conformity, especially shipping costs, transportation, labour, or materials. Furthermore, it will be carried out within a reasonable period from the moment the company has been informed of the lack of conformity. The user will not be responsible for any payment for the normal use of the replaced goods during the period prior to their replacement.
The customer has the right to demand a price reduction or contract termination when it has not been possible to carry out the repair or replacement of the goods or when it has not been done within a reasonable period, and in cases where the lack of conformity is so serious that it justifies a price reduction or contract termination. The price reduction will be proportional to the difference between the value that the goods would have had at the time of delivery if they had been in conformity and the value that the delivered goods have at the time of delivery.
Habitium.ie makes its best efforts to ensure that the information displayed is correct, but it cannot guarantee the exact representation of the products due to differences in colours in internet browsing software and/or display monitors. The website cannot be held responsible for inaccuracies in the photographs on the website regarding colours. Some products, whose technology and design are evolving, may be somewhat different from the product published on the website. Habitium.ie cannot confirm the homogeneity of production; therefore, it cannot guarantee that the delivered product will be exactly the same as the one represented on the website.
7. Price
The prices indicated on the website include delivery costs within the mainland Republic of Ireland. Any shipments outside this area will not be free of charge, and it will be necessary to contact Habitium.ie via email to inquire about the shipping cost, which will depend on the location and the volume/weight of the materials. Habitium.ie reserves the right to modify its prices at any time, always respecting the rates in effect on the day of the order registration, subject to availability on that date.
In the event of any error, whether computer-related or human, in the price or description of a product, Habitium.ie may cancel the order and refund the amount paid by the customer, provided that it is a difference that any informed consumer could identify as erroneous before making the purchase.
8. Reservation of Ownership and Risks
Habitium.ie will retain ownership of the products sold until full payment of the amount is made. These provisions do not pose any problem for the customer, as the website assumes the risks of loss and damage to the purchased products until delivery at the agreed-upon location.
9. Returns - Withdrawal Policy
The consumer has the right to withdraw from the contract within a period of fourteen calendar days from the receipt of the product, without the need for any justification. Returns will not be accepted if the written notification by the customer is made after this period.
The product must be returned in perfect condition, allowing for the reasonable inspection of its good condition and functionality. The use of seals or adhesive tapes directly applied to the product is prohibited. The consumer will be responsible for the direct cost of returning the goods, and returns with freight collection, will not be accepted. If the product is not returned in its original packaging, the consumer will have to bear the packaging costs, and the product may experience depreciation in value.
To exercise the right of withdrawal, the user must notify their decision to withdraw from the contract through an unequivocal statement by email to [email protected]. They may use the withdrawal form template provided, although its use is not mandatory: Withdrawal Form.
In the event of withdrawal by the consumer, all payments received from them will be refunded (excluding the return shipping costs incurred), before 14 calendar days have elapsed from the date on which the decision to withdraw from the contract was informed. The company may withhold the refund until it has received the goods or until the user has provided proof of return, whichever condition is fulfilled first.
The refund will be made using the same payment method used by the customer for the initial transaction, unless the consumer has expressly agreed otherwise and does not incur any fees as a result of the refund.
If the payment for the order is made through PayPal, you may want to consult their special conditions for returns, as they offer reimbursement of PayPal return shipping costs.
In cases where the material needs to be sent back to the factory for inspection, initially, Habitium.ie will cover the return shipping costs to the warehouse. If, after the relevant inspection, the technical service determines that the product has a manufacturing defect, the customer will not have to bear any costs. If it is found that the order has suffered damage due to misuse by the customer, the customer will be responsible for the return shipping costs to the factory and will be responsible for the new shipment if they wish to recover the material.
If the user purchases "custom-made," "personalized," "exclusive," or "special" products, i.e., goods made according to the consumer's specifications, especially products that are manufactured with non-standard measurements, colour, cut, or other finishes, returns will not be accepted unless there is an obvious manufacturing defect. An exception to the right of withdrawal may also apply to sealed goods that are not suitable for return due to reasons of health protection or hygiene and have been unsealed after delivery.
10. Cancellations
The company accepts cancellations of any order as long as it has not been shipped and does not consist of "custom-made," "personalized," "exclusive," or "special" products. If the product has already been shipped, and it is not "custom-made," "personalized," "exclusive," or "special," the consumer must wait to receive it and proceed with the return, as long as it meets the conditions explained above. To cancel your order, you should contact the email [email protected].
11. Trust Ecommerce Europe / Retail Excellence Ireland
The parties, at their choice, submit to the jurisdiction of the courts and tribunals of the user's domicile, expressly waiving any other jurisdiction. Our entity adheres to Trust Ecommerce Europe https://ecommercetrustmark.eu/ and Retail Excellence Ireland https://www.retailexcellence.ie/.
These General Conditions are governed by Irish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as an adhered entity, users can resort to the European Union’s online dispute resolution platform for the alternative resolution of any disputes: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
12. Intellectual and Industrial Property
All the Website content, including texts, photographs, graphics, images, logos, icons, technology, software, links, domains, trademarks, and other audiovisual or sound contents, as well as their graphic design and source codes, are the exclusive property of Habitium.ie or third parties, whose rights, if applicable, are recognized by Habitium.ie, and are subject to intellectual and industrial property rights protected by national and international legislation. Any use of the elements of industrial and intellectual property for any purpose, especially commercial purposes, as well as their distribution, public communication, modification, alteration, transformation, or decompilation, is strictly prohibited, unless expressly authorized in writing by the owner of the rights.