GENERAL TERMS AND CONDITIONS OF CONTRACTING

• IDENTIFICATION OF THE ONLINE STORE HOLDER
• APPLICABLE LEGISLATION
• GEOGRAPHICAL SCOPE
• LEGAL CAPACITY
• INFORMATION ABOUT THE PURCHASE PROCESS
• INFORMATION AND CHARACTERISTICS OF THE PRODUCTS
• PRICE AND PAYMENT METHODS
• SHIPPING COSTS
• DELIVERY TIMES
• DELIVERY CONDITIONS
• EXCLUSION OF RESPONSIBILITY FOR PRODUCT INSTALLATION
• ELECTRONIC CONTRACT
• EXCHANGES, RETURNS, AND WITHDRAWAL
• WARRANTIES
• CUSTOMER SERVICE
• PERSONAL DATA PROTECTION
• TRUTHFULNESS OF THE PROVIDED INFORMATION
• ONLINE DISPUTE RESOLUTION PLATFORM
• APPLICABLE LEGISLATION AND JURISDICTION

IDENTIFICATION OF THE ONLINE STORE HOLDER

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the User is informed that the ownership of the website belongs to:

• Holder: Marc Inteligent Systems S.L.U. (hereinafter, MIS)
• Tax Identification Number (N.I.F.): B92286343
• Registered address: Calle Graham Bell 6, 2-17, Parque Tecnológico de Andalucía, 29590 Campanillas, Málaga.
• Email: info@tubhome.co.uk
• Phone: 012 1260 5029
• Registration details: Commercial Registry of Málaga, Volume 2898, Book 1811, Page 205, Section 8, Sheet MA-51988, Registration 1. RII AEE registration number: 9500.

APPLICABLE LEGISLATION

The legal relationship between the parties is governed by Spanish legislation, specifically by the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users (TRLDCU). In relation to the TRLDCU, it will only apply in cases where the customer is considered a consumer. For customers who are considered professionals/businesses, commercial legislation will apply, and in the absence of that, the Civil Code, as well as Law 7/1998, of April 13, on general contract conditions and any sectoral regulations that may apply.

It is understood that the buyer will be considered a Consumer (B2C) when acquiring products offered on this website for purposes unrelated to their commercial, business, trade, or professional activity. On the other hand, the buyer will be considered a Professional/Business (B2B) when acquiring the products offered on this website for integration into their commercial or production process.

These General Terms and Conditions of Contract, which are written in English, may be stored and reproduced at any time by the User who makes a purchase, and must be accepted prior to proceeding with the payment for the products. Additionally, in the purchase confirmation email sent to the User, a link to these General Terms and Conditions of Contract will be included.

GEOGRAPHICAL SCOPE

Tubhome delivers its products in Great Britain and Northern Ireland. If at any point you are interested in our products and are located in a geographical area where we do not have online sales, you can contact us at info@tubhome.co.uk, and we will try to process your order.

The currency used for payment of products will be pounds ( £/GBP ). The purchase process will be carried out in English. If it can be conducted in another language, this will be indicated before initiating the contracting process.

LEGAL CAPACITY

To formalize an order through the website, the Customer must be of legal age and have the legal capacity to contract.

Orders of more than two units of any product may be considered as orders related to professional activity (B2B), and these will be subject to the legal regulations governing this market and may be unilaterally canceled by Tubhome if the customer is not legally accredited as a professional/business.

INFORMATION ABOUT THE PURCHASE PROCESS

To complete the purchase process, the User must follow these steps:

• The User must select the product they wish to purchase and click the "Configure" button. Within the product page, they must then click the "Buy" button to add it to the cart. The User may add more products to the cart before finalizing the purchase.
• Once the product selection is complete, the User can access their cart, where a summary of the selected product(s) will appear.
• The User can finalize the purchase by accessing their account if already registered or by creating a new account as a registered user.
• If the User wishes to modify any details about the selected product(s) (e.g., quantity purchased, etc.), they can return to the page where the modification needs to be made. The user may update their address during the purchase process if it is already registered and may also update their details in their user account profile.
• The User must choose the payment method corresponding to the options offered by Tubhome. In these cases, the buyer expressly declares that they are the holder of the payment methods used.
• Once the purchase is completed, a purchase summary screen will be displayed.
• Additionally, a purchase confirmation email will be sent to the User, which will include a summary of the purchased products.
• The User can access the invoice related to the completed purchase, which will be available for download from their user account.

PRODUCT INFORMATION AND CHARACTERISTICS

Tubhome makes its best efforts to ensure the information displayed is correct. However, products may experience slight variations in color or other design features (e.g., material veining design) as long as they do not detract from the advertised quality and features.

We guarantee the lowest price on our products. To demonstrate a price difference, a purchase invoice and a document verifying that at the time of purchase, the same product (brand and model) was cheaper and in stock in another comparable English store (including VAT and shipping costs, excluding offers and discounts) are required.

PRICE AND PAYMENT METHODS

The price of the items is shown with VAT included. Tubhome reserves the right to cancel an order if payment is not received within five calendar days. Below are the different payment methods available:

• Credit/Debit Card (VISA, MASTERCARD, MAESTRO): Payment via credit/debit card is made through the secure payment gateway of the financial institution we collaborate with. Using this payment method, Tubhome does not collect or handle any customer data related to their card number. All data is processed directly by the corresponding financial institution, offering the highest security and confidentiality for the transaction.
  Maximum amount: €10,000 (VAT included)
• Bank Transfer: If you choose this payment method, once you finalize the purchase, we will send you an email indicating the account number to which you should make the transfer, as well as the reference to include. Remember that your order will not be processed until the payment is completed. Additionally, if 5 days have passed since the order was placed without the transfer being made, Tubhome reserves the right to cancel the order.

Note: Cash on delivery is not accepted.

SHIPPING COSTS

DELIVERY TIMES

The estimated delivery times are indicated on the product page, in the box where a brief description and the final price appear. Please contact us if you need more information.

The order will reach its destination within the estimated time, depending on the destination and the availability of the purchased product. If for any reason we are unable to deliver the order within the expected timeframe, the customer may accept an extended delivery time, request a product exchange, choose separate delivery (in case of multiple products), or cancel all or part of the order. To do so, the customer may contact customer service.

The customer cannot delay the receipt of the product beyond the expected delivery date, as we cannot guarantee that we will have storage space available in our facilities after this date. Therefore, if the customer delays receiving the product by more than 15 calendar days from the expected delivery date, Tubhome may proceed with canceling the order.

DELIVERY CONDITIONS

Upon delivery, the number of packages received and the condition of the products should be verified. If there is any damage, incident, or defective packaging, the observations must be detailed on the carrier’s delivery note and communicated in writing to Tubhome.

For bulky products such as spas or hot tubs, delivery is made to the street level, and the transportation does not include installation, entry, or placement of the product.

In cases where the customer needs to hire third-party services, such as crane services, for handling and placing the purchased product, Tubhome assumes no responsibility for the costs incurred by the customer in hiring these services or for the procedures required for potential public road cutting licenses. In these cases, it is recommended to provide the delivery address of the company managing the handling/installation of the purchased product.

Street-level delivery is not guaranteed in areas with difficult access, such as narrow, central, or unpaved streets.

Remember to indicate the order number and the buyer's name in your payments. Tubhome is not responsible for losses or extra costs resulting from errors in the address provided by the customers at the time of purchase, collections by third parties at the provided address, or address changes, nor for extra costs arising from delivery delays attributable to the customer, who will be responsible for them.

EXCLUSION OF RESPONSIBILITY IN THE INSTALLATION OF PRODUCTS

The purchase of material does not imply the right to installation, configuration, or explanation of its operation.

Tubhome is not responsible for damages or costs resulting from the use, inability to use, errors or lack of conformity, delays, or any other reason regarding its products.

Tubhome does not perform installations or offer maintenance services for its products. Although usage, installation, and maintenance instructions are provided, these are the responsibility of the customer, and Tubhome is not liable for any damages, losses, or costs resulting from improper installation, maintenance, or use. Additionally, the warranty is void in such cases.

ELECTRONIC CONTRACT

In compliance with the applicable regulations, regarding Article 27.1 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that:

1. The electronic document in which the contract is finalized will be archived in the company’s administration and can be accessed via private access using the customer’s registration details, from which a certified copy can be provided or printed at the time of acceptance (print option available).
2. Furthermore, before final acceptance of the electronic contract, there is a screen where any input errors can be reviewed and, if necessary, corrected.

EXCHANGES, RETURNS, AND WITHDRAWAL

A) CONSUMER BUYER:
Below, we explain the procedure to follow for exchanges, returns, and/or withdrawals:

1. RETURN DUE TO DEFECT/DAMAGE/WRONG PRODUCT RECEIVED:

You may proceed with a return due to defect, damage, or receiving the wrong product. In these cases, you can contact us at the email address info@tubhome.co.uk for processing. Tubhome will cover the collection of the item at no cost to the customer and will proceed with the replacement in satisfactory conditions. For more information about repairs/replacement of defective products, you can consult our "Warranty" section.

2. WITHDRAWAL:

What does the right of withdrawal entail?

In accordance with Spanish legislation, the customer has the Right of Withdrawal, by which they can return the received product if they find that it does not meet their expectations within 14 calendar days from the day the consumer or a third party indicated by them (other than the carrier) receives the order.

Requirements for returns due to withdrawal:

- The customer can exercise their right of withdrawal as long as the product retains all its accessories, cases, boxes, warranties, certificates, original documentation, security seals, etc. If the product is not returned in its original packaging, the item may suffer depreciation, in cases where such packaging is an accessory associated with the product. For SPAs and bathtubs, these products are delivered with wooden packaging, which is part of the product's value, as it is custom-made with specific materials to ensure the safety of the product during transport. Therefore, in these cases, the product must be returned in this packaging to ensure safety both for the product and for the people handling it.

- Regarding other products, we ask, if possible, that you try to use the same packaging in which the product was received to ensure that it is transported well-protected. If this packaging is no longer available, the product must be returned in a manner that ensures it arrives in good condition at our warehouse.

- If our transport company collects the order, we will contact the customer to arrange the collection, and the customer must bear the costs of this process. A note requesting the return and the order reference should be included in the package (this information is crucial for us to process the request correctly).

- Alternatively, the customer can arrange the return shipment with any carrier they choose and bear the return shipping costs. In these cases, the customer should contact customer service for the return address. If more than 14 calendar days have passed since they communicated their intention to withdraw without returning the product for reasons not attributable to Tubhome, we will proceed to file their withdrawal request.

Procedure for exercising the right of withdrawal:

The price of the product will be refunded no later than fourteen (14) days from the day we receive the product.

The same payment method used by the customer for the initial transaction will be used for the refund, unless another method is expressly agreed upon with the customer's consent. In any case, the refund of the price will not involve any fees or commissions.

The refund may be withheld until we receive the returned items or until proof of return is provided, whichever occurs first.

The customer will bear the direct costs of returning the items, and will be responsible for any decrease in the value of the products returned due to handling of the items (except when such handling was necessary to determine and verify the nature, characteristics, and functionality of the products).

Tubhome does not assume ownership of the returned product until it is received at the return address. Tubhome reserves the right, at its discretion, to refund the product price without requiring its return. In such cases, the ownership of the product whose price has been refunded will not pass to Tubhome under any circumstances.

Channels for communicating withdrawal:

The following channels are available for communicating the exercise of the right of withdrawal:

• Phone: 012 1260 5029
• Phone support hours: M-F 8:00-16:00
• Email: info@tubhome.co.uk
• Withdrawal form available here.

Additionally, Tubhome has complaint and claim forms available for customers.

B) PROFESSIONAL BUYER:
In the context of business commerce, in contrast to transactions with consumers, the right of withdrawal does not apply when the buyer is considered a professional.

WARRANTIES

A) Warranty in case of sale to consumers (B2C):
All products offered on our website are guaranteed against manufacturing defects for two (2) years from the delivery date. The warranty does not cover damage caused by improper use or normal wear and tear.

In case of a defective product, Tubhome will proceed, as appropriate, with the repair, replacement, price reduction, or contract resolution, all of which will be free of charge for the consumer and user. Tubhome is responsible for any lack of conformity that becomes apparent within two years from delivery, except for normal wear and tear due to proper use of the product.

Unless proven otherwise, products will be considered in conformity with the contract if they meet all of the following requirements:

a. They match the description provided by the seller and possess the qualities the seller presented to the consumer and user in the form of a sample or model.

b. They are fit for the purposes for which products of the same type are ordinarily used.

c. They present the quality and performance that is typical of a product of the same type that the consumer and user can reasonably expect, given the nature of the product.

The customer must report any lack of conformity within two months from the time they become aware of it. Failure to meet this deadline will not result in the loss of the right to remedy, although the customer will remain responsible for any damage or loss caused by the delay in reporting.

The customer has the right to repair, replacement, price reduction, or refund, and these actions will be free of charge.

To claim the warranty, the customer must provide proof of purchase with any of the following documents: proof of purchase, purchase invoice, or payment receipt.

The warranty only covers manufacturing defects; it does not cover damage caused by negligence, impacts, improper use or handling, incorrect installation not performed by an authorized service technician (when applicable), or materials subjected to normal wear and tear.

Tubhome offers the option to purchase a warranty extension to 3 years, only applicable to customers considered consumers. To do so, the customer must purchase this warranty as an independent product. If the customer buys several products and only one additional warranty, they must specify during the purchase process which product they want the warranty applied to.

This warranty does not cover damage or defects caused by the improper use of liquids, oils, or products that are not specific or suitable for spas and bathtubs, including but not limited to the following:

- Essential oils

- Products not recommended by the manufacturer for the maintenance and care of bathtubs and spas.

- Corrosive liquids and substances.

The use of the above-mentioned products can cause stains, discoloration, premature wear, or damage to the acrylic material and other components, so we strongly recommend following the maintenance and care instructions provided by the manufacturer. Any damage caused by the use of non-recommended products will not be covered under this warranty.

B) Warranty in case of sale in the professional sphere (B2B):
When individuals or legal entities purchase products for their business or professional activity, the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users (LDCU), do not apply. The contract will be subject to commercial law or, in the absence of that, the general rules of the Civil Code, with a warranty period of six months from the receipt of the product.

If the professional/business customer exercises the warranty within six months, Tubhome may choose to request the return of the product (covering the related shipping costs) or carry out the repair/replacement at the same location and under the same conditions as the original delivery. The warranty service will cover the cost of parts and labor only.

The warranty will not cover any of the following situations:

• Misuse, incorrect handling, or failures due to deficiencies in the installation’s operation, not attributable to normal product use.
• Disassembly, repair, or handling of warranty-covered elements by personnel not authorized by Tubhome or external to it.
• Periodic maintenance and repair or replacement of parts resulting from normal use and wear.
• Usual use resulting in superficial or aesthetic damage to the product.
• Installation or use of the product without following Tubhome's installation or usage instructions, including intensive use.
• Maintenance of the product without adhering to Tubhome's maintenance instructions.
• System defects resulting from the use of spare parts not authorized by the manufacturer.
• Use of the product with accessories, units, and other products of types, conditions, or standards not established by Tubhome.
• Any cause unrelated to the product itself. By way of example, not limitation: accidents, fires, liquids, chemicals or other substances, floods, vibrations, inadequate temperature/ventilation, electrical surges, excessive or incorrect voltage or power supply, radiation, electrostatic discharges including lightning, other external forces and impacts.

The option for Warranty Extension will not be available for products purchased by professionals and businesses for their professional/business activities.

CUSTOMER SERVICE

If you have any questions regarding your order, you can contact our Customer Service Department through the following channels:

• Registered address: Calle Graham Bell 6, 2-17, Parque Tecnológico de Andalucía, 29590 Campanillas, Málaga.
• Email: info@tubhome.co.uk
• Phone: 012 1260 5029
• Phone support hours: M-F 8:00-16:00

The product warranty ends if the product changes ownership or is moved outside the country of purchase.

If products are received that do not meet these warranty conditions, they will be returned at the buyer's expense and with a cash-on-delivery charge for shipping and commission costs.

To use the warranty, please contact us first to receive instructions on how to proceed.

PERSONAL DATA PROTECTION

In compliance with Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR), as well as in compliance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), the following points are informed regarding the processing of personal data related to the online purchase process:

VERACITY OF THE INFORMATION PROVIDED

All the information provided by the Customer must be truthful and accurate. To this end, the Customer guarantees the authenticity of all data provided when completing the relevant forms. Similarly, it is the Customer's responsibility to keep all the information provided to Tubhome up to date so that it always reflects their current situation. In any case, the Customer will be solely responsible for any false or inaccurate statements they make, and for any damages caused to Tubhome or third parties due to the information provided. The Customer guarantees that they are the owner of the information provided during the purchase process and the payment methods indicated. If there are doubts regarding the authenticity of the data provided, Tubhome may request the strictly necessary information to ensure that the sales process is formalized with maximum guarantees for all parties.

ONLINE DISPUTE RESOLUTION PLATFORM

We inform you that the European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/. This platform is exclusively available for buyers considered consumers and is not intended for professional buyers. Consumers can submit their complaints through this online dispute resolution platform.

APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are governed by Spanish law. The parties submit, for the resolution of any conflicts that may arise, to the courts and tribunals of the User's domicile, provided that the User is considered a Consumer. In the case of Users who are considered professionals, the parties submit, for the resolution of any conflicts that may arise, to the courts and tribunals of Málaga.

Last modified date: February 06, 2025.