1.1 These Terms and Conditions set out the terms in which products and services are purchased on https://www.spacium.ae/ and its related sub-domains, sites, and mobile application (together defined as the “Site” or “Platform”).
1.2 Spacium Furnitures – Sole Proprietorship LLC, maintains the https://www.spacium.ae/ website and its related sub-domains, sties, and mobile application and is a company duly established pursuant to the laws of the United Arab Emirates with Abu Dhabi DED Trade License No. CN-3650905, having its registered office at Office No. 622, 6th Floor, Emirates Dermatology Building, Al Nahyan, Abu Dhabi, UAE (herein referred to as “Spacium”, “we”, “our” or “us”).
1.3 Spacium is an online e-shop platform accessed via the Site, showcasing furniture products and accessories from various furniture stores (the “Products”) under one platform for any party accessing the Site (the “Users”) to browse and order products, compare prices, hire freelance interior designers and earn reward points. Spacium is merely a facilitator of the purchase of Products and is not to be deemed as the supplier, manufacturer or delivery/shipping provider for any of the Products or Orders.
1.5 United Arab Emirates (“UAE”) is our Country of Domicile. Spacium controls this Site from the UAE. Spacium makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any UAE export laws and regulations.
1.7 These Terms will form a legally binding agreement between “you” (as an end user of the Site) and Spacium. If you do not agree to the Terms, immediately refrain from using this Site.
1.8 By accessing, browsing, using, registering with, or placing an order on the Site, you confirm that you have read, understood and agree to these Terms.
1.9 These Terms are subject to change and/or revision without notice, as per the updated and effective laws and regulations at any given time. Spacium encourages you to review the Terms regularly for any changes. Your continued use of the Platform shall constitute your express consent and agreement to be bound by the then current Terms. If you disagree with any of the Terms or any changes to the Terms, you must immediately refrain from using the Site.
1.10 Please read these Terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms with immediate effect.
1.11 The Terms are in line with the relevant applicable UAE laws and regulations, and are not intended to affect any rights available to you as a consumer under the UAE Laws.
1.12 You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms.
3.1 To purchase any products on the Site, you may either register and create an account secured by a password (“Account”) or submit your order without creating the Account as a guest user. When you register, you consent to providing us with information about yourself.
3.2 To create an Account, you must be at least 18 years of age and are required to provide true, accurate, complete and current information (including Name, Date of Birth, Email Address, and other details) as requested during the Account creation. By continuing to use the Site, you consent and agree that you are (i) 18 years of age or have reached the age of majority in the jurisdiction in which you reside and (ii) are permitted to use the Site under any applicable Law. If you are below 18 years of age, you shall not register as a User of the Site and shall not transact on or use the Site. However, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and you are responsible for ensuring such use to be permitted under UAE Law and any other applicable law.
3.3 By registering yourself on the Site, you warrant that the details you provide to Spacium are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the "My Account" area of the Platform. You authorise us to verify and use any information provided to us during registration and account creation (including any updated information) as well as request any documentation to verify the submitted details. Spacium will not be responsible or held liable for any details submitted by you on this Platform (“User-Generated Content”).
3.4 You are responsible for maintaining the confidentiality of your Account username and password and for preventing unauthorised access by third parties to your profile. You agree to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the username and password are kept confidential and secure. Please inform Spacium immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be used in an unauthorised manner. Spacium will never request your Account username or password through electronic messages. Spacium will not be liable for any loss or damage which may arise as a result of any failure by you in protecting your password or Account.
3.5 You will not be charged by Spacium for registering an Account or browsing the Site. You will only be responsible for making a payment for any purchases through the Site (including any tax on the purchase price, if any).
3.6 Spacium reserves the right to refuse access to the Site, terminate Accounts, remove or edit User-Generated Content, or cancel orders at our discretion. If Spacium cancels an order, it will be without charge to you.
5.1 The Site provides information and material about Spacium, including the services we provide, our operations and our contact information. The Site and the content available are only created for informational purposes. This Site does not provide legal or business advice. It does not provide any kind of advice and you should not depend on it for advice. You act at your own risk in relation to the contents of the Site. Spacium takes no responsibility for any information provided by our employees, directors, or affiliates. Any action taken by you is fully your decision, and you absolve Spacium of any liability for any outcome that may occur due to your actions on inactions or decisions you take in reliance to the Site or material therein.
5.2 You have consented and agreed that all transactions and data on this Site will be saved, which includes all transactions transacted and traded through the Site, third party websites, payment gateways and any cloud platforms in any jurisdictions whatsoever.
5.3 You may only use the Platform for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
5.4 You may use the Platform for personal use only unless otherwise specifically authorised by Spacium to do so in writing. The User creating the Account is the sole authorized user of the Account, any use of the Account by a third party shall constitute an unauthorized use of the Account which Spacium shall not be responsible or held liable for.
5.5 This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. Spacium will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
5.6 You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for your personal use. Unless it is required by the applicable laws or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for your personal use only and may not "scrape" the Platform through automated means i.e. extract large amounts of information from the Platform or "frame" any part of the Platform i.e. transmit digital data from the Platform, and you may not interfere or attempt to disrupt the Platform.
5.7 Except where otherwise specified on this Platform, the materials on this Platform are displayed solely for the purposes of promoting products available in the UAE. However, Spacium may accept orders for delivery to locations outside of the UAE subject to customs, legal, regulatory and certain practical restrictions and requirements. Users who choose to access this Platform from locations outside the UAE or place orders for delivery to locations outside the UAE are responsible for compliance with applicable local laws and any related costs and/or expenses.
5.8 You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" i.e. recovering passwords stored on the Platform or any other illegitimate means.
5.9 We reserve the right to restrict or terminate your access to, or use of, the Platform, Site or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law. You agree that monetary damages may not provide a sufficient remedy to Spacium for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Spacium may release user information about you if required by law or subpoena.
6.1 We and our suppliers and/or licensors may make available various merchandise information, product descriptions, reviews, and other information, data, content, and materials on the Site ("Materials"). The Materials are for educational and informational purposes only, and may contain errors, inaccuracies or omissions that may relate to the product or Platform. Before you act in reliance of any Materials, you should confirm any facts that are important to your decision with Us or the supplier. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice incorrect information on the Platform, please let us know by contacting us at [email protected] or call 026271646
6.2 While Spacium takes reasonable steps to ensure that Product information on our site is correct, Product images displayed on the Site may slightly differ from the actual Product i.e. there may be differences in the colour of products. We recommend you to not rely solely on the information presented on our Site and to always refer to the Product description for more detailed descriptions of the Products. Spacium shall not be responsible or held liable for any errors, inaccuracies or omissions in the Product information.
6.3 You are only allowed to access and use the Site and the Materials for your personal purposes, and you must not, in addition to the prohibitions as set forth above:
• Utilize the Site or Materials for any unlawful purpose;
• Utilize the Site to solicit others to perform or participate in any unlawful acts;
• Utilize the Site to violate any international, federal, or local laws and regulations;• Copy, utilize, circulate, change, assign, distribute or in any manner use the Materials, except as otherwise expressly allowed in these Terms;
• Use any device or software that interfere with the Site;
• Sell, circulate m recreate or in any way use the Materials for any commercial purposes;• Access information not intended for you by attempting to gain unauthorized access;
• Utilize the Site or Materials to circulate, distribute, or sell in a manner that will violate the copyright or other intellectual property laws or infringe upon the privacy or rights of Spacium or others;
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Submit false or misleading information, use the Materials to use an identity that is fictious or misrepresent a connection with Spacium or another person;
• Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site;
• Collect or track the personal information of others; and
• Interfere with or circumvent the security features of the Site or in any manner attempt to interfere with the working of the Site.
You, as the User warrant that:
7.1 You have the authority and capacity to use the Site and to enter into all of the agreements to continue with the Site services;
7.2 All information and documentation provided by you is true and correct; and
7.3 You are responsible for paying Spacium consideration for the Products.
8.1 The Platform may at times provide opportunities for users to submit comments, reviews, suggestions, questions or other information ("User-Generated Content") on or through the Platform. You warrant that any such User-Generated Content submitted by you to the Platform is original (and does not infringe the intellectual property rights of others).
8.2 You hereby grant Spacium a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User-Generated Content submitted for any purpose without restriction including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium or technology throughout the world, without any further recourse to you.
8.3 You waive any moral rights in such User-Generated Content and agree that you will not submit any content on the Platform that is contrary to public policy, morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to any applicable laws. We have the right to monitor and edit or remove any activity or User-Generated Content at our sole discretion, and assume no responsibility or liability for any User-Generated Content posted by you or any third party.
9.1 We reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the services provided through the Platform at any time without prior notice to you.
• The Platform may contain links to other websites as a convenience to you and other users of the Site. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Spacium does not assume responsibility for the content or practices of such websites. The use of third-party websites will be at your own risk and it is your sole responsibility to review the terms, privacy policies and other policies for said websites.
• If you use any material or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Spacium does not endorse and is not responsible for the use of, or the content of, any third-party websites. Spacium is not responsible for any loss or damage caused directly or indirectly by using such third-party websites.
• The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Spacium is not responsible for the acts or omissions of any advertiser or sponsor.
10.1 Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
10.2 We, together with our suppliers and/or licensors expressly reserve all intellectual property rights in all programs, products, product names, service names, logotype set apart in form, text or otherwise from surrounding text (i.e. all capital letters) processes, technology, content (that is graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, images, advertisements, layout), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform (“Intellectual Property Rights”). Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s Intellectual Property Rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for identifying the Products or services as belonging to Spacium or its suppliers/licensors is prohibited without our express written permission.
The Platform is provided on an “as is” and “as available” basis. Spacium, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights. Spacium makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the services or the information, content, materials, or Products included on this Site. This disclaimer does not apply to any Product warranty offered by the manufacturer or supplier of the product.
12.1 You are solely responsible to determine what, if any, taxes are applicable to your transactions on this Site in your particular jurisdictions. Spacium and the Site are not responsible for determining the taxes that apply to the transactions on this Site in your jurisdiction.
12.2 Spacium operates under Civil Law and UAE jurisdiction and therefore is compliant to the GDPR and UAE Law. However, you are solely responsible to determine what, if any regulations, apply to your transactions in your particular jurisdictions. Spacium and the Website are not responsible for determining the laws that apply to the transactions on this Site.
13.1 To the maximum extent permissible by applicable law, Spacium, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
• Shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss of any kind arising out of, or related in any way to your use or inability to use the Platform and its content, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether or not Spacium is advised of the possibility of such damages; and
• exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform.
• In no event will Spacium be liable for any damages in excess of the amount paid by you towards the price of the product (which where applicable shall be refunded by Spacium on behalf of the supplier) in respect to which the claim arose. You hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
You agree to hold harmless and indemnify Spacium, its parents, subsidiaries, affiliates, and their respective suppliers (including, without limitation, Authorised Suppliers), and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of: Your breach of any part of these Terms; your violation of any applicable law, the rights of a third party, or your use of the Platform; any allegation that any materials/content/information you submit to us or transmit to the Spacium Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party.
These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) supersedes all prior terms, agreements, communications, oral or written and constitutes the entire understanding and agreement between you and Spacium with respect to the use of the Platform.
Spacium reserves the right, at its sole discretion, to control, limit, terminate, suspend or conclude your access to any part of the Site at any point in time without reason, previous notice or liability. Spacium may change, suspend or shut down any part of the Site at any time without prior notice or liability to you or anyone else. Spacium has the absolute right to disable your account or put it on hold/review if the customer is not complying with the rules. Regardless of such termination or suspension, you will continue to be subject to these Terms.
Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable at any point, the invalid, illegal or unenforceable provisions will be severed and the remaining provisions and obligations shall remain valid and enforceable.
No Waiver: Any failure by us to enforce and exercise any right, power or privilege under these Terms or other policies will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
Further Assurance: Spacium has the absolute right to disable your account or put it on hold/review if the customer is not complying with the rules.
Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
Relationship: None of the provisions in these Terms shall be construed to constitute any User to be the agent, partner, distributor, legal representative, or employee of Spacium for any purpose whatsoever and vice versa. Neither User nor Spacium shall have the power or authority to bind the other except as specifically set out in these Terms.
Supplemental Terms: Certain services offered on the Spacium Platform may require you to enter into a separate agreement and/or be subject to additional terms.
Headings: Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
The Terms shall be governed and construed in accordance with the Laws and Regulations of the emirate of Abu Dhabi and United Arab Emirates. ;If you have a dispute or concern with Spacium, please contact us at [email protected] or call 026271646. We shall endeavour to resolve all disputes or differences in relation to these Terms informally and amicably. Any dispute regarding these Terms which have not been resolved amicably shall be subject to the exclusive jurisdiction of the Courts of Abu Dhabi. ;All contracts for the purchase and sale of Products from the Platform shall be concluded in the language of these Terms. These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text shall prevail.
17.5 In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a direct or indirect result of making payments on the Platform.
17.6 Acceptable modes of payment may be amended/updated at any time without prior notice to you.
17.7 If you are willing to pay on “instalment Plans” it is your responsibility to discuss it with your bank in advance, as this will not be Spacium's responsibility.
17.9 Our Cancellation. We may cancel your order(s) if:
a. You do not make any payment to us when it is due;
b. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
c. You do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
d. You attempt to bulk or multi-order purchase in accordance with clause 17.10, below; or
e. Order(s) cannot be fulfilled due to unavailability in inventory.
19.1The table below sets out our conditions for returns: And the Customer must present receipt for Spacium to accept return order.
|Reasons for Return||Possibility of Return||Eligibility Criteria|
|You have received a wrong product||You must return the product within fourteen (14) days of receipt of shipment.||Products are in their original condition, packaging and labelling;|
|You have received a product that is not as described on the Site;||You provide proof of purchase (i.e. Company issued Receipt, bank messages are not sufficient on their own);|
|You have received a damaged product (in case of a manufacturing defect, please refer to the relevant policy named “Manufacturing Defects Policy”); or||You have not opened, unsealed, unpacked, assembled, used, altered or installed the Products.|
|Any other reason as long as the Eligibility Criteria is fulfilled.|
To fulfil our obligations to you under these Terms, we may wish to communicate with you by email, other electronic messaging and/or by posting notices on the Platform. We will use the email or phone number provided by you in your account for such communications. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications, which need to be in writing. If you submit someone else’s contact details to us to receive communications from Spacium, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Spacium. If you wish to stop receiving promotional emails or promotional text messages, you may opt-out or unsubscribe by using your account settings.
In addition to your agreement with these Terms, the following provisions apply with respect to your use of any version of the Spacium App compatible with the iOS operating system of Apple Inc. (“Apple”).
Apple is not a party to these Terms and does not own and is not responsible for any technology, software or content on the Spacium App. Apple is not providing any warranty for the iOS Spacium App except, if applicable, to refund the purchase price for it at its discretion. Apple is not responsible for maintenance or other support services for the iOS Spacium App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Spacium App, including any third-party product liability claims, claims that the iOS Spacium App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the iOS SpaciumApp, including those pertaining to intellectual property rights, must be directed to Spacium.
The right you have been granted in these Terms is limited to a non-transferable licence to use the Spacium App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the SpaciumApp, such as your wireless data service agreement.
Spacium, and not Google Inc. (“Google”), is solely responsible for the Android Spacium App. Google has no obligation to provide maintenance and support for the Android Spacium App.
Google is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the Android Spacium App, or your possession and/or use of the Android Spacium App, including but not limited to: (a) product liability; (b) any failure of the Android Spacium App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights.
You as a user of the Android Spacium App represent and warrant that: (a) the Android Spacium App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties.
To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Android Spacium App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Android Spacium App to conform to any warranty. Google shall not be required to provide a refund to you under any circumstances.
The Site is operated by Spacium, if you have any concerns about your Information on the Platform, opinions, comments, feedback, messages or contact relating to the Site, please contact us at [email protected] with a thorough description, and we will try to address/resolve it.