1. General Provisions
You can use TUP through a web browser. It’s free but you’ll have to pay for the products ordered.
- 2.The Service is run by TUP. with its registered office in Groningen, The Netherlands, entered into the commercial register of the National Court Register maintained by the District Court for the city of Groningen, The Netherlands.
1.3.The Provider provides each user of the Service (the “User”) with access to the Service and, in particular, access to the elements of the Service enabling: ordering the Product in accordance with the Specification (its production and delivery) (the “Order”)
1.4 The Services are provided free of charge. The User will assume the costs associated with the order, such as the price of the Product and the cost of the customization, if such an option is chosen.
2. The Service Agreement
In order to order a product you’ll need to provide us with your personal data and let us process it. You’ll also need to accept these terms.
2.1.The use of the service referred to in section 1.3 pt. d) of these Terms is only possible once a service agreement is concluded between the Provider and the User (the “Agreement”). An Order may be submitted without entering into the Agreement. The Agreement is concluded once the User registers with the Service by:
a) completing and submitting a Order Form via the tupspace.com website.
2.2.The User agrees to only provide true and accurate data during the Registration.
2.3.User data necessary for the conclusion of the Agreement is clearly marked on the registration form (the “Basic Data”).
2.4.The Registration and, consequently, the Agreement will be considered ineffective if, during the Registration, the User:
a) refuses to accept these Terms.
b) refuses to provide Basic Data.
c) provides incomplete or untrue data.
2.5. User’s personal data may be processed in order to perform the contract, direct marketing of the administrator’s own products and services, including analytical purposes and response to queries – the legal basis for data processing is the necessity of processing for the contract and the legitimate interest of the administrator; it is justified for the administrator to provide the client with information about his services, to present offers tailored to the needs and interests of the client, to increase the sales of his services. Your data may be transferred to entities that process personal data at the request of the administrator, including IT service providers, marketing agencies, or agents – these entities process data on the basis of a contract with the administrator and only in accordance with the administrator’s instructions.
User’s personal data will be kept until the claims for the execution of the inquiry are time-barred or until the obligation to store data resulting from legal provisions expires. The administrator will no longer process data used for direct marketing purposes if User objects to the processing of your data for these purposes. User has the right to access his data and the right to demand their rectification, removal or restriction of their processing.
To the extent that the basis for the processing of User’s personal data is the premise of the legally legitimate interest of the administrator, User have the right to object to the processing of his personal data. In particular, User has the right to object to the processing of data for the purposes of direct marketing and profiling. To the extent that the basis for the processing of User’s personal data is consent, User has the right to withdraw his consent. Withdrawal of consent does not affect the lawfulness of the processing that was made on the basis of consent before its withdrawal. To the extent that your data is processed in an automated manner in order to conclude and perform the contract or processed on the basis of consent – User also has the right to transfer personal data, i.e. to receive personal data from the controller, in a structured, commonly used machine-readable format. User may send this data to another data administrator. User also has the right to lodge a complaint with the supervisory body dealing with the protection of personal data. In order to exercise the above rights, User should contact the data controller.
Contact details are indicated above. Providing your personal data by yourself is voluntary, but failure to provide personal data will prevent the contract from being processed and we will not be able to respond to the message we received.
2.6.By ticking the appropriate box during the Registration, the User represents his consent to receive previously unsolicited commercial information sent by the Provider on its behalf or on behalf of third parties (e.g. information about any promotions or new products available on the Service) to the e-mail address provided by the User during the Registration. The consent referred to in the preceding sentence also applies to the time period after the Provider terminates the provision of the Services and, in particular, after the Agreement is terminated.
2.7.The Agreement is concluded for an indefinite period of time and may be terminated by the User or by the Provider in accordance with sec. 8 of these Terms.
2.8. Following the conclusion of the Agreement and in order to provide the Services, the Provider will process the following Basic Data:
a) User’s name and surname,
b) User’s e-mail address.
c) User’s address.
d) User’s telephone number.
2.9. By ticking the appropriate box during the Registration, the User requests the Provider to start providing the Services prior to the withdrawal deadline referred to in sec. 9.1 of these Terms.
2.10. After the Registration has been completed, the User may, at any time, express or revoke his consent, referred to in sec. 2.5 and 2.6 above, by sending an e-mail with a relevant statement to email@example.com
3. User Account and Promo Codes.
If you decide to get an account you can access it by logging into it with your login and password. Remember to use your account in accordance with these Terms and the relevant provisions of law.
3.1. As a result of the Registration, an Account is created and assigned to the e-mail address provided by the User during Registration (order Form). User data provided during Registration is stored within the Account.
3.2. Whenever any data provided during the Registration changes, the User should inform TUP.
3.3.The User can access his Account by:
a) correctly entering his e-mail address (login) and password (provided during the Registration) into the “log in” form,
If the User forgets his password, the Provider will send a new one to the e-mail address provided during the Registration. The password can only be recovered after the User submits a filled password recovery form provided by the Provider.
3.4.The User is obliged to keep his password confidential. The user is also obliged not to make their Account available to any third party and in particular, not to let any third party use the Service or the Services via the Account.
3.5. In the course of using the Service, the User is obligated to comply with the relevant provisions of law and, in particular, the provisions of the Dutch Law.
3.6. In order to use the Service and, in particular, to submit the Order, it is necessary for the User to have:
a) a device with Internet access and a web browser accepting cookies,
c) an e-mail account.
3.8. The Provider issues Promo Codes and Gift Cards as set out in the Terms and Conditions for Promo Codes and Gift Cards
3.9. User may enter one Promo Code per order when checking out. Entering more than one Promo Code for multiple discounts within one order is not permitted.
4. The Rights and Obligations of the Provider
We can block, restrict or limit access to your account whenever we think it may pose a threat to yourself, ourselves or other users. You are responsible for any content posted, stored, published or transmitted through tupspace.com.
4.1. The Provider reserves the right to temporarily block any Account, suspend access to certain Services or suspend access to the Service entirely whenever it has been determined that the security of the Account, the Service or other Users is threatened. The Provider may require the User to reset his password. In such a case, the User will regain access to the Account immediately after the password has been reset.
4.2. In case of a serious breach of these Terms by the User or an attempt by the User to act to the detriment of any other User or the Provider, the Provider reserves the right to implement additional restrictions on the use of the Account, as well as, to remove the Account entirely (see sec. 9.2 below).
4.3. The Provider is not responsible for any content posted, stored, published or transmitted by the User through the Service and in connection with the Services. The User is obligated not to post, store, publish or transmit (through the Service or in connection with the Services) any content or material that is unlawful or which threatens the security of the Accounts, of other Users or of the Service.
5. The Order
You place an order after going through the order process. If you have an account, you won’t need to provide your personal data again. All payments and deliveries are processed by third party providers. Note that we will not process your order before we receive payment confirmation. Also, due to the fact that all our products are custom made, you will not be able to cancel or change your order. You may, however, return your Product within 100 days if the product is defect or does not perform as advertised. Shipping is currently only available mainland Europe.
5.1. An Order is submitted once the User: confirms the Order Confirmation. The User submits an Order by following subsequent steps within the Service. In case an Order is submitted by a User who has not concluded an Agreement, sec. 2.2 to 2.7 of these Terms shall apply during the Order and to the data provided during the Order. The Orders can only be placed for Products to be shipped to mainland Europe.
5.2. Once the Order Confirmation is confirmed:
a) the Provider is obligated to provide the User with a Product suitable for use, non-defective and finished in accordance with the final Specification, and
The Provider is not responsible for exchange rates or fees applied to the final product price and product assembly cost, should The User choose to make payment in a currency different than the indicated region-specific final price.
5.3. Before submitting an Order the User receives information on available payment methods. During the completion of the payment, the User is redirected to the Broker’s website in order to select the payment method and pay for the Order.
5.4. Once the Order is submitted, the User will receive an e-mail confirming the Order’s final Specification and its acceptance by the Provider. At this point a contract for a sale of the ordered Product has been concluded between the Provider and the User (the “Purchase Agreement”) and the Order, the Specification, as well as, the Purchase Agreement itself, may not be amended.
5.5.The Provider will begin to execute the Order (i.e. initiate the Product’s production and delivery) immediately after confirmation of the User’s relevant payment is provided by the Broker.
5.6.The production process – from Users’s order through to finished Product – can take up to 60 days. Once the production and packaging of the Product is complete the Product is turned over to a company providing transport, delivery or freight forwarding services (the “Deliverer”). The Deliverer delivers the Product to the User. The risk of damage to or loss of the Product is transferred upon the User once the Product has been duly delivered to the User.
5.8. In special cases caused by the specific nature of an Order, in particular, high level of individualization and complexity of the project, numerous stages of the designing and production process, the obligation to use materials meeting quality requirements, the obligation to test the products to ensure their compliance with technical requirements, the Provider reserves the right to extend the deadline set in Point 5.6 of the Regulation. The Provider will immediately inform the User of the expected new delivery time, which will constitute an amendment of the terms of the Order.
6. Intellectual Property
The content of our website and our design of our products are all (and will remain) copyright protected. We do not transfer or grant consent for the use of our copyright protected work.
6.1. The Products and the Service (including any part of the Service and virtual visualizations of the Products) may:
a) constitute a work within the meaning of the Copyright Act and be subject to the protection provided therein,
b) be subject to the protection provided in the Industrial Property Law.
All rights to the Products and the Service (including any part of the Service and visualizations of the Products) arising out of the provisions of the Copyright Act and the Industrial Property Law are vested exclusively with the Provider.
6.2. It is not the intention of the Provider for the use of the Service (including the conclusion of the Agreement or the Purchase Agreement) to lead to:
a) the acquisition by the User of any copyright, including, in particular, copyright to the Product or the Service ,
b) the acquisition by the User of any rights or privileges (such as patents, protection rights for industrial design, the right of registration of industrial designs) provided in the Industrial Property Law,
c) obtaining by the User of the consent referred to in art. 2 sec. 2 of the Copyright Act.
6.3. Notwithstanding sec. 6.1 and sec. 6.2 above, whenever the User acquires any rights referred to in sec. 6.2 pts. a) and b) as a result of using the Service, the User hereby grants the Provider with a non-exclusive, worldwide license to use the Product or the Service (or any part thereof) to which these rights were acquired on all fields of exploitation referred to in art. 50 of the Copyright Act, that is: (i) to fix and reproduce the Product or the Service (or any part thereof) by, among other, producing its copies in a specific technique, including carpentry, printing, reprographic, magnetic recording or any digital technique, including on any memory drives, (ii) to circulate the originals or the copies of the Product or the Service (or any part thereof), as well as, to lend or rent them, (iii) to publicly perform, exhibit, screen, retransmit, broadcast and rebroadcast the Product or the Service (or any part thereof), as well as, to make them available to the public in a manner allowing anyone to access them in a place and at a time of their choosing (in particular via the Internet, on any device or data carrier, as well as, via any user interface). The license referred to in this sec. 6.3 is granted for the period of 20 years.
You can submit a complaint about a defective or an incomplete product, as well as, a product inconsistent with your specification. You can do that within a year from when you’ve noticed a defect (but not after 18 months from when you’ve received your product). We will process you complaint within 14 days and will let you know if we will fix or replace your product. We cover the costs of shipments made in connection with your complaint.
7.1 .The User has the right to file a complaint about a Product (the “Complaint”) which, at the time of its delivery to the User, was defective and which, in particular, was: a) inconsistent with the final Specification referred to in sec. 5.1 and 5.4 above, b) damaged, c) incomplete. For the avoidance of doubt, any inconsistency between the finished Product and the visualization of the Product provided in the Service, does not constitute an inconsistency referred to in pt. a) above. The right to file a Complaint does not apply to a Product damaged or incomplete due to User’s fault.
7.2.The User may file a Complaint within one (1) year from the date in which the Product’s defect has been noticed, but no later than after 18 months from the date the Product has been delivered.
7.3.The User files the Complaint in an e-mail sent to tupspace.com. The Complaint should briefly describe the defects observed and, if possible, include photos illustrating them. The Complaint should also include the User’s request to:
a) repair, or
b) replace the Product with a new one.
7.4. On the basis of the information contained in the Complaint, the Provider will:
a) accept or refuse to accept the Complaint, or
b) request the User to provide additional information or send the Product to the Provider’s address, in order to examine its defects in more detail, and will subsequently accept or refuse to accept the Complaint.
7.6.The Provider will consider the Complaint within 14 (fourteen) days from the date of its receipt. Once this period lapses, the Complaint shall be deemed accepted.
7.7. If the Complaint is accepted, the Provider may remove the defect by replacing the Product (or its element) with a new one or by fixing it. The Provider may refuse to satisfy the User’s request to replace or fix the Product, whenever this is impossible or may be excessively costly when compared to other available remedies of the Product’s defects. In such a case, the Provider will propose other remedies in order to remove the defects referred to in the Complaint.
7.8. The Product’s return and replacement (as well as, other shipments of the Product – or its elements’ – resulting from the Complaint) shall be at the sole expense and risk of the Provider. At the User’s request, the Provider may provide the User with a proper shipment packaging.
7.9. The Provider shall inform the User of his refusal to accept the Complaint and the reasons of doing so by way of an e-mail sent to the User’s address provided during the Registration, during the Order or with the Complaint
7.10. In the event of a dispute between the Provider and the User concerning the Provider’s refusal to accept the Complaint, the User is entitled to the benefit of alternative dispute resolution. In particular, the User may refer his case to a mediator or to an arbitration court by filing an applicable form – a request for mediation or an application to the arbitration court – with a relevant institution.
Within 100 days from the delivery you have the right to return the product stating your cause for doing so and without incurring any additional cost. This only applies, however, if you have not damaged or made the product incomplete. In order to place a return, just file a relevant statement via e-mail.
8.1. Notwithstanding the right to file a Complaint, the User may also terminate the Sale Agreement and return the Product with stating his cause for doing so or incurring any additional cost (the “Termination”). The right to Terminate does not apply to any Product which has been damaged or made incomplete by the User. The right to Terminate does not apply to any Product designed or modified by the TUP staff on the User’s written or verbal request.
8.2. The right to Terminate may be executed within 100 (hundred) days from the Product’s delivery date. In order to Terminate the User should file a Termination statement via e-mail (firstname.lastname@example.org).
8.3. The Product subject to the Termination shall be returned at the sole expense and risk of the Provider. At the User’s request, the Provider may provide the User with a proper shipment packaging.
8.4. Within 7 (seven) days from when the Product subject to the Termination has been delivered to the Provider, the Provider shall inform the User if the Termination has been effective or if the Product subject to the Termination has been deemed damaged or made incomplete by the User. These information shall be provided in an e-mail sent to the User’s address provided during the Registration, during the Order or with the Termination.
8.5. The Termination shall be effective if within 7 (seven) days from when the Product has been returned to the Provider, the Provider has not informed the User that this Product has been deemed damaged or made incomplete by the User. This information shall be provided in an e-mail sent to the User’s address provided during the Registration, during the Order or with the Termination.
8.6. Within 14 (fourteen) days from an effective Termination, the Provider shall return to the User an amount equal to the Product’s total purchase price and delivery costs, as incurred by the User.
8.7. In the event of a dispute between the Provider and the User concerning the Termination, the User is entitled to the benefit of alternative dispute resolution. In particular, the User may refer his case to a mediator or to an arbitration court by filing an applicable form – a request for mediation or an application to the arbitration court – with a relevant institution.
9. Termination of the customer account Agreement
You can request your account to be removed by sending us a letter or an e-mail. Your account will be removed within 7 days from when we receive your request. On the other hand, we may only remove your account ourselves if you use it in violation of these Terms or relevant provisions of law. Removing your account will not affect any previous purchases you’ve placed with us.
9.1. The User may terminate the Agreement by filing a termination statement:
a) in writing, to the Provider’s address provided in sec. 1.2 of these Terms,
b) in an e-mail sent to the Provider’s address provided in sec. 7.1 of these Terms.
Along with the termination statement the User may also file a request to terminate the processing of his or her personal data provided during the Registration. The Agreement is deemed terminated after 7 (seven) days from the day the termination statement has been received by the Provider.
9.2.The Provider may terminate the Agreement whenever:
a) the User intentionally uses (or tries to use) the Service (or any of its elements) or the Account in a manner inconsistent with their purpose or in violation of these Terms or the law (including, in particular, the Copyright Act and the Industrial Property Law),
b) willfully infringes or attempts to infringe the security features of the Service in order to gain unauthorized access to the Provider’s IT system.
In such a case, the Provider will be entitled to request the User to refrain from violating these Terms or the law. If the User fails to comply or provides insufficient explanation within 3 (three) days of such a request, the Provider is authorized to terminate the Agreement with immediate effect.
9.3. The termination of the Agreement results in the removal of the Account by the Provider.
9.4. Termination of the Agreement will not affect the validity and effectiveness of any Purchase Agreements concluded before the Agreement was terminated.
10. Customer account withdrawal
You can withdraw from having an account within 14 days from registering. In order to do that, you may use a standard withdrawal form. Withdrawal will not affect any previous purchases you’ve placed with us.
10.1. The User has the right to withdraw from the Agreement within 14 (fourteen) days from the date of its conclusion. You can withdraw by sending an email to email@example.com stating that you explicitly withdraw from the Agreement. A Statement of withdrawal can be requested by email sent to firstname.lastname@example.org
10.2. The User may withdraw from the Agreement by filing a statement of withdrawal:
a) in writing, to the Provider’s address provided in sec. 1.2 of these Terms,
b) in an e-mail sent to the Provider’s address provided in sec. 7.4 of these Terms.
10.3. Once the statement of withdrawal has been filed in accordance with sec. 10.2 above, the Provider will confirm its receipt by way of an e-mail sent to the User’s e-mail address provided during the Registration
10.4. Once the User withdraws from the Agreement it will be deemed null and void, while both the Provider and the User will be obligated to return any benefits they have received from each other in connection with the Agreement.
10.5. Withdrawal from the Agreement will not affect the validity and effectiveness of any Purchase Agreements concluded before the withdrawal became effective.
11. Final Provisions
Where necessary, we will request your consent to any changes we will be making to these Terms.
11.1. These Terms are made available within the Service at tupspace.com.
11.2. Subject to sec. 11.3 below, the Provider reserves the right to amend these Terms at any time. Information about each amendment to these Terms and its grounds will be made available within the Service along with a new, unified text of these Terms.
11.3. After the Agreement has been executed and prior to the fulfillment of any pending Purchase Agreements, any amendment to these Terms, to which the Consumer Rights Act requires each parties’ consent, may only be effectuated upon the User’s explicit consent. Such consent may be expressed by ticking an appropriate box in the form made available within the Service in connection with such an amendment to the Terms.
11.4. All attachments hereto constitute an integral part of these Terms.
11.5.The name of the Service, its concept and graphic design, all trademarks, Product designs and databases presented within the Service, as well as, any computer code associated with the Service constitute (unless otherwise explicitly provided) the Provider’s sole, legally and globally protected property.