Terms & Conditions
1988cultivatingspaces.com is the property of 1988 Cultivating Spaces SRL (“1988 Cultivating Spaces”) while these terms and conditions (“Terms & Conditions”) set out the legal terms that apply to your use of this website, any of its sub-domains and any other websites operated by us and any mobile device application or desktop application developed by us (the “Websites” and “Website” being a reference to any one of them) and to the other services that we provide such as supply of products (together, the “Services”).
Please read these Terms & Conditions carefully and make sure that you understand them before using the Services or purchasing any product. Please note that by using the Services or purchasing any product, you agree to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions, you should leave the Website immediately. If you continue to use the Website or if you order our products, we will take this as your acceptance of these Terms & Conditions.
Understanding these Terms & Conditions
When we refer to “1988 Cultivating Spaces”, “we”, “us” or “our”, we mean 1988 Cultivating Spaces or, where relevant, its affiliates. Where we refer to “you” or “your” we mean you, the person using the Services or purchasing a product from our Website.
These Terms & Conditions are only available in the English language. We recommend that you print or save a copy of these Terms & Conditions for your records, but please note that we may amend these Terms & Conditions from time to time so please check the Website regularly, and each time you enter the Website or order products, to ensure you understand the legal terms which apply at that time. If you do not agree to any change to the Agreements then you must immediately stop using the Website.
The agreements (the “Agreements”) constitute all the Terms & Conditions agreed upon between you and us, together with the Shipping & Returns Policy and the Privacy & Cookies Policy, and supersede any prior agreements in relation to the subject matter of these agreements, whether written or oral. The Agreements include terms regarding future changes to the agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court.
In order to use our Website, access any content or make a purchase through our Website, you must be 18 or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and reside in a country where our Services are available. You also promise that any information that you submit to 1988 Cultivating Spaces is true, accurate, and complete, and you agree to keep it that way at all times.
We are 1988 Cultivating Spaces and we operate the website 1988cultivatingspaces.com. 1988 Cultivating Spaces is a company registered in Romania unde registration number J40/1225/2021. Our registered office is at 44A Ficusului Blvd, 013975, Bucharest, Romania. Our VAT number is RO43616803.
Your Orders with Us
The services we offer allow you to search through the Website and purchase our products based on orders or pre-orders (further referred as orders). Prices are shown in Euros and are inclusive of VAT at the applicable rate: for EU deliveries, the prices shown include a VAT of 19% while for non-EU deliveries, goods are invoiced with 0% VAT.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.
By completing the check-out process and placing an order, you are offering to purchase products from us. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
After you place your order, you will receive an e-mail to confirm your order was received. Our order confirmation email is not acceptance of your order by us. Your order is subject to availability and acceptance. 1988 Cultivating Spaces processes the order within 48 hours after the order was placed. We reserve the right not to further accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria. If we are unable to accept your order, we will inform you of this in writing and refund any money which you have paid us for it within 14 days.
Once availability and payment have been confirmed for the products you have ordered, we will arrange for the products to be delivered to you and to send you a dispatch email which concludes. Your order will be shipped according to the timescale of our logistics provider. For more details please refer to our Shipping & Returns Policy. Please note that the delivery logistics service is being provided by us to you and we may make a charge for these services which will be shown at checkout and prior to your purchase of the products.
Occasionally deliveries from our suppliers may be delayed. Consequently, you may be given the possibility of making an advance payment for pre-order items in which case you are able to make an advance purchase (the “Advance Purchase”). Your rights regarding Advance Purchase are the same as those for any other purchase. In the event that we are unable to deliver selected pre-order merchandise due to production problems or quality check issues, we will notify you by email and refund the Advance Payment to your credit/debit card within 14 days of being advised that merchandise has become unavailable.
In the event that you want to cancel your order, please advise Customer Service (email@example.com) within 14 days from placing your order. In case that the order has already been dispatched to you or you have received it, you must return it to us as per our instructions in the Shipping & Returns Policy.
Product Details & Damaged Items
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled and you will receive a full refund as soon as possible.
It is our aim that every item arrives in great condition and we hope you are always thrilled with your purchase. In the unhappy event that you receive an item in a flawed or damaged condition, please document the damage and advise Customer Service (firstname.lastname@example.org) for refund.
If you wish to return the item you have purchased, please follow the instructions in the Shipping & Returns Policy.
We accept Visa, MasterCard and American Express and any other methods which may be clearly advertised on the Website from time to time. We cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site
If you choose, you can create an account on our Website. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. For more details on the registration, please refer to our Privacy & Cookies Policy.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Please note that we have the right to disable any user identification code or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
Accessing Our Content
By creating an account, making a purchase or using any other 1988 Cultivating Spaces Services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with the Services, including accessing any videos or other content or material that is made available through the Service, you are entering into a binding contract with the 1988 Cultivating Spaces entity.
1988 Cultivating Spaces Services along with product designs, graphics, photographs, including all images, sounds, music, video, audio or text on the Website (the “Content”) are the property of 1988 Cultivating Spaces.
We grant you limited, non-exclusive, revocable permission to make use of the 1988 Cultivating Spaces Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or 1988 Cultivating Spaces. You promise and agree that you are using the 1988 Cultivating Spaces Services and Content for your own personal, non-commercial use and that you will not redistribute or transfer the 1988 Cultivating Spaces Services or the Content.
The 1988 Cultivating Spaces software applications and the Content are not sold or transferred to you, and 1988 Cultivating Spaces and its licensors retain ownership of all copies of the 1988 Cultivating Spaces software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices.
All 1988 Cultivating Spaces trademarks, service marks, trade names, logos, domain names, and any other features of the 1988 Cultivating Spaces brand are the sole property of 1988 Cultivating Spaces. The Agreements do not grant you any rights to use any 1988 Cultivating Spaces brand features whether for commercial or non-commercial use.
You agree not to use the 1988 Cultivating Spaces Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, 1988 Cultivating Spaces grants no right, title, or interest to you in 1988 Cultivating Spaces products, Services or Content.
1988 Cultivating Spaces respects intellectual property rights and expects you to do the same. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Here are a few ground rules for you to follow in order to make sure the 1988 Cultivating Spaces stays enjoyable for everyone. The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the 1988 Cultivating Spaces products, Services or the Content, or otherwise making any use of the 1988 Cultivating Spaces Services or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the 1988 Cultivating Spaces Services or the Content or any part of it;
- decompiling, disassembling, modifying, or creating derivative works of 1988 Cultivating Spaces products, Services, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by 1988 Cultivating Spaces, its licensors, or any third party to protect the Content or the Services;
- selling, renting, sublicensing, or leasing of any part of 1988 Cultivating Spaces Services or the Content;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the products, Content or Services or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- circumventing or blocking advertisements in 1988 Cultivating Spaces Services, or creating or distributing tools designed to block advertisements in the 1988 Cultivating Spaces Services;
- providing your password to any other person or using any other person’s username and password.
1988 Cultivating Spaces is the exclusive owner of all the intellectual property rights related to our products (including but not limited to product designs, art, drawings, technologies, utility models, brands, trade names and trademarks, etc.) and the right to apply for intellectual property of the related intellectual achievements. 1988 Cultivating Spaces has the right to enjoy and implement 1988 Cultivating Spaces intellectual property according to the relevant laws and regulations, and all the proceeds arising from the intellectual property protection shall be owned by 1988 Cultivating Spaces. 1988 Cultivating Spaces has absolute authority to strive for and maintain the protection for the intellectual property of all products on our Website. Any infringement of rights and interests of 1988 Cultivating Spaces on 1988 Cultivating Spaces Intellectual Property is unacceptable by us, including but not limited to resale of the products purchased.
In consideration for the rights granted to you under the Agreements, you grant us the right to provide advertising and other information to you and to allow our business partners to do the same. In any part of the 1988 Cultivating Spaces Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including 1988 Cultivating Spaces’ agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by 1988 Cultivating Spaces (e.g. podcasts) may contain advertising as part of the Content. The 1988 Cultivating Spaces Service makes such Content available to you unmodified.
We only use your personal information in accordance with our Privacy & Cookies Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy & Cookies Policy and you warrant that all data provided by you is accurate.
Term & Termination
The Agreements will continue to apply to you until terminated by either you or 1988 Cultivating Spaces. However, you acknowledge and agree that the perpetual license granted by you in relation to user Content is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason.
1988 Cultivating Spaces may terminate the Agreements at any time, including in the event of your actual or suspected unauthorised use of the 1988 Cultivating Spaces products, Services and/or Content, non-compliance with the Agreements.
Severability, waiver, and interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by 1988 Cultivating Spaces or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive 1988 Cultivating Spaces’ or the applicable third party beneficiary’s right to do so.
If you breach these Terms & Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Limits on our liability
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We are also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control.
These Terms & Conditions and any Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Romania. The courts of Romania shall have the exclusive jurisdiction over any dispute or claim relating to these Terms & Conditions.