TERMS AND CONDITIONS OF SALE

1. Purpose

These terms and conditions govern sales concluded online on cuboxo.fr between CUBOXO (“CUBOXO”) and any person, consumer or business (“the customer”), who buys a product presented on the site: shipping containers, CUBO converted containers and accessories.

Custom projects are subject to a quotation and special conditions, which take precedence over these terms for the matters they cover.

The customer reads these terms before ordering; confirming the order constitutes acceptance. The terms in force on the order date apply.

2. Seller

CUBOXO, SASU (French single-shareholder simplified joint-stock company) with share capital of €1,000, registered with the Lorient Trade and Companies Register under number 877 657 635, SIRET 877 657 635 00026, EU VAT number FR67 877657635.
Registered office: 10 Place du Golheres, 56400 Auray, France.
Email: contact@cuboxo.fr · Phone: +33 7 56 99 89 14

3. Products

The essential characteristics of each product (dimensions, condition, fit-out, compatibility) are shown on its product page. Images are photographs and renderings intended to illustrate the product: they are not contractually binding as to colour or finishing details.

A container sold as “new — one trip” has made a single sea voyage. A used container is inspected, cleaned and delivered wind and water tight; it is not sold for further sea transport unless stated otherwise on its page.

The following are normal wear on a used container and are not defects: handling marks, surface rust without perforation, old patch or weld repairs that preserve water-tightness, doors needing adjustment, a marked floor and worn but tight seals. For a new (one-trip) container, only light handling marks and micro-scratches are accepted.

4. Prices

Prices are shown in euros, including all taxes and delivery: delivery is free on all products (shipping containers, CUBO range and accessories) to France, Germany, Spain and Belgium. The price invoiced is the one displayed at the time of ordering.

5. Ordering

The customer adds products to the cart and clicks “Check out”. They are taken to the secure payment page operated by our provider Shopify, where they enter their details and delivery address, then check the order details and total price before paying.

The order is final once payment is confirmed. A summary email confirms receipt. CUBOXO may cancel an order for a legitimate reason (failed payment, inaccessible delivery address, previous dispute with the customer); it then informs the customer and refunds them in full.

6. Payment

Payment is made online when ordering, using the methods offered on the payment page: card (Visa, Mastercard, American Express), Apple Pay or Klarna. Payment is processed by Shopify Payments; payment data is handled by Shopify and its payment partners; CUBOXO never has access to it.

Klarna instalment payment is subject to approval by Klarna and to its own terms; CUBOXO receives the full price when the order is placed.

7. Delivery

Delivery areas, lead times, access requirements and the delivery process are described on the Delivery page, which forms part of these terms. Delivery takes 14 days from the order for in-stock products and 10 weeks for made-to-order models, as stated on each product page (article L216-1 of the French Consumer Code); the day and time slot are agreed with the customer by email.

In the event of delay, a consumer customer may, after giving CUBOXO formal notice to deliver within a reasonable additional period without result, terminate the contract in writing under the conditions of the French Consumer Code.

The risk of loss or damage passes to a consumer customer when they, or a third party they have designated, take physical possession of the product (article L216-4 of the French Consumer Code). For a business customer, it passes when the product is handed over at the agreed delivery place.

8. Receipt

The customer checks the product on delivery, in the presence of the driver, and notes any specific reservation on the delivery note (impact, scratch, missing part), with photos where possible; they inform CUBOXO at contact@cuboxo.fr as soon as possible. When delivery is made by an independent carrier, a business customer confirms their reservations to the carrier by registered letter within three days of receipt (article L133-3 of the French Commercial Code).

9. Right of withdrawal

A consumer customer has fourteen days from receipt of the product to withdraw, without giving any reason (article L221-18 of the French Consumer Code). The same right is available to a business with five employees or fewer, where the purchase falls outside its main activity (article L221-3).

It does not apply to goods made to the customer's specifications or clearly personalised (article L221-28), in particular custom projects ordered on quotation.

How to exercise this right, return the product and obtain a refund is described on the Returns and refunds page, which forms part of these terms and includes the model withdrawal form.

10. Legal guarantees

A consumer customer benefits from the legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code).

Legal guarantee of conformity: the consumer has two years from delivery of the goods to act. For twenty-four months (twelve months for second-hand goods), they only need to prove the existence of the defect, not when it appeared. They obtain repair or replacement free of charge within thirty days of their request; failing that, a price reduction or termination of the sale. This guarantee applies independently of any commercial warranty.

Information box on the legal guarantee of conformity (French decree no. 2022-946 of 29 June 2022):

The consumer has two years from delivery of the goods to enforce the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date it appeared.

Where the sales contract provides for the continuous supply of digital content or a digital service for more than two years, the legal guarantee applies to that digital content or service throughout the planned supply period. During this period, the consumer only needs to establish the existence of the lack of conformity affecting the digital content or service, not the date it appeared.

The legal guarantee of conformity requires the trader, where applicable, to provide all updates needed to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience.

If the goods are repaired under the legal guarantee of conformity, the initial guarantee is extended by six months.

If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.

The consumer may obtain a reduction of the purchase price while keeping the goods, or end the contract and be refunded in full against return of the goods, if:

1. The trader refuses to repair or replace the goods;

2. Repair or replacement takes place after thirty days;

3. Repair or replacement causes major inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or the cost of installing the repaired or replacement goods;

4. The lack of conformity persists despite the seller's unsuccessful attempt to remedy it.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request repair or replacement first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are out of use for repair or replacement suspends the remaining guarantee period until the repaired goods are returned.

The rights above result from articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the legal guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept, or a full refund against return of the goods.

Hidden defects: the buyer, consumer or business, may act within two years of discovering the defect (article 1648 of the French Civil Code) and choose between termination of the sale and a price reduction (article 1644).

Commercial warranty: shipping containers and CUBO models also carry a written warranty of 5 years for new products and 1 year for used products, from delivery, covering the structure and water-tightness, under the conditions described on the Warranties page. Accessories are not covered.

11. Retention of title

CUBOXO remains the owner of the product until the price is paid in full. The customer may not resell or modify it before payment; risk nevertheless passes to them as set out in article 7.

12. Force majeure

CUBOXO is not liable for delay or non-performance due to force majeure within the meaning of article 1218 of the French Civil Code (weather preventing delivery, port blockade, transport strike, epidemic…). It informs the customer without delay; if the impediment lasts more than thirty days, either party may terminate the contract and any sums paid are refunded.

13. Siting and use

Siting a container may require planning approval, depending on floor area, use and duration; it is the customer's responsibility to obtain it. The customer prepares a flat, stable base suited to the product's weight. CUBOXO is not liable for use that does not match the product's purpose or the information on its page.

14. Personal data

Data collected with the order is used to process, deliver and invoice it and for after-sales service. It is processed by CUBOXO and by Shopify, its payment and order management provider. The customer has rights of access, rectification, erasure and objection, exercised by writing to contact@cuboxo.fr. See also the privacy policy and the cookie policy.

15. Complaints

Any complaint should be sent to contact@cuboxo.fr with the order number. CUBOXO replies in writing as soon as possible and seeks an amicable solution with the customer.

16. Governing law

These terms are governed by French law, without depriving a consumer of the protection of the mandatory rules of the country where they live. A consumer customer may bring proceedings, at their choice, before any court with territorial jurisdiction or the court of the place where they lived when the contract was concluded or the harmful event occurred (article R631-3 of the French Consumer Code). For disputes with a business customer, the Lorient Commercial Court has jurisdiction.