Terms and Conditions | CUBICENTER

🇬🇧Table of Contents:

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

• Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

• Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Long-term transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

• Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use during a period appropriate to the purpose of the information and which allows unaltered reproduction of the stored information;

• Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;

• Model withdrawal form: the model withdrawal form made available by the entrepreneur that the consumer can complete when they wish to exercise their right of withdrawal;

• Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment at which the contract is concluded;

• Means of distance communication: any tool that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same space;

• General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

CUBICENTER
Part of Solestrade SL
Av. Juan Sanchis Candela 23A
E- 03015 Alicante - Spain
(registered office, not a return or visiting address)
📞+32 (0) 12 22 77 70
📧 info@cubicenter.eu
VAT number: ESB21891569

If the entrepreneur’s activity is subject to a relevant licensing regime:

• the data concerning the supervisory authority must be provided.

If the entrepreneur exercises a regulated profession:

• the professional association or organization to which they are affiliated;

• the professional title, the EU or EEA country in which it has been granted;

• a reference to the professional rules applicable in the Netherlands and how these rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting terms.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms and conditions shall remain in effect and the relevant provision shall be replaced without delay by mutual agreement by a provision that approaches the intent of the original as closely as possible.

Situations not provided for in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of these terms must be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer is subject to a limited period of validity or made under specific conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and do not give rise to compensation or termination of the agreement.
Images accompanying products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:

• the price including taxes;

• any applicable shipping costs;

• the manner in which the agreement will be concluded and which actions are required for this;

• whether or not the right of withdrawal applies;

• the method of payment, delivery, and performance of the agreement;

• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

• the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

• whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;

• the way in which the consumer can check and, if necessary, correct the information provided under the agreement before concluding it;

• any other languages in which the agreement can be concluded, besides Dutch;

• the codes of conduct to which the entrepreneur has committed and the way in which the consumer can consult these codes electronically; and

• the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the related conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application with motivation or to attach special conditions to the execution.
The entrepreneur shall provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:
a. the address of the entrepreneur’s business location where the consumer can file complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the data referred to in Article 4, paragraph 3, of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal (for consumers only)

For delivery of products:
When purchasing products, the consumer has the right to withdraw from the agreement without giving reasons within 14 days. This withdrawal period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, receives the product. If the consumer is absent during delivery, the withdrawal period begins on the date of the delivery attempt.
During the withdrawal period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain it. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, he must notify the entrepreneur within 14 days of receiving the product, by email. After this notification, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing a proof of shipment.
If the consumer does not notify his wish to use the right of withdrawal within the periods referred to in paragraphs 2 and 3 or fails to return the product to the entrepreneur, the purchase is considered final.

For delivery of services:
In the case of service provision, the consumer may withdraw from the agreement within at least 14 days, starting from the date the agreement was concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, at most the cost of return shipment shall be at his expense.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the seller or conclusive evidence of full return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. This exclusion is only valid if it was clearly stated in the offer, or at least before the conclusion of the agreement.

Exclusion is only possible for products:
a. made to the consumer’s specifications;
b. IBC barrels, frames, drums, and jerrycans – due to their suitability for food contact;
c. products and quantities ordered specifically for the customer;
d. products used by the customer;
e. products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. used (used or reco) products;
g. products with broken seals;
h. hygienic products where the consumer has broken the seal or packaging.

Exclusion is only possible for services:
a. accommodation, transport, restaurant or leisure services on a specific date or during a specific period;
b. services which have begun with the consumer’s explicit consent before the withdrawal period has expired;
c. betting and lotteries;
d. deliveries outside EU countries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any listed prices are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT. Exceptions apply to products marked “prices from” and transportation prices of containers, which are listed excluding VAT and only available via quotation.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In case of typographical or printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any additional guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within X days/weeks of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;

• The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery shall be the address provided by the consumer to the company.

Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without charge. The consumer is not entitled to any compensation.

No rights can be derived by the consumer from any mentioned delivery terms. Exceeding a deadline does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. (Excluding pallet transport)

If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to provide a replacement article. Upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Returns resulting from an incomplete or incorrect address provided by the consumer will not be refunded by the entrepreneur. A second delivery attempt will be at the consumer’s expense.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period and involving the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement involving the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

In the cases referred to in the previous paragraphs, the consumer may:

• terminate at any time and not be limited to termination at a specific time or in a specific period;

• terminate using the same method by which the agreement was entered into;

• always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed duration.

Contrary to the previous paragraph, a fixed-term agreement involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months if the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, or three months in the case of an agreement involving the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A limited-duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines by way of trial or introduction (trial subscription) shall not be automatically continued and will end automatically at the end of the trial or introductory period.

Duration
If an agreement lasts more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled—subject to legal restrictions—to charge reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

If a complaint cannot be resolved by mutual consultation, the consumer must contact a relevant dispute resolution foundation. If no solution is reached there, the consumer has the option to have the complaint handled by Stichting GeschilOnline. The decision of this foundation is binding, and both the entrepreneur and the consumer agree to this binding judgment. Costs associated with submitting a dispute to this committee must be borne by the consumer and paid to the relevant committee.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or deviations from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.