Terms of service
Terms of Service
These Terms of Service apply to purchases, quotations and agreements with Cubo B.V., trading as Cubo Supplies. Our business primarily supplies professional catering and refrigeration equipment to business customers throughout the Netherlands and European Union.
1. Definitions
```In these Terms:
- CUBO, we, us or our: Cubo B.V., trading as Cubo Supplies.
- Customer or you: any natural person, sole trader, partnership, company, legal entity or other organisation entering into an agreement with CUBO.
- Business Customer: a customer acting for purposes relating to their trade, business, craft or profession.
- Consumer: a natural person acting primarily for purposes outside their trade, business, craft or profession.
- Product: any goods, equipment, components, accessories or other products supplied or offered by CUBO.
- Agreement: any agreement between CUBO and the customer, including orders accepted through our website, quotations and any agreed amendments.
- Working Day: Monday to Friday, excluding recognised public holidays applicable to the relevant operation or delivery service.
2. Company Information
```7766AA Nieuw-Schoonebeek
The Netherlands
Telephone: (+31) 85 130 74 95
Email: sales@cubosupplies.com
Website: www.cubosupplies.com
VAT: NL855790854B01
Chamber of Commerce: 64706761
3. Applicability of These Terms
```These Terms apply to all quotations, offers, website orders, sales and agreements entered into between CUBO and the customer unless expressly agreed otherwise in writing.
By placing an order or accepting a quotation, you agree to these Terms and any other policies expressly incorporated into the agreement.
Any purchasing conditions or other general terms used by a Business Customer are expressly rejected unless CUBO has agreed in writing to their application.
If an individual agreement expressly conflicts with these Terms, the individually agreed provision will take priority.
```4. Offers, Quotations & Product Information
```Unless stated otherwise, quotations and offers are non-binding and remain subject to availability, verification and acceptance by CUBO.
We take reasonable care to ensure product descriptions, specifications, images, dimensions and prices are accurate. Minor differences that do not materially affect the normal use or performance of a product may occur.
Unless we expressly confirm suitability in writing, the customer remains responsible for ensuring that a product is appropriate for its intended commercial purpose, site conditions, capacity requirements and utilities.
Nothing in this clause limits statutory consumer rights concerning product descriptions, conformity or misleading information.
```5. Formation of the Agreement
```An order submitted through our website constitutes an offer by the customer to purchase the relevant products.
An agreement is formed when CUBO accepts the order, confirms the order, accepts payment or begins performance, whichever occurs first, unless the confirmation expressly states otherwise.
We reserve the right to refuse or cancel an order where reasonably necessary, including where:
- A product is unavailable
- A pricing or product-information error has occurred
- Payment cannot be authorised or verified
- Fraud, misuse or unlawful activity is reasonably suspected
- Delivery cannot reasonably be completed to the requested location
- For Business Customers, we reasonably determine that additional payment security is required
Where payment has already been received for an order that we cannot accept, the relevant amount will be refunded.
```6. Prices, VAT & Delivery Charges
```Prices are shown as indicated on the relevant product page, quotation or checkout.
Depending on the customer type, market and website presentation, prices may be shown excluding or including VAT. The final VAT treatment and total payable amount will be shown or confirmed before the order is completed.
Delivery, installation, collection, specialist transport or other additional services are not included unless expressly stated.
Any applicable additional costs will be shown at checkout, in the quotation or otherwise communicated before the agreement is concluded.
```7. Payment
```Unless agreed otherwise in writing, payment is due according to the payment terms stated at checkout, on the invoice, quotation or order confirmation.
CUBO may require full or partial payment in advance, particularly for first orders, special-order products, high-value orders or where additional credit security is reasonably required.
If a Business Customer fails to pay an amount when due, CUBO may charge statutory commercial interest and reasonable recovery costs permitted under applicable Dutch law.
For Consumers, late-payment interest and collection charges will only be applied in accordance with mandatory consumer law and applicable statutory notice requirements.
Business Customers may not withhold or set off payment against amounts due to CUBO unless CUBO has agreed otherwise in writing or the relevant claim has been finally established.
```8. Delivery
```Delivery methods and estimated lead times vary depending on the product, brand, stock location and delivery destination.
Unless expressly guaranteed by CUBO in writing, delivery dates and times are estimates rather than strict deadlines.
Delays may occur due to circumstances outside our reasonable control, including carrier disruption, traffic, weather, customs procedures, vehicle breakdowns, supplier delays or other operational circumstances.
Our full delivery arrangements, pallet-delivery conditions, access requirements, failed-delivery provisions and damage-reporting procedure are described in our Delivery & Shipping Policy, which forms part of these Terms where applicable.
```9. Delivery Access & Customer Responsibilities
```The customer is responsible for providing complete and accurate delivery information and ensuring reasonable access to the delivery location.
Large commercial equipment is generally delivered by pallet service to the delivery address or kerbside unless a different service has been agreed.
Unless expressly agreed, standard delivery does not include:
- Carrying equipment inside a building
- Moving products upstairs or downstairs
- Positioning or installation
- Removing doors, fixtures or packaging to gain access
- Disposal of old equipment
Additional costs caused by incorrect information, unavailable recipients, unsuitable access or failed delivery may be charged to Business Customers. Any such charge to Consumers will be subject to applicable consumer law.
```10. Risk & Retention of Title
```Risk in the products passes in accordance with applicable law and the agreed delivery arrangement.
For Business Customers, ownership of products supplied by CUBO remains with CUBO until all amounts due in relation to those products and the relevant agreement have been paid in full.
Until ownership has transferred, the Business Customer must:
- Take reasonable care of the products
- Keep them identifiable as products supplied by CUBO where reasonably possible
- Not intentionally dispose of or encumber them in a manner prejudicing CUBO’s ownership rights
Nothing in this provision affects mandatory rules that apply to Consumers.
```11. Inspection, Delivery Damage & Shortages
```Customers should inspect products and packaging as soon as reasonably possible after delivery.
Customers should retain the packaging and provide photographs of the product, outer packaging, inner packaging and shipping label where requested.
Prompt reporting is especially important for Business Customers because delays may affect our ability to submit a transport claim or determine when and how damage occurred.
For Consumers, this reporting request does not remove or restrict mandatory statutory rights relating to damaged, defective or non-conforming goods.
```12. Returns & Cancellation
```Return rights differ depending on whether the customer is a Business Customer or Consumer, the brand purchased, the product condition and the circumstances of the return.
Business Customers do not have an automatic statutory right to cancel a correctly supplied order merely because they have changed their mind, unless CUBO agrees to accept the return.
Approved Business Customer returns may be subject to return transport costs, supplier conditions and/or reasonable restocking charges.
Consumers purchasing at a distance may have a statutory right of withdrawal for eligible purchases. Such mandatory rights apply independently of CUBO’s additional commercial return policies.
```13. Product Conformity & Warranty
```CUBO will supply products in accordance with the agreed specifications, subject to reasonable tolerances and any expressly disclosed product characteristics.
Warranty coverage varies depending on the product and brand.
Other brands may be covered by a manufacturer, supplier, parts-only, parts-and-labour or back-to-base warranty, depending on the product.
Warranty coverage generally does not extend to faults caused by misuse, incorrect installation, inadequate maintenance, unauthorised repair or modification, normal wear and tear, unsuitable utilities, environmental conditions or inadequate ventilation.
Commercial warranty terms are additional to, and do not limit, any mandatory statutory rights available to Consumers. Under Dutch consumer law, statutory conformity rights are not necessarily limited to the duration of a commercial warranty.
```14. Installation & Use
```Unless expressly included in the agreement, installation, commissioning and connection of products are not included in the sale.
The customer is responsible for ensuring that:
- The installation location is suitable
- Electrical, gas, water, drainage and ventilation requirements are met
- Any installation requiring a qualified or certified professional is carried out by an appropriately qualified person
- The product is used, cleaned and maintained in accordance with the manufacturer’s instructions
CUBO is not responsible for faults or damage caused by unsuitable installation, utilities, site conditions or use outside the product’s intended specification, except where liability cannot legally be excluded.
```15. Force Majeure
```CUBO will not be liable for failure or delay in performing an obligation where this is caused by circumstances beyond our reasonable control.
Such circumstances may include, without limitation:
- War, terrorism, civil unrest or government action
- Pandemics, epidemics or public-health restrictions
- Fire, flood or extreme weather
- Strikes or industrial disputes
- Transport, port, customs or logistics disruption
- Energy, communications or infrastructure failures
- Unexpected supplier or manufacturing disruption beyond our reasonable control
- Import, export, sanctions or governmental restrictions
Obligations affected by force majeure may be suspended for the duration of the relevant event.
If performance becomes impossible or is delayed for an unreasonable period, either party may have the right to terminate the affected part of the agreement, subject to applicable law and payment for products or services already properly supplied.
```16. Liability – Business Customers
```This section applies to Business Customers to the fullest extent permitted by law.
CUBO will not be liable for indirect or consequential losses arising from an agreement, including loss of profit, loss of revenue, loss of business, loss of production, loss of contracts, loss of goodwill or business interruption, except where liability cannot legally be excluded.
The customer is responsible for taking reasonable steps to minimise foreseeable loss, including maintaining appropriate contingency arrangements where equipment is operationally critical.
Subject to mandatory law, CUBO’s aggregate liability arising from or connected with an individual agreement will normally be limited to the amount paid or payable by the customer for the product or order giving rise to the claim.
Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence where such exclusion is prohibited, or any other liability that cannot legally be excluded or limited.
```17. Consumers
```Although CUBO primarily supplies business customers, private consumers may also purchase eligible products from us.
Depending on the circumstances, Consumers may have statutory rights concerning:
- Pre-contract information
- A cooling-off or withdrawal period for eligible distance purchases
- Product conformity and statutory guarantee rights
- Repair, replacement, price reduction or termination where legally applicable
- Protection against unfair contractual terms
- Mandatory rules concerning governing law and jurisdiction
Where a provision of these Terms conflicts with mandatory consumer law, the mandatory consumer-law provision will apply instead.
```18. Cancellation, Suspension & Termination – Business Customers
```CUBO may suspend performance or terminate an agreement with a Business Customer where there is a material breach that is not remedied within a reasonable period after notice, where appropriate.
CUBO may also suspend or terminate performance where reasonably justified if:
- The customer becomes insolvent or enters bankruptcy, liquidation or suspension-of-payment proceedings
- The customer ceases or materially reduces its business activities
- There are reasonable grounds to believe that the customer will not meet material payment obligations
- Payment remains overdue after the customer has been given a reasonable opportunity to remedy the default
Termination does not affect rights, payment obligations or claims that arose before termination.
```19. Resale & Distribution
```Unless separately agreed in writing, purchasing products from CUBO does not appoint the customer as an authorised distributor, agent or representative of CUBO.
Customers reselling CUBO products must comply with applicable laws, product-safety requirements, intellectual-property rights and any legally valid distribution restrictions expressly agreed with CUBO.
No provision in these Terms requires a reseller to follow resale pricing or territorial restrictions where such requirements would be prohibited by applicable EU or competition law.
```20. Intellectual Property
```Unless otherwise stated, intellectual-property rights in CUBO branding, product content, photographs, graphics, manuals, website content and marketing materials remain the property of CUBO or the relevant rights holder.
Customers may not reproduce, modify or commercially use protected CUBO materials beyond what is legally permitted or separately authorised in writing.
```21. Complaints
```Complaints should be submitted as soon as reasonably possible and should contain sufficient information for us to investigate the issue.
Please contact:
Telephone: (+31) 85 130 74 95
We aim to acknowledge and respond to complaints within a reasonable period. Complex technical, warranty or supplier-related cases may require additional investigation.
```22. Privacy
```Personal data is processed in accordance with our Privacy Policy and applicable data-protection legislation, including the EU General Data Protection Regulation (GDPR / AVG).
```23. Changes to These Terms
```CUBO may update these Terms from time to time.
Unless otherwise lawfully agreed, an agreement is governed by the version of the Terms that applied when that agreement was concluded. Updated Terms will apply to future agreements from the date they are published or otherwise communicated.
```24. Severability
```If any provision of these Terms is held to be invalid, unenforceable or unlawful, the remaining provisions will continue to apply. Where possible, the invalid provision will be interpreted or replaced in a manner that most closely reflects its intended lawful commercial effect.
```25. Governing Law & Disputes
```Agreements with CUBO are governed by Dutch law.
The United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) is excluded from Business Customer agreements to the extent legally permitted.
In the event of a dispute, the parties should first make reasonable efforts to resolve the matter amicably.
Consumers: The choice of Dutch law does not deprive a Consumer living in another EU country of mandatory protections provided by the law that would otherwise apply to them. Any dispute involving a Consumer will be handled in accordance with the mandatory jurisdiction rules applicable to consumer contracts.
```Questions About These Terms?
```Contact us if you have a question about an order, quotation or any provision of these Terms.
Email: sales@cubosupplies.com
Telephone: (+31) 85 130 74 95
