General Terms and Conditions of Sale for Business Customers

The company KUBII, a SAS with a share capital of €100,000, registered with the Lyon RCS under number 808 140 313, whose registered office is located in Lyon: 46 Chemin de La BRUYERE 69570 DARDILLYl, FRANCE  e-mail :
contact@kubii.com

GENERAL TERMS AND CONDITIONS OF SALE FOR BUSINESS CUSTOMERS

Article 1 : Scope, Purpose and Modification of the Terms and Conditions of Sale

KUBII is an online retailer specialising in do-it-yourself (D.I.Y) computer and electronic hardware and components.

These General Terms and Conditions of Sale establish the contractual relationship between KUBII and professional or commercial clients, public or private schools, and public administrations.

The applicable terms and conditions of sale for online orders are those available on www.kubii.com at the time of purchase. Before placing your order, you will be prompted to review the general terms and conditions of sale by checking a box on the website. By clicking the order confirmation, you acknowledge that you have reviewed the terms and conditions online on the day of the order and fully accept them without any reservation.

For orders processed through a quote, order form, or other specific conditions, the contract formed between you and the company KUBII consists of the specific conditions and these general terms and conditions of sale. The customer acknowledges having reviewed the GTCS attached to the specific conditions and fully accepts them without any reservation upon the regularisation of the specific conditions.

The company KUBII reserves the right to modify in whole or in part, and at any time, these general terms and conditions of sale. The applicable terms and conditions are those in force on the date of the order placement by the customer.

These General Terms and Conditions of Sale take precedence over any conflicting document from the customer, including any General Purchase Conditions that may deviate from these terms and are not expressly accepted by mutual agreement between you and the company KUBII. In any case, even in the event of the express acceptance by KUBII of your General Purchase Conditions or any other document, these general terms and conditions of sale prevail over any clauses of the customer that conflict with them.

If you are an agent, you are responsible for ensuring that the final customer agrees to these General Terms and Conditions of Sale. Failure to obtain the final customer's agreement may result in KUBII incurring damages, for which you will be held liable. Please note that KUBII will not be held liable if you fail to obtain the final customer's agreement.

Article 2 : Orders

2.1 - Preliminary informations

The products offered for sale on the website are detailed to provide you with information about their essential characteristics and their suitability for your needs. Consequently, you are deemed to have received all the information regarding the sale of the product, and you acknowledge having verified the adequacy of the sales service of products offered by the company KUBII to your needs. You have also received all necessary information prior to placing an order, including details about the essential characteristics of the products, prices, execution or delivery times, and legal and contractual warranties.

You are responsible for the information you provide to the company KUBII, and for its completeness, assuming all technical, economic, and legal consequences in case of inaccurate or missing information.

The decision to purchase a product is entirely your own.

Our product offers and prices are subject to stock availability or the availability of products from the supplier.

When ordering products from the supplier, you will be advised of the estimated delivery times.

For products in stock, if a product is out of stock before you place your order, the 'Out of Stock' signal will be displayed on the website www.kubii.com.

The website www.kubii.com specifies :

  • - Essential product characteristics: description, technical specifications,
  • - Financial conditions: prices including taxes, possible participation in shipping and delivery costs,
  • - Delivery terms: delivery of a product by postal service or through a means of transportation,
  • - Indicative delivery date,
  • - Warranties and after-sales services.

It is your responsibility to inquire with the local authority of your country about any potential import or usage limitations for the products you intend to order.

The information given in catalogues, notices, price lists or other documents is for guidance only and is not binding on the seller. Unless otherwise specified, the products marketed by the seller originate from the factory and are sold as is without transformation. The photos supplied are non-contractual.

2.2 - Order Placement

Product orders are placed either directly on the kubii.com website or by formalising Special Conditions (e.g., purchase orders, quotes, etc.), which constitute acceptance of these General Terms and Conditions of Sale.

Before any online order, the customer must log in to their 'customer account,' previously created with a login and password allowing secure access. The customer must compulsorily complete, on their customer account, information regarding the ordered product, the contact email address, the delivery address, the delivery method, and payment information. Any order can be modified by the customer before the final 'click' of validation. Once the order is validated by the customer, no modifications can take place.

The customer is responsible for the accuracy of the information provided to KUBII and must keep it up to date. The customer must inform KUBII immediately of any errors found.

2.3 - Formation of the Contract

2.3.1 Online orders : order confirmation

In the case of online orders, the contract will only be concluded upon receipt of the confirmation email from KUBII.

Upon receiving your order and its payment, we verify the availability of the ordered product(s).

The confirmation of your order will be sent to you by email with the indicative delivery date.

If the product is unavailable after your order is placed, we will inform you by email that your order cannot be confirmed by the company KUBII in its current state, specifying the product's availability date, and offering either an additional time for the order, an equivalent product, or a refund.

In the absence of receipt of the full payment, the order cannot be confirmed by the company KUBII.

The company KUBII reserves the right to refuse an order that appears abnormal or incomplete, in case of a dispute over a previous order, in cases of bad faith or fraud by the customer.

2.3.2 Offline orders : order confirmation

For orders placed outside the website, the company KUBII must validate the purchase order or the quote formalised by the customer.

Consequently, the contract is formed on the day of the order confirmation by email from the company KUBII, which will verify your solvency and the availability of the ordered products.

If the product is unavailable after your order is placed, the company KUBII will inform you by email and specify the product's availability date, offering either an additional time for the order, an equivalent product, or a refund.

The formation of a contract entitles the customer to be invoiced for all services rendered if the order is cancelled or terminated.

Article 3 : Prices, Invoicing, Payment Terms, Delays

3.1 - Prices

For online orders, prices are indicated on the website www.kubii.com in euros, after taxes, excluding taxes or including VAT for deliveries in France.

The amount of delivery charges is calculated based on each order and is displayed on the summary of your order before your final validation.

For offline orders, prices are expressed as after taxes in euros, excluding taxes (HT) or including VAT for deliveries in France.

Prices are subject to the applicable taxes on the day of invoicing.The prices charged are those of the price list applicable on the day of the order, mentioned on the quotation, the order form or any other Special Conditions. Unless in exceptional cases, prices include delivery charges.

KUBII does not communicate any price list, which must remain confidential between you and KUBII. Therefore, rates are determined based on the specific services outlined in the Special Conditions, which cannot serve as a basis for another order. The special conditions take account of any price reductions linked in particular to the nature of the services and their volume.

In exceptional circumstances, prices may be quoted in dollars.

For deliveries outside France, the provisions of the General Tax Code relating to VAT apply.

We inform you that any order delivered outside mainland France may be subject to local taxes, customs duties and other charges, which you will have to pay in addition to the agreed price.

3.2 - Invoicing

Invoices are established based on prices excluding taxes.They are increased by all duties, taxes and fees to which the service is subject, as well as packaging and delivery costs and any additional correction costs. Once an invoice includes the information contained in the special conditions, it cannot be contested by the customer. 

In the event of an accepted invoice modification by the company KUBII, the due date for the invoice remains that of the original invoice. The modification will be subject to a charge of €20 excluding taxes.

Invoices are sent to the customer exclusively via email or through the CHORUS platform.

3.3 - Terms and conditions of payment

Payment can be made by credit/debit card, bank transfer, or through the Chorus Pro platform. 

Invoices are due immediately upon receipt, without any discount or rebate, unless otherwise agreed upon in writing between you and the company KUBII.

Payment is not considered complete until the amounts owed are actually collected.

You guarantee to the company KUBII that you have all the required authorizations to use the chosen payment method.

Payment by credit/debit card is secure, and your order will be recorded and validated as soon as the bank accepts your payment. 

The details of your credit/debit card are encrypted using the SSL (Secure Socket Layer) protocol.

As KUBII does not have access to your bank details, which are not recorded, you will need to enter these details each time you place a new order on our site.

KUBII reserves the right to make the acceptance and/or execution of the order subject to the provision of satisfactory financial guarantees, such as the payment of a deposit or the cash payment of the service before any start of execution of the service, in particular in the event of a payment incident concerning another order. Consequently, KUBII may suspend or terminate the contract if your financial guarantees are not satisfactory.

3.4 - Late Payment and Late Payment Penalties

Any unpaid amount identified 8 days after the receipt of the invoice automatically triggers the application of late payment penalties, equal to the rate applied by the European Central Bank in its latest financing operation, plus 10 points, starting from the day following the due date. These penalties are automatically due, without prior notice, in addition to any potential claims for damages and interest.

In case of late payment, a flat-rate compensation of €40 per unpaid invoice will be automatically due, without prior notice (Art. L. 441-10 II and D. 441-5 of the commercial code). Furthermore, you shall settle with the company KUBII all amicable and legal recovery costs (bailiff, legal proceedings, lawyer, etc.) undertaken to facilitate the recovery of the claim.

KUBII is entitled to allocate payments first to cover the costs of reminders and legal or judicial recovery, then to cover the accrued late payment interest, and finally to the remaining outstanding principal.

In the event of a payment incident on an ongoing or past order not regularised before delivery, the company KUBII will be unable to proceed with the delivery of the order until the effective and complete payment of the order.

In case of late payment or if reasonable doubts regarding the customer's solvency arise, KUBII shall be entitled to declare all outstanding sums immediately due, to request advance payments or guarantees or to terminate the contract.


Article 4 : Retention of title and transfer of risks

The company KUBII retains ownership of the order and its accessories until the full payment of the price. 

In the event of non-payment, you must return the unpaid order at your own expense, risks, and perils, within 8 days after receipt of an unsuccessful letter of formal notice.

The risks related to the ordered products are transferred to you on the day of their shipment.

Article 5 : Delivery of products

5.1 - Terms of delivery

The delivery is made to the front door, by postal services or one of our carriers.

The products are delivered to the delivery address you provided during the ordering process.

In the event of an error in the recipient's address details, the company KUBII cannot be held responsible for the inability to deliver the product.

Preparation and dispatch costs are always clearly indicated when you place your order.

5.2 - Delivery times

The delivery times contractually agreed upon are estimated and purely indicative. Therefore, the responsibility of the company KUBII cannot be invoked in the event of non-compliance with these deadlines.

These deadlines are expressed in business days, which are understood to be from Monday to Friday excluding public holidays, during the opening hours of the company KUBII and start from the completion of the order, i.e., upon receipt by the company KUBII of all the elements enabling it to fulfil its service, provided that they are exploitable..

If the customer refuses to accept the order on the day of delivery, the company KUBII will store the order for a period of 30 days upon your payment of a fee of 15% of the order price, plus VAT and any additional compensation for the damages incurred.

At the end of this period, the company KUBII may, without prior formality, proceed with the destruction of the order at the customer's expense, and the customer cannot claim any compensation.

The company KUBII cannot be held responsible for the non-delivery of the product even if it has been dispatched, as the risks are transferred to you on the day of product dispatch. In this case, it will be necessary to seek the liability of the carrier.

5.3 - Receipt of products and apparent condition

Upon receiving the products :

  • - You must check the apparent condition of the delivered products before signing the carrier's delivery note,
  • - You must indicate on the delivery note, in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (e.g., damaged product, missing product, breakage, etc.). This verification is considered done as soon as you or a person authorised by you signs the delivery note,
  • - If you observe that the products are damaged, you must refuse the package and note a reservation on the delivery slip (package refused because it is open or damaged),
  • - If the original packaging is damaged, torn, or open, you must then check the condition of the items. If they have been damaged, you must refuse the package and note a reservation on the delivery note (package refused because it is open or damaged).
  • - You must notify us by email ([email protected]) and by registered letter with acknowledgement of receipt (LRAR) of any anomalies, as well as your intention to return the delivered product on which the anomaly is observed, no later than 3 business days following the receipt of the item(s). Please send your reservations and any supporting documents for the observed anomalies (photographs, notes on the delivery slip, invoice, etc.). Any claim made outside of this timeframe cannot be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions). No product accepted upon delivery can be returned without the prior agreement of the company KUBII.
  • - You must confirm your reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier no later than 3 business days following the receipt of the item(s) and provide a copy of this letter to the customer service of the company KUBII.

Article 6 : Guarantees

6.1 - Commercial Guarantees

The company KUBII guarantees its products for a period of 24 months.

You have a period of 2 years from the delivery of the ordered product to avail the commercial warranty.

The company KUBII will choose between the repair or replacement of the item.

6.2 - Guarantee against visible defects

The company KUBII is held responsible for visible defects in the delivered products only if you adhere to the conditions specified in articles 5.3 and 6.5 of these General Terms and Conditions of Sale.

6.3 - Guarantee against hidden defects

You benefit from the legal warranty for hidden defects, in accordance with articles 1641 to 1649 of the Code Civil, for a duration of two years from the discovery of the defect. 

You have the option to choose between the exchange of the product affected by the defect with a new product (subject to stock availability), the resolution of the sale, or the retention of the product with a possible reduction in price.

6.4 - Guarantee for defective products

The company KUBII cannot be held responsible for any failure of the manufacturer within the scope of this warranty for the sale of products for which KUBII is not considered the producer as defined in Article 1245-5 of the Code Civil.

When the company KUBII is considered the producer within the meaning of Article 1245-5 of the Code Civil, it will be liable for damage caused by a defect in its product if you demonstrate the damage, the defect, and the causal relationship between the defect and the damage, except in cases provided for in Article 1245-10 of the Code Civil.

A product is considered to be defective when it does not provide the safety that one is legitimately entitled to expect.

6.5 - Warranty conditions and exclusions

The warranties apply only if you demonstrate that the defect or flaw existed at the time of the transfer of risks.

Warranties can only be applied in the case of a duly justified and documented complaint made by the customer by registered letter with acknowledgment of receipt within the legal and contractual deadlines.

The purchase invoice must be transmitted imperatively.

Minor differences between the ordered product and the delivered product are insignificant defects that are accepted by the customer and cannot be the subject of a complaint.

Notification of defects observed by the customer does not entitle to a partial or total withholding of the invoice amount.

Upon receiving our agreement regarding the product return, you have 7 working days to return the product to the address that will have been previously indicated. The costs and risks of the return are at your expense.

The product must be returned in its original packaging, in perfect condition, and accompanied by all original accessories.

After this 7-day period, your return will be refused. The return must be made with a tracked package through postal services. We decline any responsibility in case the package does not reach us.

Regarding the returned product, it will be refunded or exchanged according to your request and the available stocks. If a refund is to be made, it will be done as soon as possible.

Any product returned without our agreement cannot lead to a refund or exchange of goods.

Warranties cannot be implemented in case of fault on your part or in case of acceptance of risks knowingly and in writing.

For instance, if the product has been damaged or only partially returned, we cannot process any exchanges or refunds.

The liability of the company KUBII is limited to the exclusive tax price of the concerned merchandise. Defects resulting from improper assembly or abnormal use or negligence of the consumer are excluded from any warranty. Any use of our products that does not comply with the instructions provided in the user manual completely releases our liability.

Also excluded from any warranty are :

  • - Failures resulting from the modification of the original construction and characteristics of the device,
  • - Failures affecting parts that do not conform to those recommended by the manufacturer,
  • - The contents of the devices. The term "contents of the devices" refers not to the components of the devices but to the products that could, for example, be stored in a refrigerator, a freezer, etc.,
  • - Adjustments accessible to the user without dismantling the device,
  • - Costs of commissioning, adjustment, cleaning, and tests not resulting from a covered damage,
  • - Non-compliance with the manufacturer's instructions and use for professional or commercial purposes,
  • - Any damage or repairs to the device that occur after being serviced by an unauthorised repairer will not be covered by the manufacturer's warranty.
  • - Temporary or makeshift repairs, as well as the consequences of any worsening of the damage resulting from them,
  • - Damages due to corrosion, improper connection, or power supply issues,
  • - Damages due to a power supply problem, meaning not an internal power supply problem within the product but external to it. For example, if there is a connection to a defective outlet, the warranty will not apply.

Article 7 : Modification / suspension / termination

Any modification to the order must receive written acceptance from the company KUBII.

In the absence of written acceptance from the company KUBII, the contract is deemed to continue according to the terms and conditions determined by the initial order. Modifications accepted by the company KUBII may lead to a modification of the initially agreed-upon price.

If the product is out of stock (KUBII stock or supplier) after the regularisation of the contract, the company KUBII may propose a written modification of the contract (such as changing the expected delivery date until product replenishment or offering a similar product) or the resolution or termination of the contract without compensation at the initiative of either party by registered letter with acknowledgment of receipt.

In this case, the termination or resolution of the contract will take effect on the day of receiving the registered letter. In the event of contract resolution, the company KUBII undertakes to refund you within 14 days from the date of contract resolution.

If you terminate the contract before the shipment of the product by the company KUBII, except in cases of product exhaustion, you may be required to pay compensation of 30% excluding tax of the total order amount, in addition to the already incurred expenses. The termination must be made by registered letter with acknowledgment of receipt and will take effect 48 hours after the company KUBII receives the registered letter of notification.

No termination of the contract can occur after the shipment of the product, except in cases of gross misconduct.

In the event of gross misconduct by either party, the injured party may terminate the contract after sending a notice letter by registered mail with acknowledgment of receipt, which remains unsuccessful for 15 days from its receipt.

Considered as gross misconduct is the delay or default in payment, the failure to transmit information by the customer, the non-shipment of the product, or a delivery delay exceeding 45 days, despite a written complaint from the customer.

In the case of late payment, default in payment, insolvency risk of the customer, or the absence of transmission of necessary elements and information for the execution of the contract by the customer, or if such elements are illegal, illicit, harmful, or defamatory, the company KUBII may automatically suspend the relevant order and all ongoing orders, without compensation for the customer.

Article 8 : Obligations and liabilities

8.1 - KUBII's obligations and limitation of liability

The company KUBII undertakes to implement the necessary means for the realisation of the services agreed upon in the contract and to carry out its mission in accordance with professional standards and the regulations in force.

The products sold comply with the regulations and standards in force in France and/or in the European Union at the date of their delivery.

KUBII holds professional liability insurance, proof of which is available on request.

The company KUBII reserves the right to interrupt the service at any time and temporarily in case of non-payment or other breaches of these General Terms and Conditions (CGV).

The responsibility of the company KUBII cannot be engaged in the event of non-performance or improper performance of your contractual obligations.

The responsibility of the company KUBII cannot be engaged if it refuses to execute an order contrary to the law, public order, or ethics.

The company KUBII cannot be held responsible for any damages that may result from the use of the internet network, such as, in particular, data loss, intrusion, viruses, service suspension, fraudulent use of a credit card.

The company KUBII cannot be held responsible for supply problems or store stock management. In such a case, the company KUBII will make new product proposals or proceed with the resolution of the order.

The company KUBII cannot have its responsibility engaged in the event of non-delivery of the product even though it has proceeded with its shipment, as the risks are transferred to you on the day of the product's shipment. In this case, the responsibility of the carrier should be sought.

The responsibility of the company KUBII cannot be engaged in the event of misuse, negligence, or lack of maintenance on your part, in the case of normal wear and tear of the product, an accident, or force majeure.

The responsibility of the company KUBII is excluded for any damage resulting from the use of the product not in accordance with its intended purpose and in case of inadequacy of the product with the use made by you.

The responsibility of the company KUBII is limited to the material, foreseeable, and direct damages that you suffer. Consequently, all indirect damages cannot give rise to compensation.

The responsibility of the company KUBII arising from the contractual relationship with you, whatever the reason (tort, contractual, other), is limited to the total amount of the invoice related to the damage.

8.2 - Customer obligations

You undertake to provide the company KUBII with all the necessary information for the completion of the sale of products, especially regarding your identity, email address, delivery address with any access codes, and the day of delivery, the chosen product(s), and their quantity.

As a result, you are solely responsible for the information you provide to the company KUBII and its completeness, and you bear all technical, economic, and legal consequences in the event of inaccurate or missing information. The choice to purchase a product is entirely your responsibility. The total or partial inability to use the products, especially due to equipment incompatibility, does not entitle you to any compensation, refund, or holding the company KUBII responsible, except in the case of proven hidden defects or faults.

You are solely responsible for protecting the username and password you have chosen for creating your account on the website, and you will bear the consequences of any third-party use.

You commit to using the ordered product following the manufacturer's instructions in the user manual, as well as performing the necessary maintenance recommended by the manufacturer to ensure its proper functioning. You must keep the invoice, original packaging, and all manuals and accessories related to the purchased product.

For any exported purchase, you must verify the specific regulations in force in the concerned country, including taxes, declarations, prohibitions.

The responsibility of the company KUBII cannot be engaged in case of non-compliance with the legislation of the country to which the product is delivered. It is your responsibility to check with local authorities regarding the possibilities of importing or using the products and services.

Article 9 : Force majeure

The company KUBII can release itself from its contractual obligations towards you or suspend their execution without compensation in the event of force majeure.

Force majeure is defined as any event beyond the control of the debtor, which could not have been reasonably foreseen at the time of contract formation, and whose effects cannot be avoided by appropriate measures, preventing the debtor from fulfilling their obligation, in accordance with Article 1218 of the Civil Code.

Article 10 : Intellectual property

All elements of the website kubii.com, commercial, technical, and administrative documentation of the company KUBII (photographs, illustrations, videos, pictograms, descriptions,  logos,  trademarks,  corporate name, trade name, domain name, software, etc.) are and remain the intellectual property and exclusive ownership of the company KUBII.

The reproduction, representation, exploitation, rebroadcasting, or use in any manner, even partially, of the elements of intellectual property, whether software, visual, or auditory, is subject to the express and prior authorization of the company KUBII, the holder of all intellectual property rights.

This contract does not constitute a transfer of intellectual property rights.

All documents provided by the company KUBII are intended for your professional use, prohibiting any reproduction, partial or total assignment, whether for consideration or free of charge, of these documents.

Article 11 : Severability and waiver clause

The failure of the company KUBII or the Customer to enforce the provisions of these General Terms and Conditions (GTC) could in no way be considered a waiver of these provisions, nor affect the validity of the contract and GTC in any manner. The same applies if one of the parties does not invoke any of the clauses in these GTC.

If a provision of the contract, including these GTC, is or becomes legally ineffective, invalid, and/or void or unenforceable, the validity of the other provisions will not be affected.

Article 12 : KUBII protects your personal data

Any correspondence between you and the company KUBII must mention the order number. All contractual information between you and the company KUBII must comply with the requirement of written form.

In the context of their contractual relationship, the parties hereto undertake to comply with the applicable regulations for the processing of personal data (DCP), and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), applicable from May 25, 2018.

All your personal data collected by the company KUBII may be used for the execution of the contract, to send commercial prospecting letters and emails, newsletters, promotional offers, and/or information on special sales unless you have informed us in writing that you do not wish to receive such communications.

The personal data collected by the company KUBII is subject to processing and will remain strictly confidential. They will not, under any circumstances, be sold, given, or rented to third parties without your prior consent, except to allow the execution of the contract (e.g., carrier, subcontractor, supplier) or in case of a legal or judicial obligation requiring it to do so.

EBy placing an order, you acknowledge having been informed that your personal data may be transmitted to the third party Avis Vérifiés for the purpose of collecting your opinion following your order. Avis Vérifiés will use your Personal Data exclusively within the framework of its Solution and for its sole needs. Avis Vérifiés formally refrains from disclosing to anyone personal or nominative information allowing the identification of the Consumer or infringing upon the respect of their privacy.

If any provision of the contract, including these GTC, is or becomes legally ineffective, invalid and/or void or unenforceable, this shall not affect the validity of the remaining provisions.

You have the option to object to the dissemination of this information to Avis Vérifiés via the following address: [email protected]

In accordance with the Data Protection Act of January 6, 1978, and the General Data Protection Regulation (RGPD), the company KUBII undertakes to take all necessary precautions to preserve the security, integrity, and confidentiality of your personal data. The company KUBII cannot be held liable under the contract if compliance with the RGPD were to prevent the execution of a service.

The company KUBII undertakes not to transfer personal data outside the EU due to the insufficient level of protection of personal data.

The purpose of the processing of personal data is related to the commercial proposal, the execution of the contract, the management of commercial relations and invoices, the improvement of the quality of the services offered, for the strictly necessary duration for these objectives.

You have the right to access, rectify, delete, oppose, and port your data concerning you upon a simple written and signed request to the following email address: [email protected], indicating your names, first names, address, and customer reference. A response will be sent to you within one month from the receipt of the request. You are informed of your right to appeal to the competent administrative authority if you believe that your rights have not been respected.

Access credentials are strictly personal and confidential and are under your sole responsibility. Any connection/operation made through your credentials is deemed to be done by you. The company KUBII disclaims all responsibility in case of the use of online services by a third party using your personal credentials.

To learn more about the management of your personal data, you can click on this link: https://www.kubii.com/en/content/260-privacy-policy

Article 13 : Subcontracting

You agree that the company KUBII may engage third-party service providers for the performance of services.

Article 14 : Loyalty

You undertake to perform the contract with the utmost loyalty. In particular, you undertake to cooperate actively with KUBII in order to enable the latter to perform the contract properly, in particular by communicating the information and data required to carry out the service.

Article 15 : Advertising / References

Any use of the names and distinctive signs of the company KUBII is subject to its prior explicit agreement.

You authorise the company KUBII to mention your name among the list of its clients, unless you expressly refuse in writing by registered letter with acknowledgment of receipt.

Article 16 : Confidentiality

The parties undertake to respect the general principle of trade secrets and not to disclose the Confidential Information that they may become aware of during their contractual relationship.

When disclosure to a third party is necessary for the execution of the Contract, the latter must be subject to a confidentiality obligation.

The Client also agrees not to use the Confidential Information communicated to them for purposes other than the execution of the Contract, especially for competing, either directly or indirectly, with the company KUBII in an unfair manner.

The commitments of this article will remain in effect for the entire duration of the Contract and for 2 years from the end of the Contract, for any reason whatsoever.

Confidential information refers to all information and data of any nature, including technical, scientific, economic, financial, commercial, audit, know-how, experience, in whatever form, support, or means, including, without limitation, oral, written, or fixed on any medium, exchanged by the Parties under the Contract and the disclosure of which could cause harm to the Party.

Commercial data (prices, financial conditions) and data relating to the Intellectual Property Rights of the company KUBII are considered Confidential Information.

Information that the other Party can materially demonstrate to be :

  • a) already in the public domain before their disclosure or access by it or have become so after their disclosure or access by that Party, without violating the Contract;
  • b) already known by the Party before their disclosure by the other Party, except for those that have already been communicated or to which the Party has already had access, under another confidentiality agreement;
  • c) developed by that Party independently of its access to Confidential Information;
  • d) legally obtained by the Party from a third party not subject to a confidentiality obligation, under circumstances lawfully allowing their use, will not be considered Confidential Information.

Article 17 : Language - Disputes

The present General Terms of Sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of a dispute.

Any dispute between you and the company KUBII arising from the contractual relationship or in connection with it is exclusively subject to French law..

Seuls les tribunaux dépendant du siège social de la société KUBII seront compétents.

Only the courts under the jurisdiction of the registered office of the company KUBII will be competent.

Article 18 : How to contact us

To contact the Customer Service of Kubii, you have three options :

  • - By email through our contact form,
  • - By postal mail: KUBII, customer Service, 46-48 Chemin de la Bruyère, 69570 Dardilly,
  • - By phone: (+33) 09 72 62 43 30

Attention : to optimise the processing of your requests, please specify after the mention "Customer Service" the purpose of your letter :

  • - Deregistrations
  • - Refunds
  • - Supporting documents
  • - Information request
  • - Carriers

In your letter, please also provide your name, first name, email, and order number.