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Agreement to Terms and Conditions


General (part I)


Welcome to BioBox! We are a membership service that provides our members with a broad selection of flavorful, unique food through biobox.lu (the “Site”) and delivered directly via post or otherwise (collectively, with all other services provided through the Site, “Services”). This website www.biobox.lu is operated by BioBox s.à.r.l.s. Throughout the website, the terms “we”, “us” and “our” refer to BioBox. We offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We are a company registered in Grand Duchy of Luxembourg (company number B 212686), our VAT number is LU29179654 and our registered office and address for correspondence is:


BioBox S.A.R.L.S

19, rue Tattenberg

L-3569 Dudelange

info@biobox.lu


General (part II)


By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. No final order can be processed if the customer has not previously accepted the terms and conditions by checking the provided box at the checkout. Any new features or tools, which are added to the current store, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on CrateJoy (www.cratejoy.com). They provide us with the online e-commerce platform that allows us to sell our products and services to you.

If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services.

1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you agree that by using this website and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. To place an order with us, you must create an account by registering on our website. To register, you must provide your full name, a current and valid email address, a mobile phone number, a delivery address, and your payment details. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 - ACCURACY AND COMPLETENESS

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4 - MODIFICATIONS

Prices shown on the site biobox.lu include VAT. There are no delivery costs within Luxembourg. We charge extra delivery fees for other European country. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Except for display errors, we guarantee the prices shown on our website. Biobox cannot be held responsible for any display error.

5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. By purchasing a monthly BioBox subscription, you are consenting to a recurring purchase that will charge you every month. Payment is taken a month in advance, on the 30th or 31st of the month (or on the 28th of the February month, if the actually month is February). Your subscription will be automatically extended for successive monthly periods, at the original subscription rate, removing any one-off discounts. These terms apply for both regular and gift subscriptions. Cancellation terms can be found further down in our Terms. By purchasing an annual BioBox subscription, you are consenting to a recurring purchase that will charge you annually unless cancelled. Your subscription will be automatically extended for successive annual periods, at the original subscription rate, removing any one-off discounts. These terms apply for both regular and gift subscriptions. Cancellation terms can be found further down in our Terms. If a subscription renewal fails, this may be due to a number of reasons. Any payment information that you have changed may affect the payment, or it may be due to insufficient funds on the card you have registered for payment. We will retry payment every day for 10 days, after which if payment is still unsuccessful we will cancel your subscription and any pending shipments. Delivery of BioBox is at the second week (between the 18th and 23rd) of each month. We aim to dispatch boxes within these dates, however we cannot guarantee that this will always be the case and there may sometimes be delays in delivering some boxes. Note1: We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Note 2: For food safety reasons we are unable to accept any returns once the package has left the BioBox warehouse. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6 - BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, mobile phone number and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

7 – FUTURE SERVICE

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

8 – THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 - Intellectual property rights

BioBox s.à.r.l.s is the owner or the licensee of all intellectual property rights in this site (biobox.lu), whether registered or unregistered, and in the material published on it. Copyright laws protect these works and all such rights are reserved. The customer may print off one copy, and may download extracts, of any pages from our site for the customer personal reference. The customer must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.

11 - PERSONAL INFORMATION PRIVACY

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, email address and phone number. When you browse our store, we also automatically receive your computer’s Internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing: With your permission, we may send you emails about our store, new products and other updates.

11.1. DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

11.2. CRATEJOY

Our store is hosted on Cratejoy. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Cratejoy’s data storage, databases and the general Cratejoy application. For more insight, you may also want to read Cratejoy’s Terms of Service or Privacy Statement.

11.3. THIRD PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information.

11.4. SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

11.5. CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If BioBox is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall BioBox, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless BioBox and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

17 - GOVERNING LAW

Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of the Grand Duchy of Luxembourg. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.

18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

19 – CANCELLATION

Members can cancel their BioBox subscription at any time. This can be done, by either via account settings, which will be effective immediately, or via an email to info@biobox.lu, which will be effective from when we receive and read the email. Sufficient details must also be supplied to identify your account. You must give us a cancellation notice of at least 3 days prior to your scheduled billing date. If we receive the cancellation notice after or within 3 days prior to your scheduled billing date, the cancellation of your order will come into action the following month. There are no cancellation fees.
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