The boxem-audio.eu website is the property of boXem s.à.r.l, a limited liability company located at 12 rue de la paix, L- 3871 Schifflange, registered in the Luxembourg Trade and Companies Register under the number B228959.
Intracom TVA N° : LU30760521
Responsible for the publication : Frédéric JACQUOT
boXem s.à.r.l. carries out its activities in accordance with the establishment authorizations n° 10092664/0 and 10092664/2 issued by the Ministry of Economy.
The site is hosted by :
1&1 IONOS SARL
7, place de la Gare
57201 Sarreguemines Cedex
GENERAL CONDITIONS - October 2020
Please read carefully all of the provisions below that govern the use of the Site and the sale of products between a Buyer and boXem. (hereinafter referred to as the "Terms and Conditions").
By accessing the Site, you become a User of the Site and agree to be bound by these Terms and Conditions. By ordering with boXem, you become a Buyer and you accept without reservation the General Terms and Conditions of Sale.
Site: website accessible through the link www.boxem-audio.eu, its extensions or any other site that could replace it
User: any person accessing the Site, the pages contained therein, the products, services and information, tools and documents contained and/or described in the Site.
Products: all the products offered for sale on the Site.
Account : Account created by a User on the Site and in which he records his personal data in order to facilitate his Orders on the Site and track their delivery.
Service: in the case of an e-commerce site, the Service corresponds to the purchase of the Products presented on the Site.
Purchasers: any person with legal capacity to contract.
Guest Buyer: Buyer who places an order without creating an Account.
boXem : boXem s.à.r.l, a limited liability company with registered office at 12 rue de la paix, L- 3871 Schifflange, registered with the Luxembourg Trade and Companies Register under the number B228959.
Order: any order of Products placed by a Buyer on the Site.
B.General terms and conditions of use
1.Use of the Site
1.1. Access to the Site is free and gives you a private and non-exclusive right to use the content of the Site.
The right to reproduce is only for the purpose of representation on a single-user screen and is strictly reserved for your private use. If you wish to make commercial use of the information on this site, you must request our express agreement. To do so, you can contact us by clicking here.
1.2. You may not use the Site in any manner that causes or is likely to cause interruption, damage, or alteration of the Site, for fraudulent purposes, or in connection with illegal activity, or for the purpose of causing annoyance or harm to others.
1.3. We reserve the right to modify, suspend or terminate the operation of the Site or to remove any functionality at any time and without justification.
2.Use of the Service
2.1 If you purchase a Product on the Site, by creating a user account or not, you are responsible for the validity and completeness of the information you have provided us with, and must inform us of any changes to this information. You are also responsible for restricting access to your various terminals (computer, telephone or any other equipment).
2.2 If you create a User account, you are responsible for maintaining the confidentiality of your login and password. You must take all necessary steps to ensure that your password remains confidential and secure, and must notify us immediately if you have reason to believe that your password is known to someone else, or if the password is being used or is likely to be used in an unauthorized manner. Unless otherwise required by law, you are responsible for all activities that occur under your account.
2.3 You can cancel your account at any time without any reason and without penalties by sending us an email.
3.1 With the exception of sites with the following content:
- illegal content,
- a User may create a hypertext link on a site to the Site.
boXem S.à r.l however reserves the right to oppose and disclaims any responsibility for the information contained in these sites that could be linked to its own.
3.2 Conversely, hypertext links contained on the Site may refer to other Internet sites, regardless of the means used.
Insofar as no control is exercised over these external resources, the User acknowledges that boXem does not assume any responsibility for the availability of these resources, and cannot be held liable for their content.
C.General terms and conditions of sale
1.Description of the products
All Product photographs are provided for illustrative purposes. The Purchaser is invited to refer to the description of each Product to know its essential characteristics. In case of doubt or need for additional information, please contact us.
2.1 If you wish to purchase one or more Products appearing on the Site, you must select each Product you wish to purchase and add it to your shopping cart. Once you have selected all the Products you wish to purchase, you can confirm the contents of your basket and place the Order.
2.2 At this stage, you will be redirected to a page summarizing the details of the products you have selected, their price and the cost of delivery on Luxembourg territory. You will then have the possibility to continue your purchase as a guest or by logging into your account.
If you order as a Guest Buyer, it will be necessary to provide us with the delivery address. You will then be informed of the corresponding delivery costs.
If you order via your user account, the delivery costs will be calculated on the basis of the delivery address registered in your account.
2.3 Finally, you will have to proceed to the payment of the order.
2.4 The Order shall not be final until full payment of the corresponding price has been received. We will systematically confirm the Order, then its shipment by mail or e-mail.
3.1 The price of each Product is indicated in euros, including all taxes (value added tax and other possible taxes applicable at the date of the order), excluding delivery costs. The amounts of delivery charges are detailed on the "Delivery" page of the Site and boXem reserves the right to choose the means of transport.
Orders are payable in euros only.
3.2 boXem reserves the right to modify the price of each Product at any time. The applicable pricing conditions are then those in force on the Site on the date of the Purchaser's Order.
4.1 Except in exceptional cases, each Product goes into production after validation of the Order.
4.2 Subject to an Order not exceeding 5 Products, the manufacturing lead time is 2 weeks after receipt of payment, excluding shipping time.
boXem is bound by an obligation of means with respect to the respect of manufacturing lead times and although it makes its best efforts, delays cannot be excluded. In such a case, the Buyer will be informed as soon as possible. If the delay announced is more than 15 clear days, the Buyer will have the possibility to cancel his Order and the expenses incurred will be refunded.
4.3 For orders exceeding 5 products, we recommend that you contact us so that we can inform you of the manufacturing delays. If the Purchaser prefers to proceed with the Order without first contacting us, the Purchaser understands that the manufacturing delays mentioned above are not applicable and that he does not have the option to cancel his Order as provided for in point 4.2 above.
5.Mode of delivery
5.1 The Products are delivered by post, to the address mentioned at the time of the Order via the service provider of boXem's choice.
5.2 In the event that the Buyer requests a particular means of delivery, this will be subject to a separate agreement and invoicing.
6.Reception of products / damaged products
6.1 The Buyer shall take all necessary measures to receive the Product in the best possible conditions.
6.2 When the Buyer receives the Product in person, the Buyer must refuse delivery of any visibly damaged packaging and inform boXem.
6.3 The Buyer has a period of two clear days from receipt of the Product to inform boXem of any reservations (damaged packaging when the Buyer has not personally received the Product, missing Product, damaged Product, etc.).
6.4 The costs of returning damaged Products are borne by boXem. Upon receipt of the damaged Product, boXem will choose, at its discretion, the repair or exchange.
7.Right of Withdrawal
7.1 In accordance with the legal provisions in force, the Buyer has a period of 14 clear days from receipt of the Product(s) ordered to exercise its right of withdrawal, without having to justify its reasons or pay any penalty.
7.2 The Buyer with a User Account can activate his good return directly via his account. To do so :
- The Purchaser must make a return request from the "details" page available from the order history.
- When the return request is accepted, the Buyer will receive an update by email.
- The return form is then accessible from the page "product returns".
- The buyer sends the returned product in its original packaging to the address indicated on the return form, enclosing the said form inside the package.
The Buyer having placed an order as a guest will have to assert his right of retraction by sending us his request at the following address: firstname.lastname@example.org.
7.3 The costs of return are and remain entirely the responsibility of the Buyer.
7.4 Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) in packaging identical to that used during shipment. Returns must also be accompanied by a proof of purchase, a copy of the invoice or the purchase delivery note for an optimized management.
7.5 Any Product that has been the subject of a retraction is returned to boXem at the latest within 10 working days following the communication by the Buyer of his decision to retract.
Any Product returned by the Buyer after this deadline, damaged, soiled or incomplete (lack of original packaging, missing parts, etc...) will not be refunded.
7.6 The refund of the returned Product(s), according to the methods described in points 7.2 to 7.5, will be made no later than 15 clear days after receipt of the returned Product.
boXem will make this refund using the same payment method used by the Customer for the payment of the order concerned.
8.Method of payment
8.1 Payment of the full price is made at the time of the Order.
8.2 Payment for the Products is made by credit card, online credit card (Visa, Mastercard, American Express), Paypal or bank transfer.
In the case of payment by credit card or bank card, after having selected the card of his choice, the client enters the number of his bank card, its expiration date as well as the last three numbers appearing on the back of his card. The customer guarantees that he has the necessary authorizations to use the payment method chosen at the time of order validation.
8.3 Any payment incident will result in the automatic cancellation of the order.
8.4 No order will be confirmed, and no manufacturing will be started before receipt of full payment from the buyer.
The Site is subject to a security system thanks to the SSL encryption process.
10.1 In accordance with the legal provisions in force, boXem will be liable to consumers for defects of conformity appearing on the product for 2 years from delivery.
boXem undertakes to repair or replace the Product recognized as defective by its services according to the choice of the Buyer. If the repair or replacement is impossible or causes disproportionate costs, boXem will proceed to the refund of the Product.
10.2 In order to be admissible, the implementation of the warranty implies the submission, by the Buyer, of the Product as well as the purchase invoice.
Repaired or exchanged Products benefit from the warranty for the remaining period of time.
The Purchaser must activate the warranty by sending us his request at the following address: email@example.com.
10.3 The legal warranty does not cover :
- defects and their consequences related to abnormal or non-conforming use of the Products, for example poor installation or lack of maintenance. In this respect, we invite you to carefully consult the instructions for use provided with the Products,
- damage to the Product resulting from unauthorized intervention on the Product by the Purchaser or a third party, disassembly, modification and/or unauthorized personalization of the Product.
- damage to the Product resulting from external events such as accidents, shocks, fires, acts of vandalism, water damage, natural disasters or bad weather.
10.4 The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 7.
1. Limitation of liability
1.1 boXem S.à r.l.m. makes every effort to provide Users with tools that are available 24 hours a day, 7 days a week. However, boXem S.à r.l. is not bound by any obligation of result and cannot guarantee Users the uninterrupted availability of these tools.
1.2 boXem S.à r.l reserves the right to suspend, interrupt or limit access to all or part of the Site without prior notice, in particular for maintenance and updates necessary for the proper functioning of the Site and related materials, or for any other reason, particularly technical.
1.3 As a User of the Site, it is your responsibility to take all appropriate measures to protect your own data and/or software from contamination by any viruses circulating on the Internet.
Consequently, boXem S.à r.l cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a service interruption, external intrusion or the presence of computer viruses.
1.4 The Products offered for sale on the Site are not intended for professional use. boXem S.à r.l provides the Products only for personal and amateur use. Consequently, boXem shall not be liable for any damages whatsoever resulting from a professional activity.
If the Buyer uses the Products for commercial or resale purposes, boXem shall not be liable to the Buyer for any loss of profits, loss of turnover, business interruption or loss of opportunity. boXem shall not be liable for any indirect damage suffered by the Buyer or third parties as a result of the use of the Products.
1.5 The total or partial inability to use the Products for any reason beyond the control of boXem, including but not limited to the use of incompatible equipment, will not give rise to any compensation, reimbursement or liability of boXem.
2.1 The Site, its general structure, as well as the texts, illustrations, photos, logos, trade names, graphics and any other element disseminated on the site are protected by intellectual property law and are either the exclusive property of boXem s.à.r.l. or the property of one of its business partners. Any reproduction, in whole or in part, in any form whatsoever, requires the express prior consent of boXem s.à.r.l.
3.Personal data - cookies
3.1 You are informed that the use of the Site or the Service involves the processing of your personal data. This is the case, for example, when you use our contact form or make a purchase on the Site.
In this context, boXem acts as data controller.
3.2 boXem also uses functional cookies, i.e. text files deposited on your terminal, which allow the use of the Site or the Service.
3.2 We invite you to consult our information notice relating to the processing of personal data for more information. This notice is also available via a link accessible at the bottom of each page of the Site.
3.3 boXem informs you that you have the right to access, rectify and delete your data. You have the right to object to their processing or to obtain a limitation thereof. Do not hesitate to contact us for any request in this regard.
Finally, you also have the right to lodge a complaint with the National Commission for Data Protection.
4.Modification of the general terms and conditions
boXem reserves the right to modify these Terms and Conditions at any time. You are subject to the Terms and Conditions in force at the date of your browsing on the Site or at the time you order a Product from us.
The Purchaser will be informed of the new Terms and Conditions at the time of his next Order and will be able to consult them at any time on the Site.
Any Order placed on the Site after the coming into force of the new version of the General Terms and Conditions will imply full and complete acceptance thereof.
Users who do not wish their contractual relations to be governed by the new version of the General Terms and Conditions, and more specifically by the General Terms and Conditions of Sale, must cease using the Services.
If one or more clauses of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other clauses will retain their full force and scope.
6.Applicable law - settlement of disputes
These General Conditions are governed by Luxembourg law.
The language of this contract is French or English, depending on your choice of navigation. In the event of a dispute concerning the interpretation of one or more clauses of the present General Conditions, the French language will be authoritative.
The European Commission provides an online dispute resolution platform which you can access here: ec.europa.eu/consumers/odr/.
Subject to the application of public policy provisions, any dispute arising from the use of the Site or the General Terms and Conditions shall be subject to the exclusive jurisdiction of the Luxembourg courts. Nevertheless, the User and boXem agree to use their best efforts to settle the dispute amicably.