Terms of Sales

1. COMPANY IDENTITY

BOKS SAS

Whose headquarters is located at 17 rue Robert Borios – 31000 Toulouse,

To the Share Capital of 1058 euros

Registered in the TOULOUSE Trade and Companies Register, under SIRET number 833 364 318 00018

2. SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE

These General Conditions of Sale aim to (a) inform any potential customer (“Customer”) of the general conditions under which BOKS, the seller, markets and delivers the products ordered from it (b) outline the rights and obligations of the parties in the context of the sale of the seller's products and services to the Customer.

They apply, without restriction or reservation, to all orders for products or services provided by BOKS via its website (https://www.boks.app) or more generally via any URL address or any administered website. ) by BOKS or within the boks.app domain.

Please read these General Conditions of Sale (“CGV”) carefully.

BOKS reserves the right to modify these General Conditions of Sale at any time.

3. PRICE

The purpose of these General Terms and Conditions is to establish the contractual provisions relating to the respective rights and obligations of the Direct User and the Operator in the context of the use of the BOKS Solution.

The prices of the products and services offered by BOKS are expressed in euros, excluding delivery costs. Delivery costs are indicated before the order is registered and are subject to separate invoicing. Their amount depends on the destination of the order.

Prices include value added tax (VAT) at the rate in effect on the day the order is placed. Any change in VAT rate will be automatically reflected in the price by BOKS on its website.

BOKS reserves the right to modify the price of the products offered on its website at any time. Your billing will be based on the prices displayed on the BOKS website at the time your order is registered.

4. PRODUCT FEATURES

The products offered for sale are individual lockers as part of the “Boks One” offer, intended for anyone living in a home and wishing to equip themselves with one or more lockers, by becoming their owner.

Under article L 111-1 of the Consumer Code, you are invited, before placing an order, to consult the BOKS website, www.boks.app, to find out the basic characteristics of the products you would like to order.

The photos, graphic representations or descriptions of the products displayed on the website are provided for commercial purposes, but for informational purposes only, and are not contractual. BOKS cannot be held liable in this respect under any circumstances.

5. FEATURES OF THE SERVICES

The services offered for sale are subscriptions, as part of the “Boks Hub” offer, the characteristics of which are defined in the T&Cs.

6. ORDER

When you place an order on the BOKS website, you acknowledge (i) that you accept, without restriction or prejudice, these General Terms and Conditions, (ii) that you have read them before placing the order, (iii) that you have full legal capacity to bind you to these General Conditions of Sale, (iv) that you have made an informed decision and have accepted without prejudice the prices and quantities of the products and services offered for sale and ordered and (v) that the Boks products or services that you have purchased on the website or its mobile application are reserved for your strictly personal use.

BOKS reserves the right not to validate your order for any legitimate reason, in particular in the event that:

• Your order does not comply with these General Terms and Conditions;
• The quantities of products ordered do not correspond to normal use by a customer acting as a consumer;
• A dispute relating to the payment of one of your previous orders is currently being processed; And
• Several serious and consistent elements would raise suspicion of fraud on your order.

After validation of your order by BOKS, you will receive an e-mail confirming your order and your invoice at the e-mail address you indicated at the time of ordering. Keep a copy of the contents of these messages.

7. PAYMENT

The following payment methods may be accepted, depending on the region, on the BOKS website or its mobile application: (i) Bank cards, (ii) Stripe, (iii) Paypal, (iv) Google Checkout and (v) Checkout by Amazon.

Payment must be made at the time of ordering. The amounts concerned are neither deposits nor advances. The full amount will be collected at the time of order confirmation.

By using our payment systems, you guarantee to BOKS that you have the necessary authorizations to pay for your order.

In the event of non-receipt of an amount due or payment irregularity, BOKS reserves the right at any time to suspend your subscription or your order.

As a measure to protect against fraud, BOKS reserves the right to require proof of identity for any payment by credit card. As part of the fight against Internet fraud, information concerning your orders may be sent to third parties for verification. If additional verification of billing information is necessary, processing of your order may be delayed.

Please ensure that the information you provide to us, including your billing and shipping addresses, is error-free to avoid any delays in order processing.

8. CHOICE OF PRODUCTS AND SERVICES

By accepting these General Terms and Conditions, you declare that you have read the BOKS products and services and their characteristics. Before placing an order, it is your sole responsibility to (i) choose the products and services subject to your order, according to your needs and (ii) judge the compatibility of the products ordered with those you already use. .

9. DELIVERY

The provisions of articles 9, 10, 11, 12, 13 and 16 only concern Customers who have opted for the “Boks One” offer, i.e. Customers living at home.

The products are delivered to the delivery address that you provided to us when placing your order.

Upon receipt of your order, we ask you to carefully check the condition of the package, its packaging and its contents, in the presence of the transport company's employee.

If you notice the slightest anomaly, real or suspected, you must:

• Respect the procedure of the transport company provided in such a case (in particular, report any damage or make any complaint or reservation) and refuse the goods by making an immediate declaration to the employee of the transport company, according to which the products are not in good condition.
• Inform BOKS of these irregularities, specifying the order number.

10. DELIVERY TIMES

BOKS deposits are generally delivered within a maximum of 8 weeks after validation of the order.

You will not be able to claim damages, withhold sums due or cancel your order even if the delivery of your products occurs after the announced date.

In the event of non-performance of the contract by BOKS resulting from the unavailability of the goods or services ordered, you will be informed of this unavailability and must, where applicable, be able to be reimbursed without delay and at the latest within thirty days of payment of the amounts you have paid.

11. QUALITY AND COMPLIANCE ISSUES

If you believe that the products are defective or non-compliant, please submit a complaint to BOKS within 30 days of receipt of the products.

Refer to the returns clause for more information. If in doubt, you can contact us by sending an email to help@boks.app

If you do not respect the deadlines provided for in the return procedure, you will no longer be able to make a claim for non-compliance or defect, and the products delivered will be deemed to be compliant and free from any apparent defect.

12. WARRANTY

BOKS guarantees at no additional cost any material component of the product (“Product”) against any defects in materials and manufacturing when used in accordance with the T&Cs, for a period of two (2) years following the date of purchase of the product. of origin ('Warranty Period') from BOKS or an authorized BOKS reseller by the original purchaser, the invoice dates being taken as proof.

Wearing parts (batteries, etc.) are guaranteed for 6 months from the date of purchase of the Boks in question.

This guarantee is applicable to any consumer as defined by the European directives, namely “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity”.

The Product will be considered ineligible for warranty in the following cases:

• the Product has no defects in materials and/or manufacturing,
• the Product has defects which are not attributable to BOKS
• the Product (a) has been modified, adapted, repaired or corrected by any party other than BOKS or an authorized representative of BOKS; (b) has been handled, stored, installed, tested or used without compliance with the Applicable Documentation; (c) has been damaged by abuse, neglect, lack of care, accident or misuse; (d) has been damaged by any natural disaster, including fire, floods, tornadoes, earthquakes, hurricanes, excessive snow, lightning, riots, insurrections, acts of war or any other disaster.
• The Boks to which the Product is attached has been used non-compliant with the T&Cs

The replaced or repaired Product will benefit from the commercial guarantee for the remaining period. The commercial warranty cannot be transferred from the Customer to any other subsequent owner of the Product, and the Warranty Period cannot be extended upon such a transfer.

The commercial guarantee expressly excludes any additional compensation, for any reason whatsoever, with the exception of the application of the legal or regulatory provisions in force.

If BOKS considers, after analyzing the returned Product, that it is an ineligible Product, it will no longer be bound by any warranty obligation.

BOKS will cover the costs of returning it to the Customer, with the exception of a Product declared ineligible, the return costs of which will be the responsibility of the Customer.

13. AVAILABILITY OF PRODUCTS

Our product offers are valid while stocks last. If, despite all our efforts, a product becomes unavailable after validation of your order, or if its delivery time should be extended, BOKS will inform you by e-mail. If necessary, BOKS may offer to accept a new delivery time. In cases where this solution is not possible or does not suit you, BOKS will cancel your order. You will then be fully reimbursed as soon as possible. In the event of personalization (screen printing) of your product, it cannot be returned or refunded.

14. CLAIM RELATING TO A DEFECTIVE OR NON-CONFORMING PRODUCT

If you wish to return a defective or non-compliant product in order to exchange products or receive a refund, you must send us a complaint within 30 days of delivery:

• by AR mail to the following address: BOKS, 130 Rue de Lourmel, 75015 Paris

Or

• by email to the following address: help@boks.app .

If the complaint is made by mail, please indicate your email address.

15. RIGHT OF WITHDRAWAL

Under article L121-21 of the Consumer Code, you have 14 clear days, from the date of receipt of the ordered product or from payment of the subscription or usage credits, to withdraw from your purchase. If you wish to exercise this option, please send us the duly completed withdrawal form below by email:

“To the attention of BOKS, 130 Rue de Lourmel, 75015 Paris,

I, (your name), domiciled (address of the consumer), hereby notify you of my withdrawal from the contract relating to the sale of the good (name of the product), ordered on (date) and received on (date).

The date),

Signature of the consumer and email address of the consumer (only in the event of notification of this form on paper) »

• By AR mail to the following address: BOKS, 130 Rue de Lourmel, 75015 Paris

Or

• By email to the following address: help@boks.app

The right of withdrawal does not apply if the product is manufactured according to your express requests or clearly personalized.

16. RETURN OF THE PRODUCT IN CASE OF COMPLAINT OR WITHDRAWAL

Under article L121-21 of the Consumer Code, you have 14 clear days, from the date of receipt of the ordered product or from payment of the subscription or usage credits, to withdraw from your purchase. If you wish to exercise this option, please send us the duly completed withdrawal form below by email:

“To the attention of BOKS, 130 Rue de Lourmel, 75015 Paris,

I, (your name), domiciled (address of the consumer), hereby notify you of my withdrawal from the contract relating to the sale of the good (name of the product), ordered on (date) and received on (date).

The date),

Signature of the consumer and email address of the consumer (only in the event of notification of this form on paper) »

• By AR mail to the following address: BOKS, 130 Rue de Lourmel, 75015 Paris

Or

• By email to the following address: help@boks.app

The right of withdrawal does not apply if the product is manufactured according to your express requests or clearly personalized.

17. REFUND

Upon receipt of the returned product, BOKS will acknowledge receipt by sending you an e-mail. BOKS reserves the right to determine, in good faith, whether all of the above conditions have been respected.

Acceptance of your product return by BOKS will result in a refund of its price. This refund may be made by crediting the value of the purchase in question, through the payment method used to purchase the product. It will take place within a maximum period of 14 days from the date on which you returned the goods to Boks, subject to receipt by BOKS of the said goods.

18. RESPONSIBILITY

BOKS cannot be held responsible for total or partial non-performance or a delay in the execution of the contract, due to a case of Force Majeure including, but not limited to, natural disasters, health crises. , strikes of any kind and computer or telephone breakdowns not attributable to Boks. BOKS' liability towards the Client can only be incurred for facts which are directly attributable to it and which cause damage directly linked to these facts.

It cannot be engaged:

• for indirect damage;
• due to the improper use of its products or services by the Customer;
• in the event of wrongful action on the part of the Client;
• due to acts attributable to a third party.

19. NON-WAIVER

If one of the parties does not insist on the fact that it will initiate recourse if the other party does not fulfill its obligations under these General Conditions of Sale, this cannot be interpreted as a waiver of the obligations discussed on future occasions. No waiver may be invoked against BOKS, unless it is drawn up in writing by an official of BOKS. Where applicable, said waiver shall not be interpreted as a waiver in any other or subsequent case.

20. APPLICABLE LAW

The sale of products by BOKS is subject to distance selling regulations currently in force in France, including if the Customer is domiciled abroad and/or the goods are intended for export.

If your order is intended for export, you are required to inform yourself, with the local authorities, of the conditions of entry of the goods and of the specific prohibitions which may apply to the products ordered. You are responsible for making required declarations and payments to the relevant authorities or officials in your country.

BOKS cannot be held liable if you do not comply with the legislation of the country where you will use the products.

These general conditions of sale are governed by French law. Any dispute arising from the interpretation, execution or consequences hereof must be resolved through good faith negotiation between the parties.

If the parties have not reached an agreement within (1) one month after notification of the dispute by one party to the other party by registered mail with acknowledgment of receipt, this dispute will be under the exclusive jurisdiction of the courts of jurisdiction of the Paris Court of Appeal and the Paris Commercial Court (France) in first instance, even in the event of multiple defendants or a warranty claim.

21. DATA CONFIDENTIALITY

The information collected by BOKS when you place an order on its website is essential for the processing of your order by BOKS and its commercial partners.

The file containing the recorded information is created and processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of this data and repealing Directive 95/46/EC (the “General Data Protection Regulation” or GDPR).

You have the right to access, modify, rectify and delete information about you held by BOKS.

For further information on data privacy, please see our Privacy Policy, available on the BOKS website.

Last updated: 07/28/2021