General Terms and Conditions of Sale KUBY
Version: June 2026
KUBY S.à r.l.
3, Op d’Schmëtt
9970 Huldange
Luxembourg
Website: https://www.kuby.biz
Phone: +352 28 89 22 21
E-mail: info@kuby.biz
VAT number: LU26458779
RCS number: B180806
PART A: GENERAL PROVISIONS (APPLICABLE TO ALL CUSTOMERS)
Article 1: Definitions
· KUBY: The company KUBY S.à r.l., with its registered office in Huldange, Luxembourg.
· Customer: The natural or legal person who purchases a product or service from KUBY. This includes both Professional Customers and Consumers.
· Professional Customer (B2B): Any Customer acting primarily within the scope of their commercial, industrial, craft, or professional activity.
· Consumer (B2C): Any natural person acting for purposes outside their commercial, industrial, craft, or professional activity.
· Agreement: The agreement between KUBY and the Customer for the supply of goods and/or services.
· General Terms and Conditions: These general terms and conditions of sale, consisting of Part A, Part B (for Professional Customers), and Part C (for Consumers).
Article 2: Applicability
2.1. The legal relationship between KUBY and the Customer is exclusively governed by (in descending hierarchical order): the written special agreement, the order confirmation, these General Terms and Conditions, and Luxembourg law.
2.2. The applicability of any of the Customer's purchase conditions is expressly rejected.
Article 3: Offer and Conclusion of the Agreement
3.1. Any offer on the website, in catalogues, or other publications is purely informational and non-binding. Obvious mistakes or errors in the offer do not bind KUBY.
3.2. The Agreement is concluded at the moment KUBY confirms the Customer's order in writing (by e-mail) or when KUBY begins to execute the order.
Article 4: General Intellectual Property
4.1. KUBY remains the exclusive owner of all intellectual property rights relating to the standard products, services, designs, and documentation it supplies.
Article 5: General Confidentiality
5.1. Both parties undertake to keep confidential all confidential information received from the other party within the framework of the Agreement.
Article 6: Applicable Law and Dispute Resolution
6.1. All Agreements are exclusively governed by Luxembourg law.
6.2. For disputes with Professional Customers, the courts of the district of KUBY's registered office (Luxembourg) shall have exclusive jurisdiction.
PART B: SPECIFIC PROVISIONS FOR PROFESSIONAL CUSTOMERS (B2B)
Article 7: Prices and Payment
7.1. The only correct and binding prices are those stated on the official website (www.kuby.biz) and in the most recent price lists published by KUBY at the time of the order. Prices mentioned in other publications, catalogues, or brochures are purely indicative and non-binding. All prices are expressed in Euro (€), exclusive of VAT, other taxes, and any delivery or administrative costs, unless expressly agreed otherwise in writing with the Customer.
7.2. Unless otherwise agreed, invoices are payable within fifteen (15) calendar days of the invoice date.
7.3. In the event of non-payment on the due date, default interest in accordance with Luxembourg law, as well as a fixed compensation of 12% of the invoice amount with a minimum of €125, shall be due by operation of law and without prior notice of default. Furthermore, all other invoices, even those not yet due, shall become immediately payable.
Article 8: Delivery
8.1. Delivery times are always indicative and non-binding. Exceeding the delivery time shall in no case entitle the Customer to compensation, a price reduction, or termination of the Agreement.
8.2. Delivery is free of charge for orders with a goods value of €350 (excl. VAT) or more, with the exception of our range of beverages. For the delivery of beverages, a personalized quote will always be drawn up. For orders below this amount, delivery costs will be charged (€15).
8.3. The Customer must inspect the delivered goods immediately upon receipt. Visible defects or non-conformity must be reported in writing within forty-eight (48) hours of delivery, under penalty of forfeiture of rights.
8.4. If the Customer refuses the delivery without legitimate reason or fails to provide the information or instructions necessary for the delivery, all resulting additional costs will be fully invoiced to the Customer. By express agreement and as a fixed penalty clause, the Customer shall be liable by operation of law and without prior notice of default for a fixed surcharge of €25 per parcel and €200 per pallet refused, in order to cover the return, transport, storage, and administrative costs incurred by KUBY, without prejudice to KUBY's right to claim compensation for actual costs if they prove to be higher.
Article 9: Warranty and Liability
9.1. Complaints regarding hidden defects must be reported in writing within five (5) working days of discovery, and at the latest within three (3) months of delivery, under penalty of forfeiture of rights.
9.2. KUBY's liability is strictly limited to repairing or replacing the defective product, or to crediting the invoice amount. KUBY's total liability shall never exceed the invoice amount of the relevant order (excl. VAT).
9.3. KUBY is in no event liable for indirect damages, such as, but not limited to, loss of profit, loss of turnover, reputational damage, or consequential damages.
9.4. KUBY guarantees that the delivered products have a reasonable remaining shelf life at the time of delivery. Upon delivery and signature of the delivery note, the transfer of risk occurs, and the Customer assumes full and exclusive responsibility for inventory management, product rotation, and compliance with storage conditions (including the cold chain). KUBY declines all liability for products whose expiry date (DLC/DDM) expires after delivery. KUBY will not issue any credit, refund, return, or exchange for products unsold by the Customer and expired after their delivery, these risks being fully borne by the Customer.
Article 10: Retention of Title
10.1. The delivered goods shall remain the property of KUBY until the Customer has paid the full price, including all additional costs and interest.
Article 11: Intellectual Property on Custom Work
11.1. Notwithstanding Article 4, all intellectual property rights to designs, software, advice, or other custom-made solutions specifically developed for the Customer (hereinafter "Custom Work") shall at all times remain the exclusive property of KUBY, even if the Customer has paid a fee for the development. No transfer of intellectual property rights shall take place unless this is explicitly stipulated in a separate, written agreement for a financial consideration to be determined.
Article 12: Confidentiality and Penalty Clause
12.1. In addition to Article 5, the Customer undertakes not to use the confidential information for any purpose other than the performance of the Agreement. In the event of a breach of this confidentiality obligation, the Customer shall be liable, by operation of law and without prior notice of default, for an immediately payable, fixed penalty of €10,000 per infringement, without prejudice to KUBY's right to claim higher, actually incurred damages.
Article 13: Non-Solicitation
13.1. The Customer is prohibited, during the term of the Agreement and for a period of twelve (12) months after its termination, from directly or indirectly approaching KUBY's employees or subcontractors with the intention of hiring them or having them work for the Customer in any other capacity. In the event of a breach of this clause, the Customer shall be liable for an immediately payable compensation equal to the gross annual salary of the person concerned.
Article 14: Customer Reference
14.1. The Customer grants KUBY the right to use the Customer's name and logo as a commercial reference on its website, in presentations, and in other marketing materials. The Customer may object to this in writing and with justification, after which KUBY will cease the use.
PART C: SPECIFIC PROVISIONS FOR CONSUMERS (B2C)
Article 15: Prices and Payment
15.1. The only correct and binding prices are those stated on the official website (www.kuby.biz) at the time the Consumer places the order. Prices mentioned in other publications, catalogues, or brochures are purely indicative and non-binding. All prices are expressed in Euro (€) and include VAT and other legally required contributions. Any delivery costs are stated separately and clearly before the order is finalised.
15.2. Payment is made via the payment methods offered on the website. Prepayment may be required.
Article 16: Delivery
16.1. KUBY will deliver the order no later than thirty (30) days after the order, unless a different delivery period has been agreed.
16.2. The delivery costs depend on the product. The exact delivery costs are clearly communicated during the ordering process.
Article 17: Right of Withdrawal
17.1. The Consumer has the right to withdraw from the Agreement within a period of fourteen (14) days without giving any reason. The withdrawal period will expire after 14 days from the day on which the Consumer acquires physical possession of the goods.
17.2. To exercise the right of withdrawal, the Consumer must inform KUBY of their decision by an unequivocal statement (e.g., by e-mail).
17.3. The direct costs of returning the goods are borne entirely by the Consumer.
17.4. The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. KUBY reserves the right to offset this diminished value against the amount to be refunded.
17.5. The right of withdrawal is excluded for custom-made or clearly personalised products.
Article 18: Legal Warranty
18.1. The Consumer is entitled to the legal warranty of two (2) years for any lack of conformity that exists at the time of delivery of the goods.
18.2. The Consumer must inform KUBY of the lack of conformity within a period of two months from its discovery, under penalty of forfeiture of their right.
18.3. The warranty does not cover defects resulting from normal wear and tear, improper use, accidents, or modifications made by the Consumer.
Article 19: Dispute Resolution for Consumers
In the event of a dispute, the Consumer must first contact KUBY's customer service (info@kuby.biz).
PART D: DATA PROTECTION (GDPR)
Article 20: Processing of Personal Data
20.1. KUBY processes the Customer's personal data in accordance with Regulation (EU) 2016/679 (GDPR).
20.2. Purposes: Your data is used for the performance of the Agreement (order processing, delivery, invoicing), customer management, and to comply with legal obligations. For marketing purposes (newsletters), your explicit consent is always requested.
20.3. Legal basis: The processing is based on the necessity for the performance of the Agreement, compliance with a legal obligation, and/or your consent.
20.4. Sharing with third parties: KUBY only shares your data with third parties when strictly necessary for the performance of the Agreement (e.g., with transport companies) or to comply with a legal obligation.
20.5. Retention period: Your data is not kept longer than necessary, taking into account the legal retention periods.
20.6. Your rights: You have the right to access, rectify, erase, restrict, and port your data, and to object to its processing. You can send a request to this effect to info@kuby.biz.
20.7. Complaints: You have the right to lodge a complaint with the Luxembourg supervisory authority: the Commission Nationale pour la Protection des Données (CNPD).