1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to all agreements that you conclude with EU Containers regarding the purchase of new or used shipping containers – regardless of whether the order is placed via our website, by email, by telephone or by other electronic means.
1.2 Customers can be either consumers (natural persons not acting for purposes relating to their trade, business, craft or profession) or business owners (natural persons or legal persons acting in the course of a trade, business or profession). To the extent that certain provisions apply exclusively to consumers or exclusively to business owners, this is expressly stated in these T&Cs.
1.3 Deviating, conflicting or additional terms and conditions of customers shall only become part of the agreement if EU Containers has expressly agreed to their application in writing.
2. Contracting party and contact details
2.1 The contracting party is:
EU Containers
Netherlands: Nieuwesluisweg 268, 3197 KV Rotterdam-Botlek
Belgium: Antwerpsebaan 19, Quay 708, 2040 Antwerp
Email: info@eucontainers.com
2.2 For questions about orders, deliveries, invoices or complaints, you can reach us via the above-mentioned email address.
3. Subject matter of the agreement
3.1 EU Containers sells new and used shipping containers in various sizes, conditions and types (e.g. 20ft, 40ft, high cube, open top, side door, refrigerated container) and optionally certain additional services (e.g. modifications, bespoke customisation, logistic services).
3.2 The essential characteristics of the containers (type, dimensions, condition, certifications) are apparent from the product descriptions, individual quotations, or the order confirmation. In the case of used containers, normal signs of use (e.g. scratches, small dents, incipient rust) do not constitute a defect, provided these correspond to the agreed condition grade.
4. Formation of the agreement
4.1 The display of containers on our website or in other media does not constitute a legally binding offer, but rather a non-binding invitation to place an order (invitatio ad offerendum).
4.2 By placing your order (e.g. by submitting the online order form, written confirmation of a quotation by email or by telephone), you make a binding offer to conclude a purchase contract.
4.3 The agreement is only concluded when we expressly accept your order, for example by:
- an order confirmation in text form (e.g. by email), or
- issuing an invoice or a pro forma invoice, or
- the delivery of the container.
4.4 We reserve the right to refuse orders in individual cases, for example in the event of manifestly incorrect pricing, lack of availability or recognisable risks (such as payment arrears, suspected fraud).
5. Prices and payment terms
5.1 The prices at the time of the order shall apply. Whether the prices include statutory VAT or are exclusive of VAT is clearly stated in each case.
5.2 In addition to the container prices, delivery, logistics, crane or additional costs may be charged, which we will state transparently in the quotation, the order confirmation or during the ordering process.
5.3 The currently offered payment methods (e.g. bank transfer, prepayment, invoice) follow from our payment policy and the indications in the ordering process. Credit card payments are currently not available.
5.4 Unless otherwise agreed, the purchase price is due:
- upon pre-payment before delivery, or
- upon payment by invoice within the period stated on the invoice.
The date of credit to our bank account is decisive.
5.5 In the event of late payment, statutory provisions shall apply (statutory interest, reminder fees, rights of suspension). We reserve the right to suspend further deliveries until all outstanding claims have been paid in full.
6. Delivery, delivery times and transfer of risk
6.1 The delivery terms (delivery method, delivery time, delivery area, any restrictions) are described in our shipping and delivery policy, in the quotation and in the order confirmation.
6.2 Stated delivery times are – unless explicitly designated as binding – non-binding guidelines. We will do our utmost to meet agreed delivery dates; delays due to force majeure, strikes, extreme weather conditions, government measures or comparable events remain reserved.
6.3 The transfer of risk is dependent on the capacity of the customer:
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In the case of consumers, the risk of accidental loss and accidental deterioration of the container only passes at the moment of delivery to the consumer or a person designated by them.
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For business owners, the risk passes at the moment of delivery to the carrier (forwarder, freight forwarder) or upon loading at the agreed location.
6.4 The customer is responsible for suitable access to the delivery address and a sufficiently large crane setup area for placing the container. Additional costs resulting from difficult on-site conditions may be passed on.
7. Retention of title
7.1 Until all claims arising from the respective purchase agreement (including ancillary claims) have been paid in full, the delivered container shall remain the property of EU Containers.
7.2 In addition, vis-à-vis entrepreneurs, we retain ownership of the supplied container until all claims arising from the ongoing business relationship have been satisfied (extended retention of title), insofar as permitted under Dutch or Belgian law.
8. State, used containers, and defects rights
8.1 The condition of the container is determined by the individually agreed characteristics (type, condition, certifications) and the product description in the quotation or order confirmation.
8.2 Used containers are – unless agreed otherwise – sold in the agreed condition class (e.g. “used”, “cargo worthy”, “wind and watertight”). Normal signs of use and age do not constitute a defect, provided they correspond to the agreed condition.
8.3 The statutory warranty remains in full force and effect. For business customers, shortened limitation periods for used containers may be agreed, insofar as legally permitted. For consumers, the statutory limitation periods apply.
8.4 Business customers must report visible defects in writing within a reasonable time after delivery. The statutory rules apply to consumers.
9. Right of withdrawal and voluntary returns
9.1 Consumers generally have a statutory right of withdrawal in the case of distance selling. The scope, time limits and exceptions are set out in our separate withdrawal information.
9.2 In addition, EU Containers offers a voluntary 30-day return right in accordance with our returns and refunds policy. This voluntary arrangement is in addition to the statutory right of withdrawal and does not limit it.
10. Liability
10.1 EU Containers shall be held unlimitably liable for damages resulting from death, physical injury or damage to health, which is the result of an intentional or negligent breach of duty by EU Containers, a legal representative or an assistant.
10.2 For any other damage, EU Containers is unreservedly liable in the event of intent or gross negligence. In the event of simple negligence (slight carelessness), EU Containers is only liable if an essential contractual obligation has been breached. In that case, liability is limited to the foreseeable damage inherent to the agreement.
10.3 Further liability – in particular for loss of profit, indirect damage or consequential loss – is excluded, unless mandatory statutory provisions dictate otherwise.
10.4 Liability under the statutory product liability rules remains unaffected.
11. Privacy
11.1 The processing of personal data shall take place exclusively in accordance with the statutory requirements (in particular the GDPR, the Implementation Act of the GDPR (UAVG) for the Netherlands, and Belgian privacy legislation) and our privacy statement.
11.2 Details regarding the nature, scope and purposes of data processing, your rights as a data subject and the use of analysis and marketing tools can be found in our separate privacy policy, which is available on our website at all times.
12. Transparency and compliance with Google Merchant
12.1 EU Containers ensures that all essential information (company details, prices, payment, shipping, return and refund terms) is displayed transparently, clearly and understandably on the website, and in accordance with Google Merchant Center guidelines.
12.2 The information in these Terms and Conditions is tailored to the data communicated in our product feeds, advertisements and linked platforms, and is updated in the event of any changes.
13. Applicable law and competent court
13.1 For customers in the Netherlands, Dutch law applies (Civil Code, BW), with the exclusion of the Vienna Sales Convention (CISG), unless mandatory consumer protection provisions of the country where the consumer has their habitual residence dictate otherwise.
13.2 For customers in Belgium, Belgian law applies (Code of Economic Law, CEL, and Civil Code), to the exclusion of the CISG, unless mandatory consumer protection dictates otherwise.
13.3 If the customer is an enterprise, the competent court in Rotterdam (the Netherlands) for customers in the Netherlands, and in Antwerp (Belgium) for customers in Belgium, shall be exclusively competent for all disputes arising from or in connection with the contractual relationship, unless otherwise agreed.
14. Slot provisions
14.1 Should any provision of these General Terms and Conditions be or become wholly or partly void, the validity of the remaining provisions shall remain unaffected. The statutory regulation shall apply in place of the void provision.
14.2 Amendments and additions to these General Terms and Conditions must be in writing, unless mandatory law prescribes a stricter form.
14.3 The version of the General Terms and Conditions published on our website at the time of the agreement shall apply.
