Terms of sale
Conditions applicable to trade customers, consumers and non-professional customers — Website www.eden-boites.com — Version: May 2025
These Terms and Conditions are divided into three parts: conditions applicable to all Customers (Part 1), conditions applicable solely to trade Customers (Part 2), and conditions applicable solely to consumer and non-professional Customers (Part 3).
Ordering from EDEN BOITES (summary)
These Terms and Conditions stipulate that all products sold by EDEN BOITES are reconditioned goods. Every product order requires the Customer (or their appointed contractor) to remove the old gearbox, engine or transfer case (referred to as the "Old Unit") at their own expense and to hand it over definitively — on pallets or in crates supplied by EDEN BOITES — to the carrier appointed by EDEN BOITES; failing this, the Customer will be liable to pay a cancellation indemnity. Where the Customer requests repair of their Old Unit, EDEN BOITES carries out an assessment and, if the gearbox and/or engine is repairable, sends the Customer a quote. If the unit is deemed beyond repair, or if the Customer declines the quote, the gearbox and/or engine is returned to the Customer as found (unassembled). EDEN BOITES does not cover the cost of removing or fitting the gearbox and/or engine on the vehicle, whether the old or the reconditioned unit. Reconditioning is an operation that may be subject to unforeseen circumstances, which the Customer must take into reasonable account (particularly if they urgently need their vehicle) as regards the potential impact on lead times or even the possibility that the Product cannot be delivered or the Service performed. The statutory right of withdrawal available to consumer Customers does not apply to reconditioning services carried out on the consumer Customer's own gearbox and/or engine.
Certain gearboxes sold by EDEN BOITES may benefit from a two-year contractual warranty, provided that this extension is expressly stated on the purchase invoice and that the gearbox has been fitted by a qualified professional. In such cases, the gearbox is covered by a warranty of two years or 40,000 km from the invoice date, whichever comes first. Where an after-sales service (SAV) request arises during the second year of the warranty, it can only be honoured on the strict condition that the Customer provides:
- The gearbox fitting invoice, issued by a qualified professional, confirming the vehicle's mileage at the time of installation.
- A photograph of the vehicle's odometer taken at the time the SAV case is opened.
If these documents are not provided, the warranty cannot be applied.
Recommendations
Customers are strongly advised to engage a professional for the removal and fitting of gearboxes, given the technical complexity of these operations. For engines, this is a requirement and a condition of the warranty. For any warranty claim relating to an engine, the Customer must provide the fitting invoice issued by a qualified professional, stating the vehicle's identification (registration number or VIN), the date of fitting, the vehicle's mileage at the time of installation, and a breakdown of the parts replaced during fitting. Without this invoice, the warranty cannot be applied. Upon every delivery, the Customer must, in order to preserve their rights, raise any reservations before the carrier departs. As gearboxes and/or engines are delivered without oil, they must be filled with the quantity and grade of oil specified by the manufacturer. The vehicle's electronic system must also be checked, the memory reset and adaptation carried out if necessary on start-up, and the gearbox coded if required, depending on the model.
Parts that must be replaced when fitting a replacement engine
- Timing kit
- Coolant hoses
- Water pump (if not supplied)
- Engine oil
- Thermostat
- Thermostat housing
- Thermal switch
- Spark plugs or glow plugs
- Filters: air, oil, diesel, petrol
- Belts
- Oil cooler (water/oil heat exchanger)
The oil cooler (water/oil heat exchanger) must be replaced with a new part — cleaning alone is not sufficient: its internal structure, made up of very fine channels, does not allow metallic particles that may have accumulated in the old engine's lubrication circuit to be reliably removed; these particles could contaminate the replacement engine's lubrication circuit and cause it to fail. The purchase invoice for the new oil cooler may be required in the event of a warranty claim.
Mandatory checks/cleaning when fitting a replacement engine
The following components must be carefully inspected and/or cleaned:
- Cooling radiator
- Heater matrix
- Cooling fans
- Expansion tank / coolant reservoir
- Inlet and exhaust manifolds
- Turbo
- Intercooler
- Fuel injection system
Mandatory service after engine fitting
- A first oil change is mandatory at 1,000 km to flush out any metal swarf from machining.
- Thereafter, servicing must be carried out in accordance with the manufacturer's recommendations.
- In the event of a warranty claim, the oil change invoice may be required as proof.
Definitions
"Old Unit" means the complete defective gearbox and/or transfer case and/or engine (including an intact casing, free from holes or cracks) whose replacement or repair is requested by the Customer.
"GPC" means a Customer's general purchasing conditions.
"T&Cs" means these Terms and Conditions.
"Customer" means a purchaser of Products or Services.
"Order" means, for a Product, any purchase order for Products at the price in force on the date of the Order, accompanied by immediate or instalment payment of the Order price for the Order to be definitively recorded; and, for a Service, any purchase of Services, evidenced by acceptance of the quote sent to the Customer before its expiry date and by payment of the corresponding price.
"EDEN BOITES" means the Company and/or its contractors.
"Warranted Item" has the meaning given to it in clause 15 of the T&Cs.
"Products" means the gearboxes, transfer cases or engines offered for sale online on the Website or by any other remote means.
"Reconditioned" ("Reconditioning")" means second-hand goods that have been tested and whose wear parts have been replaced, unless otherwise stated by EDEN BOITES.
"Services" means the assessment and, where applicable (if the unit is repairable), reconditioning of the Old Unit by EDEN BOITES.
"Website" means the website accessible at www.eden-boites.com.
"Company" means Eden Boites/E-Boites, a simplified joint-stock company (société par actions simplifiée) with its registered office at 8, avenue Saint-Jean, 06400 Cannes, registered under unique identification number 803 049 774 RCS Cannes and VAT number FR07803049774.
"Alma Solution" has the meaning given to it in clause 4.1 of the T&Cs.
1. General provisions
The T&Cs apply to all sales of Products or Services to a Customer made via the Website, of which the Company is the publisher, or made directly with the Company.
The T&Cs, available on the Website, may be revised by the Company at any time. The applicable T&Cs are those in force on the date of the Order, as defined below. The T&Cs must be accepted by the Customer for every Order, in accordance with Article 1119 of the Civil Code.
Any GPC may only apply to the extent that their provisions do not conflict with these T&Cs. In the event of any conflict between the GPC and the T&Cs, the T&Cs shall prevail unless specific provisions have been agreed in writing between the parties. Any document, clause or special condition not signed by both parties shall be unenforceable. Accordingly, no clause contrary to the T&Cs may be enforced against the Company unless it has been formally accepted by the Company.
The Company's failure to invoke these T&Cs at any given time shall not be construed as a waiver of its right to rely on any of their terms.
Part 1 — Conditions applicable to all Customers
2. Products and services
2.1 Products (sale of reconditioned gearboxes and/or engines)
2.1.1 Condition of Products
All Products sold by the Company are reconditioned goods. The condition of each Product is stated on the Product page on the Website or communicated by any appropriate means for any other remote sales channel.
2.1.2 Transfer of the Old Unit
Every Product Order entails the transfer and permanent surrender to the Company by the Customer of the Old Unit replaced by the Product. The transfer of the Old Unit to the Company is an essential factor in the Company's determination of the price of Products at the time of the Order.
The removal of the Old Unit and the refitting of the Old Unit or the Products are entirely the Customer's responsibility.
The Old Unit must be made available to the Company's carrier, by the date agreed with the Customer and no later than fifteen (15) days after the Order, at the address specified in the Order for collection on the pallets/crates supplied by EDEN BOITES, properly secured and drained by the Customer and complete (including an intact casing).
2.1.3 Non-transfer of the Old Unit
The Customer may choose not to transfer the Old Unit to the Company by invoking the cancellation clause at the time of the Order, under the conditions set out in clause 7.3 of the T&Cs.
2.1.4 Retention of title
Where the Customer opts for instalment payment, it is expressly agreed that the Products remain the full and exclusive property of the Company until the Customer has paid the corresponding Order price in full.
2.2 Services (Reconditioning of your gearbox and/or engine)
The Services comprise an assessment and a reconditioning service. The assessment consists of a repairability study of the Old Unit, during which EDEN BOITES dismantles and inspects the Old Unit in order to give an opinion on whether it is repairable.
If EDEN BOITES deems the Old Unit repairable, the reconditioning service is set out in detail in the quote. If EDEN BOITES deems the Old Unit beyond repair, or if the Customer declines the repairability quote, the Old Unit is returned to the Customer as found (i.e. unassembled). The Customer may request, within fifteen (15) days of the non-repairability opinion or the repairability quote, that the unit be scrapped under the conditions set out in clause 3.2.1 of the T&Cs.
3. Orders
The Customer may request any information in advance by calling the number shown on the Website or by emailing info@eden-boites.com.
The Company reserves the right to refuse any Order on legitimate grounds (for example: quantities ordered that are abnormally high compared with quantities typically ordered by Customers).
3.1 Processing a Product Order
Product Orders are processed as follows:
Step 1: The Customer selects the Products they wish to order from the Website shop. The Customer confirms their selection by clicking "Add to basket".
Step 2: The Customer reviews their shopping basket, which sets out in particular the references of the selected Products, the quantity, the price of each Product excl. VAT and incl. VAT, any promotional codes applied, the applicable delivery charges for the Products if the Customer has already entered their delivery/dispatch address, and the total Order amount.
Step 3: The Customer enters their billing and delivery details, accepts these T&Cs available online, and makes payment using one of the available methods; payment of all or part of the price constitutes a definitive Order, subject to the reservations set out in clause 4.1 of the T&Cs below regarding payments by linked credit.
Step 4: Once the Order has been validated by the secure online payment module, or once EDEN BOITES has acknowledged receipt of a bank transfer, the Customer receives an email confirming that their Order has been recorded, together with their invoice. The Product Order then becomes definitive.
Step 5: EDEN BOITES records the Order and contacts the carrier responsible for delivering the Products and collecting the Old Unit, on the basis of the information provided by the Customer at the time of the Order. The Customer is solely responsible for the accuracy of the information they provide to EDEN BOITES.
Step 6: The Customer or their representative receives the Order and, where applicable, immediately raises any reservations on the carrier's delivery receipt. If the Order is accepted without reservation, the Customer retains the pallets for returning the removed Old Unit. If reservations are raised, the Customer does not take delivery of the Products.
Step 7: Upon accepting delivery of the Products, the Customer notifies the Company that their Old Unit — properly secured and drained by the Customer and complete (including an intact casing) — is ready for collection on the pallets/crates supplied by EDEN BOITES at the time of delivery of the Products. If the Customer fails to hand over the Old Unit to the carrier, the provisions of clause 2.1.3 (Non-transfer of the Old Unit) of the T&Cs above shall apply.
3.2 Processing a Service Order
3.2.1 Order steps
Service Orders are processed as follows:
Step 1: The Customer requests collection of their removed Old Unit for a repairability assessment and, where applicable, a quote from the Company via the Website or by telephone, providing the information and documents requested by EDEN BOITES. The Customer is solely responsible for the accuracy of the information and documents they provide to EDEN BOITES.
Step 2: The Company records the request on the basis of the information received from the Customer.
Step 3: The Customer notifies the Company that their Old Unit — properly secured and drained by the Customer and complete (including an intact casing) — is ready for collection on the pallets/crates supplied by EDEN BOITES.
Step 4: EDEN BOITES carries out the repairability assessment of the Old Unit, during which EDEN BOITES dismantles and inspects the Old Unit in order to give an opinion on whether it is repairable.
Step 5A: If the Old Unit is deemed repairable, the Company sends the Customer a detailed quote setting out the reconditioning services for the Old Unit, including in particular a detailed breakdown of the price of the reconditioning services excl. VAT and incl. VAT, and the validity period of the quote.
Step 5B: If EDEN BOITES deems the Old Unit beyond repair, or if the Customer declines the quote, the Old Unit is — on the Customer's instruction within eight (8) days of receiving the non-repairability opinion or declining the quote — returned as found (i.e. unassembled) to the delivery address stated on the quote. EDEN BOITES contacts the carrier responsible for collecting the Old Unit, on the basis of the information received from the Customer. The Customer is solely responsible for the accuracy of the information they provide to EDEN BOITES. If the Customer provides no instruction, or instructs EDEN BOITES accordingly, EDEN BOITES will scrap the Old Unit with no compensation or payment of any kind due to the Customer.
Step 6: If the Customer accepts the quote, they sign it and send it to the Company by email and make immediate payment.
Step 7: EDEN BOITES sends an Order confirmation email upon receipt of the signed quote and effective receipt of the Order price. The Service Order then becomes definitive.
If the Customer returns the signed quote and/or payment after the quote's expiry date, the Order will not be deemed concluded unless the Company confirms this in writing. Failing such confirmation, the Company may require the quote — and in particular the price — to be updated. The Order will then be concluded when the Customer returns the new signed quote together with any outstanding balance required by EDEN BOITES.
If, once the Old Unit has been received, parts are found to be missing whose replacement was not originally provided for in the quote — due to the Customer having sent an incomplete unit or having provided incorrect information — the Company will send the Customer a revised quote including the cost of replacing the missing parts. The Order will then be concluded when the Customer returns the signed revised quote together with any outstanding balance required by EDEN BOITES.
Step 8: Performance of the reconditioning Services remains suspended until the Company has received full payment for the Order.
Step 9: Once the reconditioning Services have been completed, EDEN BOITES contacts the carrier responsible for delivering the Old Unit that has been the subject of the reconditioning Services (the Product), on the basis of the information provided by the Customer at the time of the Order. The Customer is solely responsible for the accuracy of the information they provide to EDEN BOITES.
Step 10: The Customer or their representative receives the Old Unit that has been the subject of the reconditioning Services (the Product) and immediately raises any reservations on the carrier's delivery receipt.
3.2.2 Right of retention
In the context of performing the Services, the Company holds a right of retention over the Old Units entrusted to it by the Customer in accordance with Article 2286 of the Civil Code. In the event of any unpaid amount relating to all or part of the Order price, EDEN BOITES reserves the right to exercise its right of retention over the Old Units entrusted by the Customer until the Order price has been paid in full.
4. Orders paid by linked credit
4.1 Principle
The Customer may choose to pay for their Order by linked credit offered by Alma (SIREN number 839 100 575), in accordance with Article L. 312-45 of the Consumer Code (the "Alma Solution").
Where the Customer opts for the Alma Solution, the corresponding Order will automatically be subject to the following conditions.
The Order is placed subject to the suspensive condition of the linked credit agreement being concluded between the Customer and Alma.
Accordingly, the Order cannot be considered concluded and binding on the Company until the linked credit agreement with Alma has been concluded. By choosing the Alma Solution, the Customer acknowledges that conclusion of the Order is conditional upon acceptance of the general terms of use or the credit agreement proposed by Alma; Alma may also refuse to grant the linked credit (which may result in cancellation of the Order unless the Customer agrees to pay in full) or may require the Customer to provide supporting documents or access to their bank account history. The Company shall under no circumstances be liable for any refusal by Alma to grant the linked credit to the Customer or for the resulting cancellation of the Order.
Any termination of the T&Cs binding the Customer and the Company shall result in termination of the general terms of use or the credit agreement between Alma and the Customer.
If credit is granted, the Order amount is paid by credit granted by Alma, registered on REGAFI under number 90876.
Alma is a remote payment service provider and issues an electronic certificate that shall serve as proof of the amount and date of the transaction in accordance with Articles 1316 et seq. of the Civil Code.
In any event, the Company cannot under any circumstances be held liable for any additional delay in processing the Order caused by the granting of linked credit to the Customer.
4.2 Right of withdrawal
The Customer has fourteen (14) calendar days from the Order date to withdraw from the payment facility granted by Alma and must then pay in full, by notifying Alma directly via the form accessible at the following URL: https://help.almapay.com/hc/fr/requests/new. In the event of withdrawal, any charges and interest paid by the Customer will be refunded in accordance with the applicable regulations and these T&Cs.
4.3 Complaints
For any complaint regarding the payment provider Alma, the Customer may visit Alma's complaints page, write to support@getalma.eu, or visit the website https://getalma.eu/.
The Customer may also contact the consumer mediator appointed by Alma, whose identity and contact details are available on Alma's complaints page.
4.4 Credit intermediary
The Company's role is limited, in accordance with Article R. 519-2 2° of the Monetary and Financial Code, to:
- referring Alma to persons interested in concluding a banking transaction or payment service;
- putting Alma and the Customer in contact with each other;
- passing Alma the contact details of a person interested in concluding a banking transaction or payment service;
- providing documents of a purely promotional nature relating to the banking transaction or payment service provided by Alma.
The Company is not authorised to:
- present, offer or assist in the conclusion of banking transactions or payment services, or carry out any preparatory work or advice in connection with them;
- solicit or obtain the Customer's agreement to a banking transaction or payment service, or explain orally or in writing to a prospective customer the terms of a banking transaction or payment service with a view to its conclusion or provision.
5. "Satisfaction guaranteed or your money back" commercial warranty (products and services)
The "Satisfaction Guaranteed or Your Money Back" warranty covers the return delivery costs for Products and, where applicable, the Old Unit in the event that the right of withdrawal referred to in clause 23 of the T&Cs is exercised. The warranty applies only once per Customer for the Order in respect of which the Customer exercises their right of withdrawal for the first time. The Customer must return the Product in the same condition as it was at the time of delivery (packed in the same way).
5 bis. Common conditions for exercising the commercial warranty
These provisions apply to all Customers, whether trade, consumer or non-professional. They set out the conditions under which the Customer may rely on the commercial warranty granted by EDEN BOITES on the Products and on the Warranted Item.
They apply without prejudice to the statutory guarantees available to consumer and non-professional Customers, namely the statutory guarantee of conformity (Articles L. 217-1 et seq. of the Consumer Code) and the statutory guarantee against hidden defects (Articles 1641 et seq. of the Civil Code), which remain fully applicable under the conditions set out in clauses 22 to 24 hereof.
The benefit of the commercial warranty is conditional upon the Customer complying with the following conditions:
- No dismantling without prior agreement: the Customer undertakes not to open or dismantle, in whole or in part, the Warranted Item or the Product, or to have it opened or dismantled by a third party, without the prior written consent of EDEN BOITES. Any opening or dismantling carried out without such consent will result in the loss of the commercial warranty.
- Prior notification and compliance with the after-sales procedure: upon discovering a defect, the Customer must immediately notify EDEN BOITES's sales department and comply with the after-sales handling procedure communicated to them, before any work is carried out on the Warranted Item or the Product.
- Return for joint inspection: at EDEN BOITES's request, the Customer returns the Warranted Item or the Product, together with the relevant parts, to EDEN BOITES's premises so that a joint inspection can be carried out to determine the cause of the defect. The Customer's refusal to carry out this return will result in the loss of the commercial warranty.
Failure to comply with any of these conditions will deprive the Customer of the benefit of the commercial warranty, without prejudice to the statutory guarantees available to consumer and non-professional Customers.
6. Amendments – Order cancellation
Orders become firm and definitive when the conditions described, as applicable, in clauses 3.1 or 3.2 of the T&Cs are met. A firm and definitive Order cannot be cancelled or amended by either party.
In the event of cancellation of an Order at the Customer's initiative in breach of these T&Cs, the Company shall be entitled to require the Customer to pay the full Order price, as well as full compensation for any loss suffered. If, for whatever reason, the Customer is unable to pay the full Order price, the Company may additionally require the return of the ordered Products to the Company at the Customer's sole expense, without prejudice to any claim for damages.
7. Prices of products, services and additional charges
7.1 Prices of Products and Services
The price of Products and Services is that in force on the date the Order is concluded. The price of Products and Services is stated in euros incl. VAT; delivery charges are shown separately in the Order.
In the event of a pricing error of any kind — whether due to a technical fault or human error — the Customer may not rely on the error where they could not reasonably have been unaware that the sale was for a derisory consideration, in particular where there is a manifest discrepancy between the Products or Services ordered and the price offered (sale at a negligible price or at a price of zero euros).
7.2 Additional charges
Where additional charges arise in connection with a transport operation — in particular where the carrier is unable to deliver or collect due to the Customer's absence or incorrect information provided by the Customer — these additional charges may be re-invoiced by the Company to the Customer. In such cases, an invoice for a new delivery or collection attempt will be sent to the Customer by email; the Customer will have five (5) days from the date of issue to settle it. Once the invoice for the additional charges has been paid by the Customer, EDEN BOITES will propose a new delivery or collection date.
7.3 Indemnity for non-return of the Old Unit
As part of a Product Order, the Customer undertakes to transfer ownership of the removed Old Unit and to make it available to the Company's carrier for collection, under the conditions set out in clause 3.1 of the T&Cs.
If the Customer refuses to hand over the Old Unit, is unable to do so for any reason, or hands it over in conditions that do not comply with the T&Cs (see clause 2.1.2 above), the Customer shall owe the Company a cancellation indemnity for failure to hand over the Old Unit, in the amount of the deposit shown on the quote or invoice. If no amount is stated, the default amount is one thousand two hundred (1,200) euros excl. VAT for an engine, two hundred (200) euros excl. VAT for a turbo, and nine hundred (900) euros excl. VAT for any other part (gearbox, transfer case, differential, axle, etc.). Where the deposit has been paid in advance (as a security deposit), it is retained by the Company up to the corresponding amount. The Customer thereby waives the right to hand over the Old Unit in exchange for payment of this cancellation indemnity.
The indemnity is immediately due upon presentation by the Company of the corresponding invoice, from the date on which the Customer indicated their intention not to hand over the Old Unit or their inability to do so, or from the date on which EDEN BOITES establishes non-delivery of the Old Unit under these T&Cs, namely:
- if the Old Unit is not made available to the carrier in accordance with the instructions set out in clauses 2.1.2 and 3.1 of the T&Cs; or
- if the Customer no longer has the Old Unit, including as a result of a force majeure event.
| Description of defect identified | Surcharge excl. VAT |
| Cracked block or visible external damage | 600 € |
| Missing or broken casing | 500 € |
| Non-conforming cylinder head or missing bearing | 200 € |
| Missing or broken camshaft | 150 € |
| Non-conforming or missing injection pump | 250 € |
| Missing injector wiring harness | 50 € |
| Missing or broken pilot injector ports | 100 € |
| Missing timing components | 50 € |
| Engine not drained | 150 € |
| Cracked block or visible external damage – SOFIM range | 1000 € |
7.4 Old Unit deposit
Every exchange sale is conditional upon the return of the Old Unit, complete and with the casing intact (for an engine: block and casings intact), free from holes, cracks or damage. The deposit amount is that stated on the quote or invoice; if no amount is stated, the default amount set out in clause 7.3 applies.
- Deposit paid in advance (security deposit): for certain Products, in particular engines and automatic gearboxes, the deposit is paid in addition to the price at the time of the Order. It is refunded if the Old Unit is returned in conforming condition within thirty (30) days.
- Deposit not paid in advance: for other Products, the deposit is not paid at the time of the Order; it becomes due if the Old Unit is not returned, or is returned incomplete or damaged.
An Old Unit returned with holes, cracks, incomplete or damaged does not entitle the Customer to a refund of the advance deposit, or renders the unpaid deposit immediately due.
8. Transport operations
Products and Services sold on the Website can only be delivered and performed in countries listed on the Website during the Order process or available on request by contacting EDEN BOITES. Any other location must be the subject of a specific request sent to info@eden-boites.com. Failing this, the Order cannot be considered validly concluded.
For transport operations carried out in connection with the Services, defective gearboxes and/or engines dispatched by the Customer are referred to as the Old Unit; reconditioned gearboxes and/or engines dispatched by EDEN BOITES to the Customer are referred to as Products.
8.1 Timescales
Transport of the Products or the Old Unit is carried out by a third-party carrier appointed by the Company. The Company may change carrier at its sole discretion.
In the event of the Customer's absence or clear refusal to receive or dispatch the Products or the Old Unit, the Order may be cancelled at the Customer's fault under the conditions set out in clause 6 of the T&Cs, or, in the case of the Old Unit, the cancellation indemnity provided for in clause 7.3 of the T&Cs shall be automatically due, following a formal notice from the Company that has gone unanswered for seven (7) days after notification by email (to the address provided by the Customer at the time of the Order) or by post.
8.2 Customer's mandatory presence
The Customer undertakes to be personally present at the delivery or collection address stated in the Order to take delivery of the Products, verify their conformity and sign the carrier's delivery receipt, noting any reservations where applicable. If the delivery or collection address provided by the Customer is that of a professional responsible for removing the Old Unit and fitting the Product, the Customer is deemed to have authorised that professional to act on their behalf under the conditions set out in this clause, even in the absence of a written mandate.
The carrier shall not be required to deliver the Products to a third party who has not been authorised under the conditions set out in this clause. If the Customer is absent and only an unauthorised third party is present, the Customer will be deemed absent.
8.3 Customer's absence
Rescheduling of a transport operation requested by the Customer due to absence may, following prior notification to the Customer, give rise to additional payment — before re-delivery — of the delivery and storage charges for the Products or the Old Unit as set out in clause 7.2 of the T&Cs.
8.4 Reservations (damage, missing Products, etc.)
The Customer must raise specific and detailed reservations at the time of delivery in the event of damage, missing Products or Old Unit, or any other anomaly. The notation "subject to unpacking" has no legal value and will not be accepted by the carrier. Upon delivery, it is the Customer's responsibility to check the condition of the Products or the Old Unit in the presence of the carrier and to note in writing on the carrier's delivery receipt any damage, loss or other anomaly found in the contents of the parcel/pallet/crate. Once the carrier has left, no claim will be possible and the Customer loses their right to raise reservations regarding the transport.
8.5 Pallets and packaging
Pallets provided to the Customer or their representative for transport operations remain, in all circumstances, the property of the Company. The Customer undertakes to return the pallets to the carrier.
9. Labour
The Customer remains responsible for all labour costs relating to the fitting, removal or refitting of the Old Unit and/or the Products on their vehicle, including — to avoid any ambiguity — where the Customer acting as a "consumer" exercises the right of withdrawal referred to in clause 23 of the T&Cs.
10. Force majeure
Force majeure is understood, within the meaning of Article 1218 of the Civil Code, as any external event that is simultaneously unforeseeable, unavoidable and beyond the control of the party bound by the contractual obligations.
Where a party intends to invoke a force majeure event, it must notify the other party in writing, immediately and no later than five (5) working days after the event occurs, of all elements justifying the unforeseeable, unavoidable and uncontrollable nature of the event that prevents it from fulfilling its obligations, and of the consequences it anticipates for the performance of those obligations.
Each party reserves the right to take whatever steps it deems appropriate to protect its interests, whether by suspending or cancelling the Order in progress.
11. Personal data processing
Information regarding the processing of the Customer's personal data in connection with the performance of Orders can be found in our Privacy Policy.
12. Governing law
The law governing these T&Cs and the sales they regulate is French law, to the exclusion of any national, European or international convention or regulation whose provisions are not mandatory.
Part 2 — Conditions applicable solely to trade Customers
In the event of any conflict between the conditions of this Part 2 and those of Part 1, the conditions of Part 2 shall prevail over those of Part 1.
13. Delivery and transfer of risk
13.1 Delivery
Delivery timescales stated on the order confirmation issued by the Company are given for information purposes only and carry no guarantee.
In the event of damage to delivered products or missing items, it is the Customer's responsibility to raise all necessary reservations with the carrier. Any product in respect of which no reservations have been noted on the carrier's delivery receipt, confirmed by recorded delivery letter with acknowledgement of receipt within 3 days of receipt to the carrier in accordance with Article L. 133-3 of the Commercial Code, with a copy sent simultaneously to the Company, shall be deemed accepted by the Customer. It is the Customer's responsibility to provide all evidence as to the reality of the damage or missing items.
No Product or Old Unit may be returned by the Customer without the Company's prior express written consent, obtained in particular by email.
13.2 Transfer of risk
Risk passes at the moment EDEN BOITES hands the Products or the Old Unit over to its carrier in accordance with the Customer's instructions.
14. Limitation of liability
The Company's liability under product or service sale contracts — including under statutory guarantees — and, more generally, in the performance of the T&Cs, is limited to the amount received by the Company from the Customer for the Product or Service concerned.
Any amount that may be owed by the Company in respect of compensable loss under these T&Cs is limited, on a cumulative basis, to the amount covered by the Company's insurance policy or policies for that loss, and will, where applicable, be reduced proportionately for any amount exceeding that limit. The Customer may request details from the Company, prior to placing any Order, of the indemnity limits stipulated in the Company's insurance policy or policies.
15. Warranty
The Company warrants the Products and Services exclusively against hidden defects, which are understood for the purposes of these T&Cs as an intrinsic defect in a Product sold or in parts supplied by EDEN BOITES for a reconditioned gearbox and/or engine under the Services (the "Warranted Item") that renders the Product or the Old Unit unfit for its intended use and that could not have been detected before use. A fitting, removal or refitting defect caused by the Customer or their contractor does not constitute a hidden defect, and the Customer is deemed to have received all technical information relating to the Warranted Item ordered. Under this warranty, EDEN BOITES shall only be obliged to replace the Warranted Item at no charge, and the Customer shall have no entitlement to damages of any kind. The costs of removing and refitting the Warranted Item on the vehicle are the Customer's responsibility.
The warranty under this clause 15 is valid for a period of twelve (12) months from the Order date.
To benefit from the warranty described above, the Customer must follow the procedure known as the "After-Sales Handling Procedure", a detailed description of which is available from EDEN BOITES's sales department. Accordingly, any Customer who encounters a defect with the Warranted Item undertakes, as soon as they become aware of it, to notify the Company's sales department, which will advise them of the procedure to follow; the warranty is forfeited if the procedure set out by the Company's sales department is not followed.
The following are expressly excluded from the Company's warranty:
- any defect attributable to the Customer, a third party, or a force majeure event, including in particular an incorrect fitting of the Warranted Item by the appointed professional, a road accident, the use of an unsuitable or inappropriate fuel, premature wear caused by "sporting" or "competitive" use of the vehicle, or modification of the Warranted Item or the vehicle (in particular an increase in the engine's power and/or torque output);
- any defect resulting from failure to maintain the vehicle in accordance with the manufacturer's specifications, provided that such failure to maintain could directly or indirectly affect the operation of the Warranted Item;
- any defect caused by another defective component of the vehicle not covered by the warranty, including in particular a radiator, oil filter and oil cooler, sensor, seal, fuel system, hoses, bolts, clutch, axle, etc.;
- replacement of an engine where the Customer has not replaced the timing kit in full with new parts, regardless of whether the engine is fitted with a timing belt or timing chain. In the case of chain-driven engines, it is essential to fit new chain(s) together with new chain tensioners and new chain guides;
- replacement of an engine where the Customer has not replaced the oil cooler (water/oil heat exchanger) with a new part;
- replacement of an engine where the Customer is unable to produce the fitting invoice issued by a qualified professional;
Automatic gearboxes
- The warranty (duration as stated on the quote and invoice) is granted, for its full duration, only if the gearbox has been fitted by a qualified professional. For any warranty claim, the Customer must provide the fitting invoice stating the vehicle's identification (registration number or VIN), the date of fitting and the vehicle's mileage at the time of installation.
- The gearbox oil radiator/cooler must be replaced with a new part at the time of fitting (not merely cleaned). The purchase invoice for the new cooler may be required in the event of a warranty claim.
- The vehicle's electronic system must be checked on start-up: fault codes must be read, self-adaptive values reset, adaptation carried out if necessary and, depending on the model, the gearbox coded (at the manufacturer's dealership if required).
- The gearbox is sold without the mechatronic unit or hydraulic block (depending on the model): if the original gearbox is fitted with one, the Customer transfers the component from the Old Unit (mechatronic unit or hydraulic block) to the supplied gearbox. The torque converter, or, for a dual-clutch gearbox, the dual-clutch assembly, is supplied. The external ECU and sensors remain on the vehicle and are not supplied. Any failure of the Customer's mechatronic unit, hydraulic block, ECU or sensors is not covered by the warranty.
- The fitting instructions supplied with the invoice must be followed. Failure to do so (incorrect oil, cooler not replaced, self-adaptive values not reset, torque converter incorrectly engaged, mechatronic unit or hydraulic block incorrectly transferred, etc.) will void the warranty.
Without prejudice to the Company's right to rescind any sale under the conditions of Article 1226 of the Civil Code, the warranty stipulated in this clause 15 is automatically suspended, without any notification or formal notice to the Customer being required, as soon as the Customer fails to perform any of their obligations under these T&Cs or, more generally, under the applicable rules governing sales. This warranty may also be suspended under the same conditions in the event of a clear risk of non-performance by the Customer. The warranty is retroactively void from the outset in the event of definitive non-performance by the Customer.
The warranty stipulated in this clause 15 is the sole warranty granted by EDEN BOITES to the Customer and excludes all other warranties, including any statutory guarantee.
Warranty exclusions
Normal wear and tear of parts, adjustments, fine-tuning and servicing. Failure to follow the fitting instructions supplied with the engine or gearbox, or to observe best practice. Damage caused by peripheral components of the engine/gearbox not supplied with it, including the fuel injection system and the cooling circuit. Also excluded are cases of negligence, failure to carry out maintenance or periodic servicing within the intervals recommended by EDEN BOITES, namely at 1,000 km, 7,500 km and 15,000 km. EDEN BOITES also recommends replacing the timing kit every 50,000 km. Excluded are damage caused by accidents of any kind, including during transport, handling or use, operator error, over-revving, incorrect fitting, and the use of unsuitable, inappropriate or incompatible fuels, oils, lubricants or coolants.
The warranty does not apply to engines/gearboxes fitted to vehicles that have been structurally modified by the user, such as ambulances, motorhomes or vehicles used for industrial purposes such as road sweepers or viticultural machinery. It does not apply either to engines/gearboxes installed on a support other than a motor vehicle.
Also excluded are cases of use not intended by the manufacturer, such as participation in races, any sporting or competitive activity, or industrial use. Refusal to return parts recognised as defective to our premises for inspection will result in exclusion from the warranty. Finally, any work carried out outside our supervision and without prior agreement will result in forfeiture of warranty rights.
16. Waivers
EDEN BOITES's failure to exercise, on one or more occasions, any rights, options, claims or actions under the T&Cs, any other instruments adopted for their performance, or conferred upon it by law, shall not be construed as an abandonment or waiver of the right to rely on such right, exercise such option, make such claim or bring such action; any such abandonment or waiver must be express and made in writing.
Without prejudice to any other waiver expressly provided for in these T&Cs, the Customer waives, as against EDEN BOITES, the provisions of the following articles of the Civil Code: 1221 (specific performance of an obligation), 1222 (having the obligation performed by a third party) and 1223 (price reduction in the event of non-performance).
By way of derogation from Articles 1347 et seq. of the Civil Code, the Customer may not set off any amount owed by EDEN BOITES to the Customer against any amount owed by the Customer to EDEN BOITES.
17. Force majeure
The following events are considered by the parties to constitute force majeure events, without the party unable to perform its obligation being required to establish that the event has the characteristics defined in Article 1218 of the Civil Code: machinery breakdown, industrial action, transport stoppages or fuel depot blockades, wars, riots, terrorist attacks, acts of vandalism; severe weather events recognised as natural disasters; lightning strikes, storms, flooding or water infiltration from rivers, pipes, sewers; disruptions and power cuts imposed by distributors or public authorities; interruption of the general telecommunications network at neighbourhood level; pandemics, epidemics and diseases of any kind, as well as serious health threats and crises within the meaning of the Public Health Code; provided that they affect the performance of the obligations of either party under the T&Cs, or of its suppliers or subcontractors, and that they cannot be overcome by the means reasonably available to the parties.
18. Disputes
For the purposes of these T&Cs and the sale contracts and their consequences, the Company elects domicile at its registered office.
Each party to the sale irrevocably agrees that any dispute relating to these T&Cs and the sale contracts concluded by them, including in relation to payment of the price, shall be brought exclusively before the Commercial Court of Cannes (France), regardless of the place of order, delivery and payment, the method of payment, and any conflict of laws or jurisdiction. Bills of exchange shall not constitute novation of, or derogation from, this jurisdiction clause.
This jurisdiction clause is of general application and applies whether the matter concerns a principal claim, an ancillary claim, an application for interim relief, an expedited hearing on the merits, or a full hearing on the merits.
Furthermore, in the event of a breach of these T&Cs, or of legal or other debt recovery proceedings brought by the Company, all costs, duties, fees and disbursements incurred or paid by the Company, including court summons costs, legal costs, solicitor's and bailiff's fees, and all ancillary costs, shall be borne by the defaulting Customer, as shall all costs arising from or related to the Customer's failure to comply with the payment or delivery conditions of the relevant Order.
Part 3 — Conditions applicable solely to consumer and non-professional Customers
The conditions of this Part 3 apply, as the case may be, to consumer and/or non-professional Customers. In the event of any conflict between the conditions of this Part 3 and those of Part 1, the conditions of Part 3 shall prevail over those of Part 1.
Sub-part 1: Conditions applicable to consumer and non-professional Customers
The conditions of this Sub-part 1 apply to consumer and non-professional Customers.
19. Important recommendations
When selecting a Product and checking its compatibility with their vehicle, Customers are advised not to rely solely on the vehicle's registration number but to use the VIN or to seek the assistance of a professional. If in doubt about which model you need, please do not hesitate to contact us at: info@eden-boites.com.
Customers are also strongly advised to engage a professional for the removal of the Old Unit and for the fitting or refitting of the Products or the reconditioned Old Unit, given the technical complexity of these operations (and this is mandatory for engines). Products or reconditioned Old Units are delivered without oil and must be filled with the quantity and grade of oil specified by the manufacturer. The vehicle's electronic system must also be checked, the memory reset and adaptation carried out if necessary on start-up, and the Product or Old Unit coded if required, depending on the model.
20. Pre-contractual information
Prior to making an immediate purchase or placing an Order, the Customer is provided with these T&Cs and all the information listed in Article L. 221-5 of the Consumer Code, including in particular the essential characteristics of the Products and Services, their price, any additional charges, the terms for delivery of the Products or collection of the Old Unit, information on statutory and contractual warranties, and the possibility of using conventional mediation in the event of a dispute. The information provided about the Products and Services is limited to information relating to the characteristics of the Products, the Services themselves and their compatibility with the Customer's vehicle.
21. Transfer of risk
21.1 Transfer of risk of the Products to the Customer
In accordance with Article L. 216-2 of the Consumer Code, risk in the Products passes at the moment of physical delivery of the Products to the Customer or their duly authorised representative at the address stated in the Order.
The Customer undertakes to check the condition of the Products immediately upon delivery, in the presence of the carrier. In the event of loss or damage affecting the Products, the Customer undertakes to raise all reservations on the carrier's delivery receipt and to notify the Company in writing as soon as possible and no later than twenty-four (24) hours after delivery of the Products to info@eden-boites.com, with photographs and supporting documents.
The Customer acknowledges that raising reservations on the carrier's delivery receipt and notifying the Company in writing under the conditions set out in the paragraph above is essential to enable the Company to preserve its rights against the carrier by making claims in the form and within the time limits set out in Article L. 133-3 of the Commercial Code. If the Customer's failure to comply with this clause results in the Company losing a right against the carrier, the Company shall be entitled to invoice the Customer for an indemnity equal to the amount that would have been owed by the carrier under the standard "general" contract approved by Decree No. 2017-461 (or any replacing decree), or the declared value if the Company can demonstrate to the Customer that it made such a declaration to the carrier.
21.2 Transfer of risk of the Old Unit
The Customer is responsible for the custody and preservation of the Old Unit until proof of its handover to the carrier.
22. Liability – Statutory and commercial warranties
22.1 Liability
22.1.1 Principle
The Customer acknowledges that the Products and Services are reconditioned. Reconditioning requires additional operations and sometimes the supply of parts from third-party suppliers. There may therefore be uncertainty regarding the timescale for delivery of the Product or Service, or, in exceptional cases, an ultimate impossibility of delivering the Product or Service. The Customer must therefore take this uncertainty into reasonable account when ordering a reconditioned gearbox and/or engine from EDEN BOITES, particularly if they urgently need their vehicle.
22.1.2 Choice of gearbox and/or engine
The Customer provides EDEN BOITES with all relevant information enabling EDEN BOITES to advise the Customer on the Products and Services that are compatible with and suitable for the vehicle model specified at the time of the Order for Products, and at the time of the quote for Services. The Company cannot under any circumstances be held liable for any incompatibility between the Products or Services and the Customer's vehicle where the Customer has provided incomplete or incorrect information to EDEN BOITES.
22.1.3 Removal and fitting
EDEN BOITES does not provide any information or advice regarding the removal and fitting of gearboxes and/or engines on Customers' vehicles. The conduct of these operations is the sole responsibility of the Customer and the professionals they appoint for this purpose. The Customer undertakes to follow, or to ensure that their appointed contractor follows, the vehicle manufacturer's recommendations for the removal and fitting of gearboxes and/or engines, as set out in technical manuals, instructions, handbooks or any other technical document published by the manufacturer. EDEN BOITES accepts no liability for any damage to or deterioration of gearboxes and/or engines resulting from removal or fitting that does not comply with the manufacturer's recommendations, from the use of non-recommended equipment and accessories, or from fitting on defective vehicle components (in particular seals and gaskets) to which the gearbox and/or engine is connected.
22.1.4 Act of the Customer or a third party
EDEN BOITES cannot be held liable for non-performance or defective performance of an Order where this is due to the Customer, to an unavoidable and unforeseeable act of a third party, to the unavailability of a part, or to a force majeure event.
22.2 Guarantee against hidden defects
The Customer benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years. This guarantee entitles the Customer to a price reduction if the goods are retained, or to a full refund upon return of the goods.
Sub-part 2: Conditions applicable solely to consumer Customers
The conditions of this Sub-part 2 apply solely to consumer Customers. In the event of any conflict between the conditions of this Sub-part 2 and those of Sub-part 1, the conditions of Sub-part 2 shall prevail over those of Sub-part 1.
23. Right of withdrawal
23.1 Product Orders
Products may benefit from the right of withdrawal provided for in Article L. 221-18 of the Consumer Code. The Customer exercises this right of withdrawal by notifying EDEN BOITES by email at info@eden-boites.com within fourteen (14) days of the delivery date of the Products. A withdrawal form is available at: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032887061.
The Products concerned must be returned to the address indicated by EDEN BOITES. Unless the Customer benefits from the "Satisfaction Guaranteed or Your Money Back" warranty (see clause 5 of the T&Cs), the cost of return via the Company's carrier is the Customer's responsibility. If the Old Unit was sent to EDEN BOITES during the withdrawal period, the Customer will also be responsible for the cost of returning the Old Unit held by EDEN BOITES to the Customer via the Company's carrier.
The Products must be returned by the Customer via the Company's carrier no later than fourteen (14) days after exercising the right of withdrawal, following the same preparation and packaging instructions as those set out for the Old Unit in the T&Cs (see clause 2.1.2 of the T&Cs).
Products returned by the Customer that have been used, are incomplete, or are damaged cannot be accepted back by EDEN BOITES, except in cases of force majeure duly evidenced by the Customer. Products cannot therefore be returned if, due to the Customer or one of their contractors, they have been broken, drilled, painted, marked, subjected to abnormal use (premature wear of parts following excessive use of the Products, in particular through sporting or competitive use of the vehicle), or modified in terms of their form, parts or dimensions.
In the event that the right of withdrawal is exercised, the Company will refund all sums paid, including delivery charges (but not return costs unless the "Satisfaction Guaranteed or Your Money Back" warranty applies), within fourteen (14) days of the date on which EDEN BOITES receives the Products or receives proof of their dispatch from the Customer.
23.2 Service Orders
Services may benefit from the right of withdrawal provided for in Article L. 221-18 of the Consumer Code. The Customer exercises this right of withdrawal by notifying EDEN BOITES by email at info@eden-boites.com within fourteen (14) days of the date of the reconditioning Service Order. A withdrawal form is available at: https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000032887061.
In the event that the right of withdrawal is exercised, the Company will refund all sums paid, including transport costs (but not return costs unless the "Satisfaction Guaranteed or Your Money Back" warranty applies), within fourteen (14) days of the date on which the Company receives the Customer's withdrawal notice. The Old Unit is returned under the same conditions as those set out in clause 2.2 of the T&Cs, i.e. returned as found (unassembled); the Customer may request that it be scrapped under the conditions set out in clause 3.2 of the T&Cs.
In accordance with the provisions of Article L. 221-28 3° of the Consumer Code, the right of withdrawal cannot be exercised where the Services relate to the Customer's own Old Unit (reconditioning of their own gearbox and/or engine).
24. Statutory guarantee of conformity
In accordance with the provisions of Article D. 211-2 of the Consumer Code, the statutory guarantees and their application are set out in the box below.
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"The consumer has two years from delivery of the goods to obtain the application of the statutory guarantee of conformity in the event of a conformity defect appearing. During this period, the consumer is only required to establish the existence of the conformity defect and not the date on which it appeared. "The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without major inconvenience to them. "If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee. "If the consumer requests repair of the goods but the seller insists on replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. "The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund upon return of the goods, if: "1° The trader refuses to repair or replace the goods; "2° The repair or replacement of the goods takes place after a period of thirty days; "3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of collecting or returning the non-conforming goods, or bears the costs of installing the repaired or replacement goods; "4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. "The consumer is also entitled to a reduction in the price of the goods or to cancellation of the contract where the conformity defect is so serious as to justify an immediate price reduction or cancellation. The consumer is not then required to first request repair or replacement of the goods. "The consumer is not entitled to cancel the sale if the conformity defect is minor. "Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee until the goods are returned in working order. "The rights referred to above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. "A seller who acts in bad faith to obstruct the application of the statutory guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the Consumer Code). "The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are retained, or to a full refund upon return of the goods." |
25. Disputes
In addition to bringing proceedings before the competent court, the Customer is informed that they may at any time refer a dispute to mediation through the Centre de médiation et d'arbitrage de Paris (CMAP): by post to CMAP – Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris; or via the form available on the CMAP website at www.cmap.fr/consommateurs. The party requesting mediation must provide CMAP with full details of the dispute and submit all relevant documents as indicated in the referral form. Failing this, the referral cannot be processed. The referral may be made in French or in English.
