Terms & Conditions

    SwapBox Netherlands B.V.

    Effective date: 1 March 2026 (Version 1.2)

    These Terms & Conditions apply to all services provided by SwapBox Netherlands B.V., including the rental, washing and logistical handling of reusable cups and packaging for events, catering companies and business clients.

    SwapBox Netherlands B.V. operates from the Netherlands and serves customers across the European Union. If you have questions regarding these terms, please visit our contact page.

    1. Definitions

    In these General Terms & Conditions, the following definitions apply:

    • SwapBox: SwapBox Netherlands B.V., with registered office at Maarten Schoutenstraat 10, 2741 SZ Waddinxveen, The Netherlands, Chamber of Commerce no. 83897003, VAT no. NL863025055B01.
    • Customer: any natural person or legal entity entering into an agreement with SwapBox.
    • Consumer: a Customer acting for purposes outside his or her trade, business or profession.
    • Business Customer: a Customer acting in the course of a trade or business.
    • Agreement: any agreement between SwapBox and the Customer.
    • Products: all reusable cups, packaging and accessories rented or sold by SwapBox.
    • Services: all services provided by SwapBox, including rental, sale, washing, transport and logistics.
    • Working Days: Monday through Friday, excluding Dutch public holidays.

    2. Applicability and distinction B2B / B2C

    1. These General Terms & Conditions apply to all offers, orders and agreements of SwapBox.
    2. Deviations are valid only if expressly agreed in writing.
    3. The applicability of the Customer's general terms and conditions is expressly excluded.
    4. Where the Customer qualifies as a Consumer, mandatory consumer law provisions apply and may supersede these General Terms & Conditions.
    5. In the event of a conflict between provisions applicable to Consumers and Business Customers, the consumer provisions shall prevail.
    6. Articles explicitly designated as applicable to Business Customers only shall not apply to Consumers.

    3. Formation of the Agreement

    An Agreement is concluded by:

    • placing an order via the webshop;
    • written or electronic acceptance of a quotation;
    • confirmation by email.

    By entering into an Agreement, the Customer confirms acceptance of these General Terms & Conditions.

    SwapBox reserves the right to refuse orders or impose additional conditions.

    4. Offers and prices

    1. All prices are exclusive of VAT unless stated otherwise.
    2. Prices apply exclusively to new orders and may be changed.
    3. Obvious errors or mistakes in quotations or price indications are not binding on SwapBox.

    5. Payment

    1. Webshop orders must be paid in full at the time of ordering.
    2. Orders placed via quotation or email must be paid in full no later than 3 Working Days prior to the delivery date.
    3. If payment is not received in time, the payment obligation remains in force and SwapBox is entitled to suspend delivery or terminate the Agreement.
    4. The payment structure consists of:
      • First invoice: advance payment of washing and logistics costs;
      • Second invoice: final settlement for damage, loss and unwashed Products, payable within 14 days.
    5. For Business Customers, statutory commercial interest is due by operation of law in case of late payment.
    6. Collection costs are charged in accordance with applicable Dutch collection legislation (WIK). For Business Customers, SwapBox may transfer the claim to a collection agency after two reminders.
    7. For Consumers, interest and collection costs shall only be charged insofar as legally permitted.
    8. Any payment arrangement is granted solely at the discretion of SwapBox.

    5.9 Minimum volume commitment and unused Products (sealed crates)

    1. The quantities ordered by the Customer constitute a reservation of logistical and washing capacity.
    2. Products are delivered in sealed crates.
    3. Products shall only qualify as "unused" if:
      1. the crate is returned undamaged with the original seal intact; and
      2. upon inspection, SwapBox determines that the contents are unused and clean.
    4. The qualification of Products as unused shall be determined exclusively by SwapBox.
    5. If fewer Products are used than ordered, the Customer is entitled to adjustment at the applicable unused rate for a maximum of 10% of the originally ordered quantity only.
    6. Any unused quantity exceeding 10% remains fully payable in accordance with the agreed pricing.
    7. This provision constitutes reasonable compensation for reserved capacity and does not qualify as a penalty clause.

    6. Deposit

    SwapBox may require a deposit at its discretion, including but not limited to cases involving new customers, large orders or events with increased risk.

    7. Delivery and transport

    1. Delivery times are indicative only.
    2. For delivery within 2 Working Days, the Customer must contact SwapBox in advance.
    3. Rental periods exceeding 7 days require prior approval from SwapBox.
    4. SwapBox bears the risk during transport until delivery.
    5. If delivery takes place without direct receipt by the Customer, the risk transfers at the moment the Products are placed at the delivery location.
    6. Delay due to force majeure does not entitle the Customer to compensation.

    8. Use, rental and return

    1. The Customer must use the Products with due care and in accordance with instructions.
    2. The Customer is responsible for timely and correct return of the Products.
    3. Damage, loss or excessive shortage of Products shall be borne by the Customer.

    9. Washing and hygiene

    1. SwapBox cleans Products in accordance with applicable laws and hygiene standards.
    2. The Customer must inspect the Products immediately upon delivery and no later than 12 hours thereafter.
    3. Any complaints regarding hygiene must be reported prior to use.
    4. Once Products have been used, all liability of SwapBox lapses.
    5. The Customer remains fully responsible for serving food and beverages in compliance with applicable legislation and standards.

    10. Cancellation

    1. Cancellation is permitted:
      • ≥ 7 Working Days before delivery: free of charge
      • 5 Working Days before delivery: 20%
      • 2 Working Days before delivery: 50%
      • 1 Working Day or later: 100%
    2. Cancellation fees are calculated based on the scheduled delivery date, regardless of the actual delivery time.
    3. SwapBox is entitled to cancel or terminate the Agreement if advance payment has not been received in time.

    11. Liability

    1. The liability of SwapBox is limited to the total amount (excluding VAT) paid by the Customer for the relevant Agreement, with a maximum equal to the amount of the first invoice.
    2. SwapBox shall not be liable for indirect damage, consequential damage, loss of profit or business interruption.
    3. These limitations do not apply in the event of wilful misconduct or gross negligence on the part of SwapBox.

    12. Force majeure

    1. Force majeure means any circumstance beyond the reasonable control of SwapBox.
    2. During force majeure, SwapBox's obligations are suspended.
    3. If the force majeure situation lasts longer than 30 days, either party is entitled to terminate the Agreement in whole or in part without any obligation to pay compensation.
    4. SwapBox shall make reasonable efforts to find an appropriate solution.

    13. Intellectual property and marketing

    1. All intellectual property rights vest in SwapBox.
    2. SwapBox may use the Customer's name and logo for marketing purposes, insofar as reasonable and consistent with customary marketing practices, unless the Customer objects in writing.

    14. Retention of title

    All delivered goods remain the property of SwapBox until all payment obligations have been fully fulfilled.

    15. Assignment

    The Customer is not permitted to assign rights or obligations under the Agreement without the prior written consent of SwapBox.

    16. Suspension and termination

    SwapBox is entitled to suspend its obligations or terminate the Agreement in the event of:

    • non-payment;
    • bankruptcy or suspension of payments of the Customer;
    • misuse of the Products.

    17. Governing law and jurisdiction

    1. All Agreements are governed by Dutch law.
    2. Any disputes shall be submitted exclusively to the District Court of Amsterdam.
    3. In the event of discrepancies between language versions, the Dutch version shall prevail.

    18. Severability

    If any provision of these General Terms & Conditions is null or void or annulled, the remaining provisions shall remain in full force and effect.