1. PREAMBLE

These General Terms and Conditions of Sale (hereinafter the “GTC”) are issued by the company CherryBox, a company registered with the Trade and Companies Register (RCS), whose registered office is located at 162 rue de Billancourt, Boulogne-Billancourt 91200, France, and which can be contacted at the following email address: contact@mycherrybox.com
.

The website www.mycherrybox.com
(hereinafter the “Website”) is an e-commerce platform enabling any user (hereinafter the “Customer”) to subscribe to a non-binding monthly subscription, granting access to the delivery of surprise boxes containing non-perishable food products and, occasionally, non-food products.

The subscription is non-binding and may be cancelled at any time by the Customer, in accordance with the terms set out in these GTC.

Use of the Website implies full and unconditional acceptance of these GTC. The Customer declares that they have the legal capacity to enter into a contract and to make an online purchase, in accordance with the laws in force in their country of residence.

These GTC are accessible at any time via the “General Terms and Conditions of Sale” link available on the Website and shall prevail over any other conflicting document.

2. PRODUCTS OFFERED
2.1 Nature of the products

Subscriptions purchased on the Website provide access to the regular delivery of a monthly surprise box mainly containing non-perishable food products, carefully selected by CherryBox.

CherryBox also reserves the right to include, occasionally or as a supplement, one or more non-food products. These products may be of various types (e.g. personal care items, hygiene products, everyday accessories, miscellaneous items, etc.), with no mandatory connection to the gastronomic universe or French culture.

The Customer is informed that the inclusion of non-food products is neither systematic nor guaranteed and depends in particular on stock availability and the monthly box composition.

2.2 Box formats

Three box formats are offered at the Customer’s choice, defined according to the minimum number of products included (food and/or non-food):

Size S Box: containing at least 3 products

Size M Box: containing at least 5 products

Size L Box: containing at least 8 products

The Customer acknowledges that the box contents vary, are surprise-based, and subject to availability.

2.3 Surprise element

The surprise element is at the heart of the CherryBox experience. The contents of the boxes are not disclosed in advance and are deliberately kept confidential to preserve the discovery effect. Boxes may contain a mix of food products (from well-known or regional brands) and, occasionally, non-food products freely selected by CherryBox.

2.4 Non-perishable products

All food products included in the boxes are non-perishable, ensuring their preservation during shipment and delivery, regardless of the destination.

2.5 Allergen information

CherryBox undertakes to provide clear information regarding the potential presence of allergens in the selected products. However, the Customer is informed that the products come from third-party manufacturers and that the presence of allergens or traces cannot be completely excluded. It is the Customer’s responsibility to check the composition of the products received and to take the necessary precautions.

2.6 Limitation of liability

CherryBox declines all liability in the event of an allergic reaction or intolerance not reported by the Customer at the time of subscription. Furthermore, CherryBox cannot guarantee the accuracy of the information provided by third-party manufacturers regarding the products.

3. SUBSCRIPTION
3.1 Subscription process

Access to the boxes offered by CherryBox is exclusively reserved for Customers who have taken out a monthly subscription via the Website www.mycherrybox.com
. The subscription is completed online by selecting one of the four box sizes offered (S, M, L or XL) and by providing the information required to create a customer account and process payment and delivery.

By validating their subscription, the Customer expressly accepts these GTC.

3.2 Duration and renewal

The subscription is entered into on a monthly basis and is automatically renewed at the end of each period unless cancelled by the Customer under the conditions set out below. Renewal results in automatic billing for the following month according to the selected payment method.

3.3 No commitment and cancellation

The subscription is non-binding, meaning the Customer may cancel it at any time, free of charge and without penalty.

To be taken into account before the next renewal, the cancellation request must be made at least 48 hours before the automatic renewal date (corresponding to the anniversary date of the initial subscription).

Cancellation may be carried out directly via the Customer’s account on the Website or by email to CherryBox’s contact address.

Any started subscription period remains payable and shall not give rise to any refund, even in the event of cancellation after the renewal date.

3.4 Suspension and modification of the subscription

The Customer may, via their customer account, change their box size or delivery details at any time, provided that the modification is registered before the next billing date.

CherryBox reserves the right to suspend or terminate a subscription in the event of non-payment, fraudulent activity or non-compliance with these GTC.

4. ONE-OFF ORDERS

CherryBox operates exclusively on a monthly subscription model. It is not possible to order a box on a one-off or single-purchase basis.

Any order placed via the Website corresponds to the subscription to a recurring service, in accordance with the terms described in Article 3 of these GTC.

The Customer is informed that they will receive one box each month as long as the subscription remains active and that it is their responsibility to cancel the subscription if they no longer wish to receive further boxes.

5. PRICES AND PAYMENT
5.1 Prices

Subscription prices are indicated in euros (€), inclusive of all taxes (VAT included), and are those in force on the date of subscription or monthly renewal.

CherryBox reserves the right to change its prices at any time. Any price change will apply only to future subscriptions or to the next renewal, after prior notification to the Customer.

Delivery costs may be included or charged additionally depending on the destination. Full details are provided at the time of order validation.

5.2 Payment

Subscription payments are made monthly by automatic debit on the subscription anniversary date.

Payment is made by bank card via Stripe, a secure online payment processing provider.

CherryBox does not store any of the Customer’s banking details. All payment-related information is processed directly by Stripe, in accordance with applicable security standards.

5.3 Failed payment

In the event of a failed payment (expired card, insufficient funds, etc.), the Customer will be notified by email. If payment is not regularised within 5 days, CherryBox reserves the right to suspend or terminate the subscription, without the Customer being entitled to any compensation.

CherryBox shall not be held liable for the consequences of a payment failure attributable to the Customer.

5.4 Currency, language and conversions

The Website is available in French and English and allows users to view prices in euros (€) or US dollars (USD).

At checkout, the currency displayed will be the currency in which the Customer is actually charged. Accordingly, if the Customer chooses to display prices in USD, payment will be made in US dollars.

Price conversion is handled automatically via our secure payment system. The exchange rate applied is the rate in force at the time of the transaction and may include currency conversion fees charged by the Customer’s bank. Any such fees remain the sole responsibility of the Customer.

In the event of any discrepancy in interpretation between the French and English versions of these GTC, the French version shall prevail.

6. DELIVERY
6.1 Delivery times

Boxes are shipped monthly, generally within 3 to 5 business days following payment validation. Delivery times may vary depending on the destination and logistical conditions. CherryBox undertakes to use its best efforts to meet these deadlines but cannot be held liable for delays caused by circumstances beyond its control (strikes, adverse weather conditions, carrier delays, etc.).

6.2 Delivery costs

Delivery costs are calculated based on the destination and are added to the total order price at checkout. The amount of delivery costs is clearly indicated during the order process prior to purchase confirmation.

Delivery costs may vary depending on geographical areas and transport options.

6.3 Delivery areas

CherryBox delivers to several countries, including France and international destinations. The list of countries served is available on the Website’s order page.

Customers residing in countries not served by our services must contact customer support to inquire about available options.

6.4 Delivery partners

CherryBox uses several delivery partners to ensure the transport of boxes. Depending on the option selected by the Customer at checkout, the box may be shipped via the following carriers:

Mondial Relay

Relay Colis

Colissimo (La Poste)

UPS

GLS

Each carrier may offer specific delivery times, tracking options and collection point services. The Customer may track their box directly via the carrier’s website using the tracking number provided.

6.5 Order tracking

Once the box has been shipped, the Customer will receive a shipping confirmation email containing a tracking number to monitor the delivery of their order.

6.6 Delivery issues

In the event of non-receipt of the box within the estimated timeframe, the Customer must contact CherryBox within 7 days of receiving the shipping confirmation email. CherryBox will contact the carrier to investigate and attempt to locate the shipment.

If the parcel is lost or damaged during transport, CherryBox will take the necessary steps to resolve the issue but cannot be held liable for errors or delays caused by the carrier. Any claim regarding damaged parcels must be reported within 48 hours of receipt.

6.7 Liability

CherryBox’s liability is limited to the supply of the purchased product. CherryBox cannot be held liable for failure to deliver due to an incorrect delivery address, the Customer’s absence at the time of delivery, or delays caused by the carrier.

7. RIGHT OF WITHDRAWAL
7.1 Exercise of the right of withdrawal

In accordance with consumer law, the Customer has a right of withdrawal of 14 calendar days from receipt of their first box to return it without providing any reason and without penalty, provided that the products have not been opened and remain in their original packaging.

This right of withdrawal applies only to the first box received and does not apply to subsequent boxes within the subscription, as the subscription is monthly and cancellable at any time. Once the first box has been received, the Customer may not request withdrawal for subsequent boxes except in the event of non-conformity or product-related issues.

7.2 Exclusions from the right of withdrawal

The right of withdrawal does not apply to the following products:

Products opened or damaged by the Customer after receipt

Food products or other perishable goods once removed from their original packaging

Non-food products in perfect working order that have been used or damaged

The right of withdrawal also does not apply to personalised products or products clearly tailored to the Customer’s specific needs.

7.3 Return procedure

To exercise the right of withdrawal, the Customer must contact CherryBox by email at retractation@mycherrybox.com
or via the contact page on the Website within 14 days of receiving their box. CherryBox will then provide a return form and the necessary return instructions.

Products must be returned in their original condition and packaging, unopened and unused. Return costs are borne by the Customer, unless the product is non-conforming or defective.

7.4 Refund

Refunds for returned products will be processed within 14 days of receipt of the returned parcel. The refund will cover all sums paid by the Customer for the products concerned, excluding delivery costs, which are non-refundable except in the event of product non-conformity.

7.5 Non-conformity or defective products

In the event of non-conformity or a defective product (e.g. packaging issues, incorrect expiry date, product alteration or incorrect labelling), the Customer must contact the manufacturer or distributor of the product directly. CherryBox is not responsible for defects or hidden defects in products manufactured by third parties, particularly food products.

The information required to submit a claim to the manufacturer (contact details, procedure, etc.) is available on the product packaging or documentation. CherryBox remains available to assist the Customer in this process if necessary.

8. WARRANTY

Products included in CherryBox boxes are items from third-party brands, and CherryBox is not responsible for the warranties offered by these manufacturers.

Products are covered by applicable statutory warranties (such as legal conformity and hidden defect warranties). Any claim relating to non-conformity or hidden defects must be addressed directly to the manufacturer or distributor of the products concerned, in accordance with applicable law.

9. LIABILITY
9.1 CherryBox’s liability

CherryBox undertakes to provide boxes in accordance with the order and with appropriate packaging conditions. CherryBox’s liability shall not be engaged in the event of an incident occurring during delivery, unless it is proven to result from an error on our part.

Furthermore, CherryBox is only responsible for the proper execution of the order and the products contained in the box. If a product is defective, non-conforming or damaged, liability rests with the manufacturer or distributor of the product concerned (see Sections 7 and 8 regarding warranties and hidden defects).

9.2 Limitation of liability

CherryBox shall not be held liable in the event of:

Indirect, incidental or consequential damages resulting from the use of the products

Errors in the delivery address where the address provided by the Customer is incorrect or incomplete

Delivery delays due to events beyond our control, such as strikes, exceptional weather conditions or issues involving delivery partners

In any event, CherryBox’s liability shall not exceed the amount paid by the Customer for the box concerned, including in the case of direct damages related to the order.

9.3 Force majeure

CherryBox shall not be held liable for any failure or delay in the performance of its contractual obligations due to a force majeure event, as defined by case law, including strikes, natural disasters, wars, pandemics or any other circumstance beyond CherryBox’s control.

10. INTELLECTUAL PROPERTY
10.1 Copyright and Website content

The texts, logo and company name CherryBox are original creations protected by copyright and other intellectual property rights. These elements are the exclusive property of CherryBox, and any reproduction, representation, distribution or use without prior authorisation is prohibited.

10.2 Licensed content

Images, icons and other visual elements on the website www.CherryBox.com
originate from licensed image libraries. Their use is strictly governed by the terms of the applicable licences. These elements are used by CherryBox in compliance with associated rights and may not be reproduced or used outside this Website without the consent of the rights holders or platforms providing them.

10.3 Trademarks

The CherryBox logo and brand are registered trademarks. Any use of these trademarks without express prior authorisation is prohibited.

10.4 Licence to use Website content

Users are authorised to view the Website content for personal and non-commercial use only. Any other use, including for commercial purposes or redistribution, requires prior express authorisation from CherryBox or the relevant rights holders.

10.5 Links to the Website

Any hyperlink to the website www.boxsurprise.fr
must be subject to prior authorisation from CherryBox. CherryBox cannot be held liable for the content of external websites linking to its Website.

11. Personal Data

At CherryBox, we are committed to protecting your personal data and respecting your privacy. When you interact with our website www.mycherrybox.com
, we collect certain information to process your orders and manage your subscription.

The data we collect includes:

Identification information: first name, last name

Contact details: email address, telephone number

Delivery address: for shipping your boxes

Payment information: processed via Stripe (we do not store your payment details on our Website)

We use this information to:

Manage your orders and subscriptions

Send you information relating to your purchases and promotions

Improve your user experience on our Website

Data sharing: We work with service providers to facilitate order processing (e.g. Stripe for payments and delivery services such as Mondial Relay, Relay Colis, Colissimo). We do not sell or rent your personal data to third parties.

For more details on how we protect your data and your rights, please refer to our Privacy Policy, available via the dedicated link on the Website.

12. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are governed by French law. In the event of a dispute relating to the interpretation or performance of these terms, and in the absence of an amicable settlement, the French courts shall have jurisdiction.

If you are a consumer located within the European Union, you also have the option of using an alternative dispute resolution procedure, in particular via the online dispute resolution platform provided by the European Commission.