1. General Provisions and Scope
These General Conditions of Sale (“GCS”) apply to all commercial relations between PLATAFORMA LE DOME, S.L., operating under the commercial name LE DÔME, and its professional customers, and govern all transactions entered into between the parties, irrespective of their nature or subject matter.
These GCS form an integral part of the contractual relationship between LE DÔME and the Customer. Any specific terms expressly agreed between the parties in connection with a particular transaction shall prevail over these GCS to the extent of any inconsistency.
Any terms or conditions of the Customer shall apply only where expressly accepted in writing by PLATAFORMA LE DOME, S.L.
The version of these GCS applicable to a transaction shall be the version in force on the date on which the relevant contract is concluded. By entering into a contractual relationship with PLATAFORMA LE DOME, S.L., the Customer acknowledges having received or been given access to these GCS and having accepted them.
2. Offers and Conclusion of Contract
Unless expressly stated otherwise, offers and quotations issued by PLATAFORMA LE DOME, S.L. are subject to availability and to the terms and validity period specified therein.
A contract shall be deemed concluded when the Customer’s order or acceptance has been expressly confirmed by PLATAFORMA LE DOME, S.L. in writing. Written confirmation by email or other agreed electronic means shall be sufficient for this purpose.
The terms set out in the relevant quotation, order confirmation or other specific contractual document shall form an integral part of the contract and shall prevail over these GCS in the event of any inconsistency.
Any amendment or additional requirement requested after conclusion of the contract shall be subject to the express agreement of PLATAFORMA LE DOME, S.L. and may result in corresponding adjustments to the price, terms or performance of the transaction.
3. Containers, Condition and Specifications
The provisions of this Article apply specifically to transactions involving shipping containers.
Each container shall be offered and sold according to the condition, specifications and other relevant characteristics stated in the corresponding quotation, order confirmation or other contractual documentation.
Used containers may show signs of previous use, age and exposure to operational and environmental conditions. Such characteristics shall not constitute a defect where they are consistent with the condition in which the container was offered and sold.
To facilitate the Customer’s assessment of the condition of a container, LE DÔME may provide photographs, inspection reports, repair estimates or other available documentation where such material is available. Unless expressly agreed otherwise, the absence of such material shall not alter the condition or specifications under which the container is offered.
Any specific requirement concerning the container’s condition, specifications or intended use must be communicated by the Customer and expressly agreed before the transaction is concluded.
4. Container Transformation and Third-Party Services
Where a transaction includes the transformation, modification or adaptation of a container, the scope of the works, technical specifications and any particular requirements shall be those expressly agreed with the Customer in the relevant quotation, order confirmation or project documentation.
Transformation works may involve architects, engineers, workshops, manufacturers or other specialised third parties selected according to the requirements of the project. LE DÔME may coordinate such parties as part of the agreed transaction.
Any drawings, plans, specifications or other project documentation requiring Customer approval must be reviewed and approved before the corresponding works are carried out. Changes requested by the Customer after approval or once the works have commenced may affect the price, technical feasibility and agreed completion times and shall be subject to prior acceptance.
Unless expressly included within the agreed scope of the project, permits, licences, administrative authorisations, site preparation and compliance requirements relating to the installation or final use of the transformed container shall remain outside the contractual obligations of LE DÔME.
Completion and delivery dates relating to transformation works shall be subject to the agreed project specifications and, where applicable, to the timely performance of the specialised third parties involved.
5. Prices and Taxes
Prices shall be those specified in the relevant quotation, order confirmation or other contractual documentation and shall be expressed in the currency indicated therein.
Unless expressly stated otherwise, all prices are quoted exclusive of VAT and any other applicable taxes, duties, customs charges or similar levies.
Any costs relating to transport, handling, storage, customs formalities or other ancillary services shall be included only where expressly stated in the relevant quotation or contractual documentation.
Where taxes, duties or other charges applicable to a transaction depend on its nature, destination, customs status or other circumstances, they shall be applied in accordance with the legislation applicable to the transaction.
6. Payment Terms
Unless otherwise expressly agreed in writing, payment shall be made in full and in advance in accordance with the payment instructions and deadline specified in the relevant quotation, order confirmation or invoice.
Payment shall be deemed effective only when the corresponding funds have been received and credited to the bank account designated by PLATAFORMA LE DOME, S.L.
Where different payment terms have been expressly agreed between the parties, payment shall be made strictly in accordance with those terms and within the agreed deadlines.
LE DÔME may suspend the performance of its obligations, withhold the release or delivery of goods, or postpone the commencement or continuation of services until any amount due has been received in full.
The goods shall remain the property of PLATAFORMA LE DOME, S.L. until all amounts due in connection with the transaction have been paid in full, even where the goods have already been collected, transported, relocated, delivered or placed in the possession of the Customer, a carrier, depot, terminal or any other third party.
Any bank charges or other costs associated with the Customer’s payment shall be borne by the Customer, unless otherwise expressly agreed.
7. Availability, Allocation and Release
Where a transaction involves goods or shipping containers subject to availability, the availability indicated in an offer or quotation shall remain subject to confirmation until the transaction has been concluded and any required payment has been received.
Unless a specific container has been expressly identified and allocated to the Customer, container numbers may be assigned at the time of release or collection, according to the operational availability applicable to the transaction.
Where applicable, LE DÔME shall provide the Customer with the release or other documentation necessary for collection once the conditions applicable to the transaction have been fulfilled.
The Customer shall comply with the validity period, collection instructions and operational requirements stated in the release or otherwise communicated in connection with the transaction.
Availability, allocation and release may be affected by circumstances outside the reasonable control of LE DÔME, including the operational requirements of shipping lines, container owners, terminals, depots or other third parties involved in the transaction.
8. Collection, Delivery and Transport
The collection, delivery and transport arrangements applicable to each transaction shall be expressly stated in the relevant quotation, order confirmation or other contractual documentation.
In transactions involving shipping containers, the agreed delivery terms may include collection from a depot or other designated location, Free on Truck (FOT), Delivered at Place (DAP), Free on Board (FOB), direct delivery or other collection or delivery arrangements expressly agreed between the parties. Where an Incoterm is expressly used, it shall be interpreted in accordance with Incoterms® 2020, unless otherwise stated in the relevant contractual documentation.
Where a shipping container is collected from a depot, terminal or other designated location, the Customer shall contact the relevant facility sufficiently in advance and organise the collection in accordance with its procedures, opening times and collection instructions.
Where a container is delivered to the Customer’s premises or to another location designated by the Customer, the Customer shall ensure adequate access and suitable site conditions and shall provide, at its own cost unless otherwise expressly agreed, the personnel and equipment necessary for unloading and positioning the container. Any additional costs resulting from inadequate access, waiting time, failed delivery or the absence of the necessary unloading equipment shall be borne by the Customer.
For transactions involving other goods, the collection, shipment, transport, insurance, handling and delivery arrangements, including the corresponding costs, shall be expressly agreed in writing between the parties for each transaction.
Collection, delivery and transport dates or timeframes are subject to the operational conditions applicable to the transaction and, unless expressly confirmed as binding in writing, shall be considered indicative.
9. Transfer of Risk and Title
The transfer of risk in respect of any goods shall take place in accordance with the collection or delivery terms expressly agreed for the relevant transaction and, where applicable, the Incoterm specified in the contractual documentation.
The Customer shall verify the goods at the time and place at which inspection is reasonably possible and, in the case of collection from a depot, terminal or other designated location, before removing the goods whenever the applicable operational conditions permit such inspection.
Any apparent damage, discrepancy or non-conformity must be reported without undue delay and, wherever reasonably possible, before collection or acceptance of the goods, together with appropriate supporting evidence.
Collection or acceptance of the goods without reservation shall constitute acceptance of their apparent condition, without prejudice to any claim concerning a non-conformity that could not reasonably have been identified at that time.
10. Inspection, Acceptance and Claims
The Customer shall inspect the goods immediately upon receipt and verify that their condition, specifications and characteristics correspond to those expressly agreed for the relevant transaction.
In the case of shipping containers collected from a depot, terminal or other designated location, the Customer shall inspect the container before removal whenever the applicable operational conditions permit such inspection.
Any apparent damage, discrepancy or non-conformity must be notified to LE DÔME in writing within 24 hours of receipt or, in the case of a container inspected at the collection location, before removal whenever reasonably possible. The notification must include sufficient information and supporting evidence, including photographs where appropriate, to allow the reported issue to be identified and assessed.
The condition and conformity of any goods shall be assessed by reference to the condition, specifications, characteristics and other requirements expressly agreed for the relevant transaction.
In the case of shipping containers purchased in AS IS condition, the condition of the unit shall not be subject to claim or rejection. Where, prior to the conclusion of the transaction, the sale was expressly based on an inspection report, damage report, repair estimate or other documentation describing the condition of the container, a claim may be made only where the actual condition of the unit materially differs from the condition documented and agreed at the time of purchase.
Goods or containers that have been collected or accepted despite an apparent non-conformity, or subsequently used, repaired, altered, modified or otherwise handled in a manner affecting their original condition, shall not be eligible for a claim in respect of an apparent issue that was not notified within the above-mentioned period.
Any non-conformity that could not reasonably have been identified during the initial inspection must be notified to LE DÔME in writing promptly after its discovery, together with sufficient supporting evidence.
LE DÔME shall be given a reasonable opportunity to inspect the goods or otherwise assess the reported issue before any repair, modification or other corrective action is undertaken by the Customer or a third party, except where immediate action is reasonably necessary to prevent further damage.
11. AS IS and Used Containers, condition and liability
For each shipping container transaction, the condition and relevant characteristics of the unit shall be specified in the quotation, order confirmation or other contractual documentation applicable to the sale.
Depending on the transaction, such information may include whether the container is new or used, AS IS or Cargo Worthy, whether it has a valid CSC plate, whether it is an ex-lease unit, whether remarking is required, and any other condition or specification relevant to the sale.
Used containers may show signs of previous use, including wear, corrosion, dents, repairs, markings or variations in appearance. Such characteristics shall not constitute a defect where they are consistent with the condition in which the container was expressly offered and sold.
An AS IS container is sold in its existing condition at the time of the transaction. LE DÔME does not undertake to repair, restore or upgrade an AS IS unit to another condition or standard unless expressly agreed as part of the transaction.
12. Customs Status and Import Formalities
Unless otherwise expressly agreed and specified in the relevant quotation, order confirmation or other contractual documentation, shipping containers sold by LE DÔME are traded under a temporary admission regime, reflecting their nature as movable equipment intended for international circulation.
Accordingly, the sale of a container does not, in itself, imply that the unit has been definitively imported or customs-cleared in the country in which it is located or delivered.
Where the Customer intends to permanently import, retain or use the container in circumstances requiring definitive importation or regularisation of its customs status, the Customer shall be responsible for the corresponding customs formalities and for any applicable duties, taxes, charges or other requirements, unless otherwise expressly agreed as part of the transaction.
The Customer shall comply with any customs requirements applicable to the subsequent movement, importation, regularisation or use of the container following the sale.
Where LE DÔME expressly undertakes to perform or coordinate specific customs formalities as part of the transaction, the scope and cost of such services shall be those expressly agreed between the parties.
For transactions involving other goods, responsibility for any import, export or other customs formalities, and for any related duties, taxes, charges, costs or other obligations, shall be expressly agreed in writing between the parties for each transaction, taking into account the nature of the goods concerned.
13. Release Validity and Storage Charges
In shipping container transactions, the applicable collection period, release validity and, where relevant, any free storage period or subsequent storage charges shall be those stated in the release or in the corresponding collection documentation provided for the transaction.
The Customer is responsible for checking and complying with the conditions and deadlines stated in such documentation.
Where the container is not collected within the applicable period, all resulting costs shall be borne by the Customer, including, where applicable, storage, gate-in and gate-out charges, handling, container movements, repositioning or relocation to another depot, pool or storage facility, and any other operational costs arising from the delayed collection.
14. Force Majeure and Events Beyond Our Control
LE DÔME shall not be liable for any delay or failure to perform its contractual obligations where such delay or failure results from circumstances beyond its reasonable control.
Such circumstances may include, without limitation, natural disasters, extreme weather conditions, fire, war, civil unrest, strikes, port or terminal disruptions, transport interruptions, shipping line restrictions, customs or governmental measures, infrastructure failures, shortages, or other events that prevent or materially affect the performance of the transaction.
Where such circumstances occur, the affected obligations shall be suspended for the duration of the event to the extent that their performance is prevented or materially affected.
LE DÔME shall inform the Customer within a reasonable period where such an event materially affects the performance of the transaction and, where possible, the parties shall seek a reasonable alternative solution.
If the circumstances continue for a period that makes performance of the transaction no longer reasonably practicable, either party may terminate the affected transaction without liability for the non-performance caused by those circumstances.LE DÔME shall not be liable for any delay or failure to perform its contractual obligations where such delay or failure results from circumstances beyond its reasonable control.
Such circumstances may include, without limitation, natural disasters, extreme weather conditions, fire, war, civil unrest, strikes, port or terminal disruptions, transport interruptions, shipping line restrictions, customs or governmental measures, infrastructure failures, shortages, or other events that prevent or materially affect the performance of the transaction.
Where such circumstances occur, the affected obligations shall be suspended for the duration of the event to the extent that their performance is prevented or materially affected.
LE DÔME shall inform the Customer within a reasonable period where such an event materially affects the performance of the transaction and, where possible, the parties shall seek a reasonable alternative solution.
If the circumstances continue for a period that makes performance of the transaction no longer reasonably practicable, either party may terminate the affected transaction without liability for the non-performance caused by those circumstances.
15. Limitation of Liability
LE DÔME shall be liable only for direct loss or damage resulting from a breach of its contractual obligations and to the extent that such loss or damage is attributable to LE DÔME.
To the extent permitted by applicable law, LE DÔME shall not be liable for indirect or consequential loss or damage, including loss of profit, loss of business, loss of opportunity, loss of production or other commercial or economic losses resulting from the transaction.
LE DÔME shall not be liable for loss, damage, delay or additional costs resulting from acts or omissions of the Customer, failure by the Customer to comply with the agreed conditions or instructions, or circumstances beyond the reasonable control of LE DÔME.
In shipping container transactions, the manufacture, international transport, availability, release, customs clearance, handling and delivery of containers may depend on shipping lines, manufacturers, terminals, depots, customs authorities and other parties involved in the international transport and logistics chain. Such parties operate subject to their own legal, regulatory, customs and operational requirements, procedures and timeframes, which are outside the control of LE DÔME. Accordingly, LE DÔME shall not be liable for delays, changes in schedules, operational restrictions, release delays or other disruptions resulting from the acts, decisions, requirements or operational constraints of such third parties.
Any manufacturing, shipping, arrival, release, collection or delivery dates communicated by LE DÔME shall therefore be considered indicative unless expressly confirmed in writing as binding.
Nothing in these GCS shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.
16. Governing Law and Jurisdiction
These GCS and all contractual relations between PLATAFORMA LE DOME, S.L. and the Customer shall be governed by Spanish law.
Unless otherwise expressly agreed in writing, any dispute arising out of or in connection with these GCS or any transaction between the parties, including its interpretation, performance, breach or termination, shall be submitted to the competent courts and tribunals of Alicante, Spain.
This provision shall apply without prejudice to any mandatory rules of jurisdiction or applicable law that cannot lawfully be excluded by agreement between the parties.
17. Final Provisions
If any provision of these GCS is found to be invalid, unlawful or unenforceable, in whole or in part, this shall not affect the validity or enforceability of the remaining provisions.
Any amendment, exception or specific condition relating to a particular transaction shall be valid only where expressly agreed in writing between the parties.
The failure or delay of either party to exercise any right arising under these GCS or the relevant transaction shall not constitute a waiver of that right.
These GCS may be updated or amended by PLATAFORMA LE DOME, S.L. from time to time. The version applicable to each transaction shall be the version in force on the date on which the relevant contract is concluded.
Any error, inconsistency or other issue identified in these GCS may be communicated to PLATAFORMA LE DOME, S.L. at contact@ledomesl.com.
Last updated: September 2026