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Between the Company DELIVERBAG,
67, rue Saint-Jacques,
75005 Paris, France
With a share capital of 5000€,
Registered with the Trade and Companies Register of PARIS,
Under the number SIRET 827 705 476 00014,
Represented by Mr. Stanley CASTERAN as president, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the homepage of the site or by phone at +184.108.40.206.28.60
Hereinafter the "Seller" or the "Company".
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter, "the Buyer" or "the Customer".
On the other hand, it has been exposed and agreed as follows:
The Seller is a provider of PORTERAGE, DELIVERY AND CONSIGNE services for consumers, marketed through its website - https://www.deliverbag.com - or directly.
The list and description of the services offered by the Company can be consulted on the aforementioned site.
ARTICLE 1 ⁄
The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Services offered by the Vendor.
ARTICLE 2 ⁄
GENERAL TERMS AND CONDITIONS
These General Conditions of Sale (GCS) govern the sale of Services, by any means, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GCS are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GCS are available on the Company's website at the following address: https://www.deliverbag.com/en/cgv
The Company also ensures that their acceptance is clear and without reserve by setting up a checkbox and a validation click on the website or by mentioning them in the quote sent to the customer.
The Customer declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally able to contract under French law or validly represents the individual or legal entity for which he/she is contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 ⁄
Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the competent authorities, etc.).
The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company's website shall be borne by the Customer.
ARTICLE 4 ⁄
CONCLUSION OF THE CONTRACT
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to be able to carry out his order:
Information on the essential characteristics of the service
Choice of the service and, if applicable, of its options
Indication of the essential details of the Customer (identification, email, address...)
Acceptance of the present General Conditions of Sale
Verification of the elements of the order (double click formality) and, if necessary, correction of errors.
Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract.
Then, the instructions for payment will be followed, the products will be paid for, and the order will be delivered. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
During the ordering process, the customer will have the opportunity to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is French.
The terms and conditions of the offer and the general terms and conditions of sale are archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the "general terms and conditions of sale" section of these GCS, which can be consulted on the Seller's website at the following address: https://www.deliverbag.com.
The archiving of the communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
Delivery will be made to the address indicated by the Customer. For the purpose of the order, the Customer undertakes to provide true identification details.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 ⁄
PRODUCTS AND SERVICES
1. GENERAL TERMS AND CONDITIONS
The essential characteristics of the services are made available to the buyer on the company's websites.
In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by display or by any other appropriate process, of the prices and particular conditions of sale and execution of the services before any conclusion of the sales contract. The selling price of the product is the one in force indicated at the day of the order, this one not including the carriage costs charged in supplement. These possible expenses are indicated to the Purchaser during the process of sale, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the services are not performed immediately, clear information is provided to the customer. The customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information on the identity of the seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of the present sale. The Seller undertakes to honor the Customer's order within the limits of the cases of exclusions and force majeure (see Article 14). In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer.
The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the services offered for sale have no contractual value. The duration of validity of the offer of the services as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of services. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address communicated).
2. PORTERAGE SERVICE
1/ New portage request
→ At least one week before the arrival of the group
→ All new requests should be sent to the following email: firstname.lastname@example.org
2/ Before the delivery
→ Mandatory confirmation at least 48 hours in advance of the group's arrival/departure time. All confirmations must be sent to the following email address: email@example.com.
→ With less than 48h of the group's arrival time, we cannot guarantee to be able to take into account any schedule changes.
→ As a reminder, our Deliver(wo)men will be in place 15 min before the announced time.
3/ Delayed arrivals/departures
→ The arrival/departure of the group with more than one hour of delay will result in a fixed compensation of 50,00 € HT / per hour of delay.
→ Beyond 2 hours of delay of the group although we will do our best, we cannot ensure to be able to carry out the service and will probably be in the obligation to put an end to it while invoicing the latter.
ARTICLE 6 ⁄
In accordance with Article L.411-1 of the French Consumer Code, the services offered for sale through these GTCs meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the service.
ARTICLE 7 ⁄
TERMS OF DELIVERY
The service shall be performed at the delivery address that has been indicated and within the time frame indicated.
When the delivery requires an appointment with the Customer, the Seller and the Customer must ensure the punctuality required by both parties.
In the event of delay or absence on the part of the Customer following an appointment for pick-up and/or delivery, the Seller reserves the right to charge the price of the additional pick-up and/or delivery.
In the event of a delay in pick-up and/or delivery, the Customer may cancel the contract in accordance with the terms and conditions set forth in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the service and the pick-up and/or delivery costs in accordance with Article L 138-3 of the Consumer Code.
The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order.
The Seller reminds that when the Customer takes physical possession of his luggage, the risks of loss or damage of the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
It is expressly agreed that the total value of each piece of luggage and its contents must not exceed 1000 euros. Therefore, the customer agrees to ensure the value of each baggage before handing it over to us.
ARTICLE 8 ⁄
In case of impossibility of execution of a service for a period higher than 1 working day, you will be immediately warned of the foreseeable delays of the execution of this service. The latter can be cancelled on request. The Customer will then be able to ask for a credit note for the amount of the service or its complete refund and the cancellation of the order.
ARTICLE 9 ⁄
Payment is due immediately upon confirmation of the order. The Customer may make payment by bank transfer. In case of non-payment of the full amount of the service before the execution of the latter, the seller reserves the right to cancel it.
ARTICLE 10 ⁄
We guarantee the pecuniary consequences of the contractual liability that we may incur during the land transport of goods or objects entrusted to us in the context of our commercial activities.
The guarantees begin as soon as the goods or objects are taken in charge and cease when they are handed over to the recipient.
→ "ALL RISKS" COVERAGE
We guarantee all damages and material losses suffered by the goods or objects transported, as well as consequential immaterial damages, subject to the exclusions provided for both in these General Provisions and in the Specific Provisions. Coverage for theft risks is acquired under the conditions set out in the Special Provisions of this contract.
→ DURATION OF THE GUARANTEE
Our guarantee defined above is acquired for a period corresponding to the execution of the service subscribed (from the date of pick-up to the date of delivery).
→ AMOUNT OF THE GUARANTEES
Without being able to exceed the amount of our maximum commitment (1000€), the guarantees are exercised up to the justified amount of the damages and losses which cannot be higher than the limitations of responsibility which we can prevail ourselves by virtue of the legislative and regulatory texts.
ARTICLE 11 ⁄
COMPLAINTS AND MEDIATION
The Buyer can present any complaint by contacting the company by e-mail or by filling in the contact form, accessible via the website.
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure to file a claim with the Seller's customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to reach an amicable solution.
ARTICLE 12 ⁄
TERMINATION OF THE CONTRACT
The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:
Execution of a service that does not comply with the characteristics of the order.
Taking charge and / or delivery exceeding the deadline fixed at the time of the order or, in the absence of date, in the thirty days following the payment.
Unjustified price increase or modification of the product.
In these cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
ARTICLE 13 ⁄
INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 ⁄
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 15 ⁄
NULLITY AND MODIFICATION OF THE CONTRACT
If any provision of this Agreement is invalidated, such invalidity shall not invalidate the remaining provisions which shall remain in full force and effect between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
ARTICLE 16 ⁄
GENERAL DATA PROTECTION
REGULTATION - GDPR
The information on this page is intended to:
→ Give you visibility into the personal data and information we collect
→ Inform you about the use we make of this data
→ To inform you about your rights regarding the management, access and rectification of this data, as well as its retention and deletion.
The person in charge of the data processing is :
67 rue Saint-Jacques,
75005 Paris - France
Email : firstname.lastname@example.org
16.2/ THE INFORMATION COLLECTED
A. PERSONAL DATA
In order to benefit from Deliverbag's luggage management solutions, you are required to provide us with information, some of which is likely to identify you, i.e. your personal data.
This is particularly the case when you contact us, whether by telephone, e-mail or any other means of communication. Thus, information such as your name, first name, address(es), details of operations carried out on our platform, details of your visits to our website, are all data that we keep carefully and securely in order to be able to respond to the various controls of the CNIL or accounting and financial.
B. NAVIGATION DATA
During each of your visits to our website, we may collect, in accordance with applicable law and with your consent, information automatically.
This information concerns the media on which you use our services or the networks from which you access our services: IP addresses, connection data, types and versions of Internet browsers. It also includes information about your visit to our website or application, such as the URLs of the pages you visit, the content you access or view, the search terms you use, download errors, and the length of time you spend viewing our pages.
16.3/ HOW THE DATA COLLECTED IS USED
The data that we collect, process and store allows us to identify you and to offer you our services. We only collect data that enables us to carry out the service you have requested. Under no circumstances do we sell your personal information to third parties.
In addition, we seek assurances from service providers acting as data suppliers that they will comply with the rules set forth in the GDPR.
A. HOW DO WE USE THE DATA WE COLLECT?
The following is a comprehensive list of the purposes for which we collect your personal data and how we use it.
→ CUSTOMER COMMUNICATIONS
To send information and information related to the use of our services, to inform you of news and changes to our service or booking terms.
→ COMMUNICATIONS FROM DELIVERBAG
Deliverbag may use the information collected to communicate with you about products, services, promotions, studies, surveys, news, updates and events. Deliverbag may also use this information to promote and administer contests and sweepstakes, award associated prizes, and deliver targeted advertisements and content to users regarding our services and those of our business partners.
→ MARKETING MESSAGES
To send you, in accordance with applicable legal provisions and with your consent where required by law, advertising and/or promotional messages or to advise and suggest additional services/options and news that may be of interest to you. The collection of your data allows us to adapt our messages according to the user profile and to analyze the quality and effectiveness of our advertising messages.
→ CUSTOMER SERVICE AND SUPPORT
To exchange with you in the context of service provision: various information, questions about your order, potential dissatisfactions.
→ LEGAL PROCEEDINGS AND LEGAL REQUIREMENTS
We may use the information we collect to investigate or respond to claims and/or disputes regarding your use of the Deliverbag Services, or to respond to requests from regulatory agencies or government entities, or in connection with administrative investigations.
→ RESEARCH AND DEVELOPMENT
To analyze, detect and improve the quality and security of our service, to develop new features, to provide you with enhancements and to expand our range of services.
→ COMMUNICATIONS FOR THE PROPER PERFORMANCE OF THE SERVICE.
Deliverbag uses the information collected to enable communication between employees. For example, Deliverbag may call or text a customer regarding their order to confirm the pick-up location, drop-off location or in case of delays.
B. DATA RETENTION PERIOD
Deliverbag keeps Personal Data for no longer than is necessary for the purposes for which it was collected.
In determining the appropriate retention period, account is taken of the amount, nature and sensitivity of the personal data, the purposes for which we process it and the possibility of achieving those purposes by other means.
Deliverbag deletes or anonymizes this information in accordance with applicable laws. We remind you that the collection of your personal data serves exclusively for the proper execution of the Deliverbag services in order to best satisfy our customers.
16.4/ RIGHT OF ACCESS TO YOUR DATA
As explained above (III.), in addition to enabling the service to be performed properly, this data allows us to generate invoices, send you communications, provide you with assistance, or improve the service we offer you.
Deliverbag provides you with the means to control the information we collect. For example, you can choose to unsubscribe from our various newsletters or marketing and promotional communications at any time by simply clicking on the unsubscribe links at the bottom of each communication.
A single unsubscription is sufficient to no longer receive any of our communications. You may also at any time request Deliverbag to provide you with a copy of your personal and navigational data, to explain their meaning, to correct them or to delete them.
To exercise any of these rights, you may write directly to: email@example.com
16.5/ INFORMATION & MODIFICATION
We reserve the right to modify this data protection undertaking in accordance with applicable regulatory requirements.
We will inform you of any significant changes, such as any changes to the current purposes of processing or the possible addition of further purposes of processing.
A. DEFINITION OF A COOKIE
A cookie is a text file deposited on the Internet user's browser by the server of the visited site or possibly by a third party server. The cookie makes it possible to identify and recognize a visitor during his navigation on a website thanks to a unique identifier. Within the computer, cookies are administered by the browser. No personal data is transmitted in a cookie (name, first name, email address...).
B. INFORMATION ON THE COLLECTION
For example, we measure the frequency of visits to certain pages of the site. This is done in order to improve the quality of our website.
C. COOKIES ISSUED BY DELIVERBAG
Cookies related to the use of our website: These are strictly necessary or related to the functionality and are essential to the use of the website. These cookies will allow you to use the basic features, to navigate between the different pages.
D. COOKIES FROM THIRD PARTIES
These are cookies that are not deposited by Deliverbag, but by third party companies. They are however validated by Deliverbag. These cookies are mainly intended to understand and analyze the behavior of Internet users within our website and to allow us to personalize the advertising offers that our partners can send you.
Analytics, performance and audience measurement cookies: These cookies generate anonymous data that allows us to analyze the performance of our website, detect problems and study behavior in order to improve the experience of our users. Deliverbag uses Google Analytics and Google Ads.
You can accept or refuse certain cookies by setting your browser. In this way, it is possible for you:
→ to systematically save all cookies ;
→ to configure your browser so that it allows you to accept or refuse the cookies that are regularly proposed to you on each of the sites you visit:
→ to prevent Google Analytics from tracking you on all websites, see https://tools.google.com/dlpage/gaoptout.
→ to systematically refuse all cookies. In this case, Deliverbag declines all responsibility for possible malfunctions or difficulty in using certain features.
If you have any questions about our cookie use policy, you can contact: firstname.lastname@example.org
ARTICLE 17 ⁄
APPLICABLE LAW AND CLAUSES
All the clauses appearing in the present general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French law.
The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
ARTICLE 18 ⁄
1. TYPOLOGY OF THE LUGGAGE
Is considered as a luggage:
-> Carry-on baggage
-> Hold luggage
->Sports bag and sports equipment
And in a more general way any object having the function of container in the broad sense which can be entrusted to us.
2. OBLIGATION OF THE
OWNER OF THE LUGGAGE
The Baggage Owner declares that he/she is fully aware of the contents of each Baggage item. The Baggage Owner is fully responsible for its contents.
→ The Baggage Owner is advised to avoid including perishable materials or fragile items in his/her Baggage. If, however, the Baggage Owner does include such materials or objects in his or her Baggage, he or she shall ensure that they are properly and securely packed and protected in suitable containers so as not to damage such objects and materials.
3. ITEMS NOT ALLOWED
Baggage Owner shall not include in his or her Baggage any item the carriage of which is prohibited or restricted by applicable regulations and law in any state of departure, destination, or transit, including but not limited to:
Items which may constitute a danger to the Carrier, persons or property on board, such as those specified in the International Civil Aviation Organization (ICAO) and International Air Transport Association (IATA) Dangerous Goods Regulations and Carrier's own regulations, as applicable (additional information is available upon request from Carrier's offices).
This includes the following items:
→ Weapons and ammunition
→ Devices for scientific or other use
→ Explosives, fireworks and firecrackers
→ Gas and liquid nitrogen in apparatus, bottles, or cartridges
→ Fuels, flammable liquids - powders
→ Engines, large tools, vehicles and spare parts
→ Protected animals and plants
→ Live organs
→ Narcotics, drugs and related materials
→ Medical devices and articles (consult us if necessary)
→ Dangerous products: aerosol, detergent, fire extinguisher, lead, asbestos, etc...
→ Money and valuables: coins, banknotes, credit cards, timepieces, checks, lottery tickets, gold, silver, precious stones, valuable jewelry, valuable paintings, precious metals.
→ Miscellaneous: immoral items, counterfeit items, passport and identity card, etc...
In addition, for international services you are also subject to all applicable regulations in force and to the rules of transporting luggage in the hold.
4. RIGHT TO REFUSE
THE TRANSPORT OF LUGGAGE
The Carrier may, for safety and/or security reasons, refuse to carry or continue to carry the Baggage of the Baggage Owner if it contains the items listed in Article 18 above or if the Baggage Owner has not complied with the obligations set forth in Article 18. Carrier is under no obligation to take custody of Baggage and/or items refused.
ARTICLE 19 ⁄
The cancellation policy is as follows:
D-30 to D-3 of the service: 50% cancellation fee
D-2 to D-D of the service: 100% cancellation fee
ARTICLE 20 ⁄
Insurance : Allianz IARD
Company governed by the Insurance Code. 991,967,200 1 cours Michelet - CS 30051 - 92076 Paris La Défense Cedex 542 110 291 RCS Nanterre
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