S.A.S. DELIVERBAG, a simplified joint stock company with share capital of €5,000, registered with the PARIS Trade and Companies Register under SIRET number 827 705 476 00014, having its registered office at 67, rue Saint-Jacques, 75005 Paris, France, represented by Mr Stanley CASTERAN in his capacity as Chairman, duly authorised for the purposes hereof,
Hereinafter referred to as the Seller,
On the one hand,
AND
The natural or legal person purchasing products or services from the Seller,
Hereinafter referred to as the Order Giver,
On the other hand,
The Seller is a provider of luggage shipping, delivery and storage services for consumers, marketed through its website. http://www.deliverbag.com or direct. The list and description of the services offered by the Company can be consulted on the aforementioned website.
The Seller can be contacted by e-mail by clicking on the contact form accessible via the home page of the site, via the dedicated interfaces or by telephone on +33 1 87 66 38 66.
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Services offered by the Seller.
These General Terms and Conditions of Sale (GTCS) govern the sale of Services, by whatever means, and are the law of the parties to the Contract between the Seller and the Customer. They are fully enforceable against the Customer, whose consent and acceptance are acquired as soon as the order is placed.
The Vendor reserves the right to amend these General Terms and Conditions at any time by publishing a new version on its website. The GTC applicable at that time are those in force on the date of the order and/or payment (or first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company's website: https://www.deliverbag.com
The Seller also ensures that their acceptance is clear and unreserved by placing a checkbox and a validation click on the website or by mentioning them in the quotation sent to the customer.
The Customer declares that he/she has read and understood all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale relating to a service, in particular the standard contract of the public road haulage code. (https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000034330431), This acceptance is without restriction or reservation.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.
The Customer declares that he/she is legally capable of entering into a contract under French law or that he/she is validly and duly authorised to represent the natural or legal person on whose behalf he/she is entering into a contract.
In the absence of proof to the contrary, the information recorded by the Seller constitutes proof of all transactions.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They shall be borne by the Order Giver and are the sole and exclusive responsibility of the Order Giver (declarations, payment to the competent authorities, etc.).
The Customer has a duty to obtain information on these aspects from the relevant local authorities.
The Seller reserves the right to modify its prices as of right in the following cases:
In the case of delivery services, as the Order Giver is the party who informs the Seller of the bus arrival time, it will be liable to the Seller for any delay in the arrival of the buses, and penalties will be applied as follows:
In accordance with the provisions of article 1127-1 of the French Civil Code, the Customer must follow a series of steps in order to conclude the contract by electronic means:
Before confirming the order, the Customer may check the details of the order and its price, and correct any errors or cancel the order. Confirmation of the order by both parties will result in the formation of this contract.
During the ordering process, the Customer will have the opportunity to identify any errors made in entering data and to correct them. 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. The professional and commercial rules to which the Order Giver is subject 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.
Communications, orders, order details and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with the provisions of article 1360 of the French Civil Code. This information may be produced as proof of the contract.
Delivery will be made to the address indicated by the Customer. In order for the order to be carried out correctly, the Customer undertakes to provide truthful 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.
The essential characteristics of the services are made available to the Customer/Principal on the Vendor's website.
In accordance with article L112-1 of the Consumer Code, the consumer is informed, by display or by any other appropriate means, of the prices and specific conditions of sale and performance of the services before any conclusion of the sales contract. The sale price of the product is that in force on the day of the order, which does not include the delivery charges invoiced in addition. These costs, if any, are indicated to the Customer during the sales process, and in any event at the time of order confirmation. 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.
Where services are not carried out immediately, clear information shall be provided to the Customer. The Customer certifies that he/she has received details of the delivery costs and the methods of payment, delivery and performance of the contract, as well as detailed information concerning 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 honour the Order Giver's order, except in the event of exclusions or force majeure (cf. Article 14). Failing this, the Seller shall inform the Customer if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of the services offered for sale have no contractual value. The period of validity of the offer of services and their prices is specified on the Vendor's websites, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of services. Except in the case of special conditions, the rights granted hereunder apply solely to the natural person who signs the order (or the holder of the e-mail address communicated).
1/ New Portage request:
2/ Before the Portage service :
3/ Late arrivals/departures :
In accordance with Article L.411-1 of the French Consumer Code, the services offered for sale under these GTCs comply with the provisions in force relating to personal health and safety, fair trading and consumer protection. Irrespective of any commercial guarantee, the Seller remains liable for any lack of conformity or hidden defects in the service.
The service is carried out at the delivery address indicated by the Customer and within the timeframe indicated.
Where delivery requires an appointment to be made with the Customer, the Seller and the Customer are mutually responsible for ensuring the punctuality required between the 2 parties.
In the event of delay or absence on the part of the Customer following an appointment for collection and/or delivery, the Seller reserves the right to re-invoice the price of the additional collection and/or delivery.
In the event of a delay in acceptance and/or delivery, the Customer may cancel the contract under the conditions set out in the standard contract applicable to public road haulage, unless otherwise agreed by both parties.
The Seller shall provide the Customer with a contact person, who may be contacted by telephone and/or electronically (cost of a local call from a landline) prior to the service.
The Seller points out that when the Customer takes physical possession of his luggage, the risks of loss or damage to the products are transferred to him. It is the responsibility of the Customer to notify the carrier of any reservations regarding the product delivered, in accordance with the conditions set out in the standard contract applicable to the public road transport of goods.
It is expressly agreed that the total value of each item of baggage and its contents must not under any circumstances exceed €1000. Consequently, the Customer undertakes to ascertain the value of each item of luggage before handing it over to the Seller, the latter's liability being excluded for any excess in value over €1000.
If additional baggage is handed over to the Seller in excess of that specified and this causes an overload, the Seller may refuse to accept it.
The customer must ensure that each item of baggage is labelled with the name and address of the person owning the baggage and provide a list of the persons for whom the baggage is being transported.
If the baggage is not labelled, the seller may provide labels so that the customer can label each item of baggage and enter the relevant ownership information.
The customer is liable for any illegal content that may be found in any baggage that is not labelled/whose owner cannot be identified in the event of an inspection by the competent authorities.
If it is impossible to carry out a service for a period of more than 1 working day, the Customer will be informed immediately of the foreseeable delays in carrying out this service. The service may be cancelled on request. The Customer may then request a credit note for the amount of the service or a full refund and cancellation of the order.
The payment period for services rendered is set at 30 days by Article L. 441-6 of the French Commercial Code, upon issue of the invoice, by bank transfer made by the Customer. No discount for early payment.
Late payment penalties: 5 times the legal interest rate in force at the time the invoice is issued. Collection costs of €40.
In the event of non-payment of the deposit requested and agreed for the service, no later than 7 days before the start of the service, the Seller reserves the right to cancel the service.
We cover the pecuniary consequences of the contractual liability that we may incur during the land transport of goods or objects that you entrust to us as part of our commercial activities.
Cover begins as soon as the goods or objects are taken over and ceases when they are handed over to the recipient.
→ We cover all damage and material loss suffered by the goods or objects transported, subject to the exclusions provided for both in these General Provisions and in the Specific Provisions. The risk of theft is covered under the conditions set out in the Specific Provisions of this contract.
Our guarantee as defined above applies to you for a period corresponding to the performance of the subscribed service (from the time of collection to the time of delivery).
Without being able to exceed the amount of our maximum commitment (€1,000/package), cover applies up to the justified amount of the damage and loss, which cannot exceed the limitations of liability that we can invoke by virtue of legislative and regulatory texts, in particular the standard contract applicable to the public road transport of goods.
The Buyer may submit any complaint by registered letter with acknowledgement of receipt and in accordance with the provisions applicable to the standard contract applicable to public road haulage 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 set out in Title I of Book VI of the Consumer Code.
If the consumer's request for a complaint to the Seller's customer service fails, or if there is no response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt in the following cases:
Performance of a service that does not comply with the order specifications.
Takeover and/or delivery beyond the deadline set when the order was placed, without derogating from the provisions of the standard contract applicable to public road haulage.
Unjustified price increase or product modification.
In such cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
Trademarks, domain names, products, software, images, videos, texts and, 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.
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent the performance thereof. The seller shall notify the Customer as soon as it is aware of the occurrence of such an event preventing performance of the service.
Should any of the stipulations of this contract be invalidated, this shall not invalidate the other stipulations, which shall remain in force between the parties. Any contractual modification is only valid after a written amendment has been drawn up and signed by the parties, which constitutes agreement and novation of their original contractual commitment.
When you use DELIVERBAG, you entrust us with your personal data. We are committed to honouring your trust. That's why we start by helping you understand our privacy practices.
This statement describes the personal data («data») we collect, how we use and share it, and your choices in relation to it. You are advised to read this document and the privacy statement, which outlines the main points of our privacy practices and provides summaries of the data we collect and how we use it.
The data controller is :
DELIVERBAG,
67 rue Saint-Jacques,
75005 Paris - France
Email : privacy@deliverbag.com
→ Scope
This declaration applies to users of the application and the website.
This declaration explains how DELIVERBAG collects and uses data. It applies to all DELIVERBAG users in the European Union. This statement applies specifically to the following users.
This statement also governs other data collection by DELIVERBAG in connection with its services. We may also collect the contact details of persons who manage and use the accounts of «Company Customer», as well as the details of people who start, but do not complete, their application to become «Deliver(wo)man».
All persons subject to this declaration are hereinafter referred to as «Users».
Our privacy practices are subject to the laws applicable in the areas where we offer our services.
DELIVERBAG collects data:
DELIVERBAG collects the following data from these sources:
This includes your account information:
These include :
These include :
DELIVERBAG uses data to offer users convenient and reliable products and services (carrying, delivery and other). We also use data :
DELIVERBAG uses the data collected for :
DELIVERBAG uses data to provide, personalise, maintain and improve its services.
This includes the use of data for the following purposes:
We use data to promote the security and integrity of our services and our users.
These include :
We use data for analysis, machine learning, product development, research and testing. This enables us to offer services that are more convenient and easier to use, as well as being safer and more secure. We are also able to develop new services and new functionalities.
DELIVERBAG carries out the above activities when they are necessary to serve its legitimate interests in improving its services and functionalities or developing new services and functionalities.
DELIVERBAG may use the data to send surveys and other communications that are not intended to promote its services or products or those of its partners. We may also send users communications about elections, voting, referendums and other political processes in connection with our services.
DELIVERBAG carries out the above activities when they are necessary in order to comply with the terms of its agreements with users, or in order to serve its legitimate interests and those of its users by informing users about events that may have an impact on their use of DELIVERBAG services.
We use data to investigate or process claims or disputes related to the use of DELIVERBAG services, to comply with applicable laws, regulations, licenses or operating agreements, or to comply with a legal process or a request from a government entity, including law enforcement.
DELIVERBAG carries out the above activities when they are necessary to serve its legitimate interests with a view to investigating claims and disputes relating to the use of its services and functionalities and to managing such claims and disputes, or when such activities are required in order to comply with applicable legal requirements.
DELIVERBAG uses cookies and other identification technologies on the application and website for the purposes described in this declaration and in the DELIVERBAG Cookie Declaration.
Cookies are small text files that are stored in web browsers or devices by websites, applications, online media and advertisements. DELIVERBAG uses cookies and similar technologies for purposes such as:
We may also allow third parties to provide audience measurement and analysis services on our behalf, to serve ads on our behalf on the Internet or for other companies' products and services in our applications, and to track and report on the performance of those ads. These companies may use cookies, web beacons, SDKs and other technologies to identify the devices used by visitors to access our website and other websites and online services.
To find out more about the use of cookies and other technologies described in this section, please consult our Cookie Statement.
DELIVERBAG retains user data for as long as necessary for the purposes described above. Users can request the deletion of their account via the DELIVERBAG application and website.
DELIVERBAG retains user data for as long as necessary for the purposes described above, depending on the type of data, the category of user to which it relates, the purposes for which we collected it and the length of time we retain data after the request to delete an account for the purposes described below.
For example, we keep data :
After the request for account deletion if necessary for purposes of security, safety, fraud prevention or compliance with legal requirements, or because of problems with the user's account (such as unpaid credit, or an unresolved claim or dispute).
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to herein, shall be governed by French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
Luggage is considered to be :
And, more generally, any object with the function of a container in the broadest sense that can be entrusted to us.
The owner of the baggage declares that he/she is fully aware of the contents of each baggage item. The owner of the baggage is entirely responsible for its contents.
→ The owner of the baggage is advised to avoid including perishable materials or fragile objects in their baggage. If, however, the owner of the baggage does include such materials or objects in their baggage, they must ensure that it is properly and securely packed and protected in suitable containers so as not to damage these objects and materials.
The owner of the baggage must not include in his baggage any object the carriage of which is prohibited or restricted by the applicable regulations and the law in force in any State of departure, destination or transit, including in particular :
- Items likely to constitute a danger to the Carrier, persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA) and in the Carrier's regulations, as applicable (additional information is available on request from the Carrier's departments).
These include the following items:
In addition, for international services you are also subject to all applicable regulations in force and to the rules governing the carriage of hold baggage.
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 defined in articles 7 & 18. The Carrier is under no obligation to take custody of Baggage and/or items that have been refused.
The cancellation policy is as follows:
D-30 to D-3 of the service: 50% cancellation fee.
D-2 to DD of the service: 100% cancellation fee.
The Customer undertakes not to deal directly with the deliver(wo)men without the Seller's written authorisation. In the event of direct contact with the deliver(wo)men presented by the Seller in order to collaborate directly, a flat-rate penalty of €1,000 excluding VAT per deliver(wo)men shall be applied.
Insurance: Allianz IARD.
Company governed by the French Insurance Code. Société anonyme with capital of €991,967,200 1 cours Michelet - CS 30051 - 92076 Paris La Défense Cedex 542 110 291 RCS Nanterre
