Terms and conditions of sale

BETWEEN THE UNDERSIGNED

S.A.S. DELIVERBAG, a simplified joint stock company with a 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 by Mr Stanley CASTERAN in his capacity as Chairman, duly authorised for these 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,

PREAMBLE

The Seller provides luggage delivery and storage services to for consumers, marketed via its website. http://www.deliverbag.com or live. The list and description of the services offered by the Company can be consulted on the website
above.

The Seller can be contacted by e-mail by clicking on the contact form accessible via the site home page, via the dedicated interfaces or by telephone on +33 1 87 66 38 66.

ARTICLE 1 ⁄ SUBJECT

These General Terms and Conditions of Sale set out the rights and obligations of the parties. as part of the online sale of Services offered by the Seller.

ARTICLE 2 ⁄ GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTCS) govern the sale of Services by by any means whatsoever, and shall be the law of the parties to the Contract between the Seller and the Customer. Order Giver. They are fully enforceable against the Customer, his consent and acceptance being required. acquired as soon as the order is placed. The Vendor reserves the right to amend these terms and conditions at any time by publication of a new version on its website.

The GTCS then applicable are those in force on the date of the order and/or the payment (or the 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 mentioning in the quotation and invoices sent to the customer and accessible on the interface client.

The Customer declares that he/she has read and understood all of these Terms and Conditions. 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 in the public road haulage code. (https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000034330431), its acceptance being without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information in order to ensure that the offer meets their needs. The Customer declares that he/she is legally capable of entering into a contract under the laws of French nationals or be validly and duly authorised to represent the natural or legal person concerned. moral commitment.

In the absence of proof to the contrary, the information recorded by the Vendor constitutes proof of all transactions.

ARTICLE 3 ⁄ PRICES

Customs duties or other local taxes or import duties or state taxes may be levied. may be payable in certain cases.
These rights and sums are not the responsibility of the Seller. These costs will be borne by the Customer and are his sole and exclusive responsibility.
(declarations, payments to the relevant authorities, etc.).

The Instructing party has an obligation of result to obtain information on these aspects with the relevant local authorities.

The Seller reserves the right to modify its prices as of right in the following cases following :

Delays :

For courier services, the Order Giver is the one who communicates the time. arrival of the bus at the Vendor, he will be liable to the Vendor for any delay in the arrival of the bus. Penalties will be applied as follows:

If the bus is more than 45 minutes late in relation to the communicated timetable :

Une pénalité forfaitaire à hauteur de 20€ HT /Deliver(wo)men/ heure de retard entamée à
From the 45 minutes of delay onwards) will apply automatically:

Example 1: Bus scheduled for 16:00. Arrival at 4.30pm: no penalties apply.
Example 2: Bus scheduled for 16:00. Arrival at 17:00: 45-minute delay exceeded,
pénalité de 20€ HT par deliver(wo)men sur place.
Example 3: Bus scheduled for 16:00. Arrival at 5.30pm: 45-minute delay exceeded,
pénalité de 20€ HT par deliver(wo)men sur place.
Example 4: Bus scheduled for 16:00. Arrival at 6.30pm: 1 hour 45 minutes late,
pénalité de 40€ HT (20€x2) par deliver(wo)men sur place

Premium rates :

Extra charge for delivery services during specific working hours

For any «PORTAGE» service including at least one part performed between 10 p.m. and midnight. and 06:00, or carried out on a Sunday or public holiday, a surcharge will be applied at the entire service, as follows:

Sundays and public holidays: surcharge of 25 % on the total price of the service; ;
From 10 p.m. to midnight and from 5 a.m. to 6 a.m.: a surcharge of 25 % on the total price of the service; ;
From 00:00 to 05:00: surcharge of 50 % on the total price of the service.

The increases cannot be combined: only the highest increase is applied.

Other pricing arrangements :

In the event of a higher number of baggage items than stated (based on one pax = one baggage item, unless otherwise stated), the following information will be provided contrary), the Seller reserves the right to re-invoice, in good faith, the number of pieces of luggage assumed as part of its service provision at the price agreed for the others baggage.
For services that include a motorised vehicle, the Seller reserves the right to adjust the final price according to variations in the price of diesel fuel as provided for in the standard contract applicable to public road haulage.

Any telecommunications costs incurred in accessing the Company's website are payable by the Company. on the Order Giver.

ARTICLE 4 ⁄ CONCLUSION OF THE CONTRACT

In accordance with the provisions of article 1127-1 of the French Civil Code, the Order Giver must follow a series of steps to conclude the contract electronically in order to his order :

Information on the essential characteristics of the service
Choice of service and, if applicable, its options
Indication of the Customer's essential contact details (identification, e-mail, address, etc.)
Acceptance of these General Terms and Conditions of Sale
Checking order details and correcting any errors.

Before confirming his order, the Customer has the opportunity to check the following details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order by both parties shall constitute the formation of this contract. contract. During the ordering process, the Customer has the option of identify and correct any data entry errors.

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. The professional and commercial rules to which the principal is subject are as follows which can be consulted in the «General terms and conditions of sale» section of these GTCS, which can be consulted on the Vendor's website at the following address: https://www.deliverbag.com.

The archiving of communications, orders and order details, as well as any other information invoices is carried out on a reliable and durable medium in such a way as to constitute a faithful copy. and durable 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 its truthful identification.

The Vendor reserves the right to refuse an order, for example in the case of any request to abnormal, made in bad faith or for any legitimate reason.

ARTICLE 5 ⁄ PRODUCTS AND SERVICES

1. GENERAL PROVISIONS

The essential characteristics of the services are made available to the Dealer Orders/Customer on the Seller'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 conditions of the sale and performance of the services prior to any conclusion of the contract of sale.

The selling price of the product is that in force on the day the order is placed. excluding carriage costs, which are charged extra. These costs, if any, are indicated to the Customer during the sales process, and at any time during the sale. In any event, this will be the case when the order is confirmed.
The Vendor reserves the right to modify its prices at any time, while guaranteeing the following application of the price indicated at the time of the order.
When services are not performed immediately, clear information is provided to the client. communicated to the Customer.

Lhe Customer hereby certifies that he has received details of the delivery charges as well as the terms and conditions.payment, delivery and performance of the contract, as well as detailed information concerning the seller's identity, postal address, telephone number and e-mail address, and the seller's activities in the context of this sale.

The Seller undertakes to honour the Customer's order, except in the following cases and force majeure (see Article 14). If this is not the case, the Seller shall inform the Customer if the order has been placed, and if not agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer for the costs incurred. the Order Giver.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the services offered for sale are not binding. of contractual value. The period of validity of the services offered and their prices are specified on the websites the Seller's Internet site, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of services. Except under specific conditions, the rights granted hereunder are granted solely to the the natural person signing the order (or the person holding the e-mail address press release).

2. PORTAGE SERVICE

a) New Portage request

Tny new request for a «PORTAGE» service must be made either by post by e-mail to the following address booking@deliverbag.com, or via the customer interface, by using the by logging on to the professional customer area on the website www.deliverbag.com.
By return, the seller will confirm its availability for the requested service by post. electronically or via the customer interface.

b) Before the Portage service

Confirmation of the service by the Customer is mandatory and must be received by at least 48 hours before the group's arrival and/or departure time. This confirmation must be sent by e-mail to the following address booking@deliverbag.com or via the professional customer area on the www.deliverbag.com.
If confirmation is not received within this time limit, and less than 48 hours before the group's arrival, the seller cannot guarantee the actual availability of the service. In this case, the seller is bound by an obligation of means, the service remaining automatically billable.

c) Delayed arrivals/departures

If the group is more than two hours late, the Seller cannot guarantee that the tour will continue. service. It then reserves the right, after informing the Customer's contact person by e-mail, to or electronically, either :

to invoice any additional hours required to continue the service; ;
to terminate the service.

In either case, the service remains billable by operation of law

3. DELIVERY SERVICE

The service is performed at the delivery address indicated by the Customer and within the time limit specified. Where delivery requires an appointment to be made with the Customer, the Seller will and the Instructing party are mutually responsible for ensuring the required punctuality between the 2
parties.

If the Customer is late or absent following an appointment for pick-up and/or delivery, the Seller reserves the right to re-invoice the cost of the delivery. service concerned.

Any delay in excess of one hour will result in additional charges. of €100 excluding VAT per hour started, including, where appropriate, a new charge and/or additional delivery.

In the event of a delay in acceptance and/or delivery, the Customer has the right to possibility of cancelling the contract under the conditions set out in the standard contract applicable to public road haulage unless otherwise agreed between the two parties parties.

The Seller shall provide the Customer with a contact person with telephone and/or fax numbers. by electronic means (cost of a local call from a landline) upstream of the service. The Seller points out that at the moment when the Customer takes physical possession the risk of loss or damage to the products is transferred to the customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product.
delivered, contract under the conditions laid down in the standard contract applicable to public transport road haulage.

It is expressly agreed that the total value of each item of luggage and its contents must not exceed under no circumstances exceed €1,000. Consequently, the Customer undertakes to ascertain the value of each item of luggage before to hand it over to the Seller, the latter's liability being excluded for any exceeding
value in excess of €1,000. If additional baggage is delivered to the Seller and that these cause an overload then, the seller can refuse to take in charge of them.

The customer must ensure that each item of baggage is labelled with the following details of the person who owns it and to transmit the list of persons for which the luggage is transported. If the baggage is not labelled, the seller may provide labels so as to the customer can label each item of baggage and enter the relevant information on it useful property rights. The customer is responsible for any illegal content that may be contained in each luggage.

ARTICLE 6 ⁄ COMPLIANCE

In accordance with article L.411-1 of the French Consumer Code, the services offered for sale include these GTCs comply with current safety and environmental regulations. health, fair trading and the protection of human rights. consumers. Irrespective of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects of the service.

ARTICLE 7 ⁄ AVAILABILITY AND PRESENTATION

If it is impossible to provide a service for a period of more than 1 working day, the Customer will be immediately informed of the foreseeable delays in the execution of this contract. service.

This can be cancelled on request. The Order Giver may then request a credit note for the amount of the service or its equivalent. full refund and cancellation of the order.

ARTICLE 8 ⁄ PAYMENT

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.

ARTICLE 9 ⁄ GUARANTEES

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.

→ ALL RISKS« COVER»

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.

→ DURATION OF WARRANTY :

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).

→ AMOUNT OF COVER

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.

ARTICLE 10 ⁄ COMPLAINTS AND MEDIATION

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.

ARTICLE 11 ⁄ TERMINATION OF THE CONTRACT

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.

ARTICLE 12 ⁄ INTELLECTUAL PROPERTY RIGHTS

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.

ARTICLE 13 ⁄ FORCE MAJEURE

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.

ARTICLE 14⁄ NULLITY AND AMENDMENT OF THE CONTRACT

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.

ARTICLE 15 ⁄ APPLICABLE LAW AND CLAUSES

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.

ARTICLE 16 / LUGGAGE

1. LUGGAGE TYPOLOGY

Luggage is considered to be :

Cabin luggage
Hold baggage
Trunk
Sports bag and sports equipment
Briefcase
Bag
Etc...

And, more generally, any object with the function of a container in the broadest sense that can be entrusted to us.

2. OBLIGATION OF THE OWNER OF THE BAGGAGE

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.

→ Baggage owners are 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 his/her Baggage, he/she must ensure that they are correctly and securely packed and protected in suitable containers so as not to damage these objects and materials.

3. OBJECTS NOT ADMITTED

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:

Weapons and ammunition
Devices for scientific or other use
Explosives, fireworks and firecrackers
Gases and liquid nitrogen in appliances, cylinders or cartridges
Fuels, flammable liquids - powders
Engines, large tools, vehicles and spare parts
Protected animals and plants
Parachutes
Living organs
Narcotics, drugs and related substances
Medical equipment and supplies (please consult us if necessary)
Dangerous products: aerosols, detergents, fire extinguishers, lead, asbestos, etc.
Money and valuables: coins, banknotes, credit cards, timepieces, cheques, lottery tickets, gold, silver, precious stones, valuable jewellery, valuable paintings, precious metals.
Miscellaneous: Immoral items, counterfeit goods, passports and identity cards, etc...

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.

4. RIGHT TO REFUSE TRANSPORT OF 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.

ARTICLE 17 ⁄ CANCELLATION POLICY

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.

ARTICLE 18 ⁄ EXCLUSIVITY TERMS AND CONDITIONS

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.

ARTICLE 19 ⁄INSURANCE

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