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"Customer": Any natural or legal person using the Services offered by the Service Provider via the Site.
"Package": Any container intended to pack and preserve the Goods and delivered to the Carrier by the Customer.
"Terms and conditions": These Terms of Service.
"RECIPIENT": Any natural or legal person designated by the Customer to receive the Parcel.
"Merchandise": Any movable property that is the subject of a shipment by the Customer via the Service.
“Controller”: the company LABAL SAS, publisher of the Site.
"Service": Connection of the Customer with Carriers carried out via the Service Provider's Site.
"Site": This website located at the url address "www.www.moncourrierdefrance.com".
"Transporter": Any transport provider offered to the Customer on the Site.
The purpose of these General Conditions is to define the terms and conditions under which the Customer will have the right to benefit from the Service offered on the Site, as well as the respective obligations of the Parties.
The General Conditions are applicable to the Services provided by the Service Provider to the Clients.
Any general purchase obligations of the Customer are not applicable to the provision of the Services.
Before placing an order on the Site, the Customer declares to have read and expressly and unreservedly accepted all of (i) these General Conditions, (ii) the general conditions of use and (iii) the policy of confidentiality of the Site, as well as (iii) the Carrier's general conditions attached hereto.
The Service Provider reserves the right to modify these Terms at any time. The General Conditions applicable to an order are those in force at the time of its validation.
It is not necessary for the Customer to create an account on the Site in order to place an order.
However, the Customer has the possibility of creating an account in order to be able to access specific services described on the Site (in particular his order history).
For this, the Customer must meet the following cumulative conditions:
→ Be of legal age and have full legal capacity;
→ Choose a strictly personal and confidential identifier and password in accordance with the recommendations of the Site;
→ Fill in the information requested in the section dedicated to the creation of an account, which he guarantees to be exact, sincere, exhaustive and current;
→ Accept these General Conditions.
In the event of loss or unauthorized or fraudulent use of his username and password, the Customer must imperatively notify the Service Provider and modify them as soon as possible on the Site.
Any Customer who has created an account is free to terminate it at any time, without reason. Any termination will result in the deletion of all content from the account.
The prices applied are indicated on the Site in euros. They include the Carrier's transport services as well as the Service Provider's commission.
The price to be paid by the Customer is that indicated in the summary of the order during its validation.
The Prices are likely to be modified unilaterally by the Service Provider at any time and will apply immediately to any order that has not been validated.
In general, anything that is not expressly included in the order (in particular, duties, customs taxes, royalties and taxes due in application of any tax or customs regulations in particular) may be subject to additional costs.
When the Customer places an order, and in the event that additional charges are likely to apply to the order, a warning banner will inform the Customer, for information only.
The Customer accepts that these costs will be re-invoiced to him by the Service Provider, including those normally due by the Recipient when the latter has not paid them in due time.
Prior to any order, the Customer guarantees the conformity of the Goods with the general conditions of the designated Carrier as well as with any applicable regulations concerning the transport of Goods (in particular in the countries concerned, either of dispatch, transit or destination) and in particular those relating to Dangerous or Prohibited Goods.
Thus, in the presence of dangerous or prohibited Goods, the Parcel may:
→ Be the subject of a refusal of support;
→ Be handed over or seized by the competent authorities;
→ Be reshipped
→ To be destroyed.
It is the responsibility of the Customer to ensure that the Goods are neither prohibited from transport nor dangerous. The Service Provider shall in no event be liable for the harmful consequences resulting from the shipment of such Goods.
Only adults (only concerning natural persons) and with full legal capacity to contract are authorized to place an order on the Site.
In order to place an order, the Customer must follow the steps indicated on the Site.
The Customer must provide all the information relating to his identification and that of the Recipient:
→ Full name;
→ Address;
→ E-mail address;
→ Phone number.
As such, the Customer declares and guarantees that the Recipient consents to the processing of this information, in accordance with the Site's privacy policy.
In addition, the Customer will be asked to indicate the following characteristics of the Parcel:
→ His weight;
→ Its dimensions;
→ Its content;
→ The value of content.
This information is necessary to determine the price of sending the Parcel and to perform the Service.
The Customer is required to check all the information in the summary of his order before validation and acknowledges having read any additional costs likely to be added to the price, in particular due to the inadequacy of the characteristics of the Parcel provided by the Customer when ordering with the reality, the country of destination of the Parcel, the customs value and the customs classification of the Goods shipped.
The Customer is solely responsible for the information communicated. Corrections which will remain the responsibility of the Customer are likely to be applied to the original price due to omissions, errors or inaccuracies, voluntary or involuntary, of any of this information.
The dispatch, transport and delivery process is the responsibility of the Carrier. Thus, the Customer undertakes to comply with the instructions that the latter will provide, in accordance with the Carrier's general conditions in the appendix.
The payment of the order by the Customer is made by credit card on the Site via a payment provider.
In order to have his order executed by the Carrier, the Customer authorizes the Service Provider to make payment of the price of the transport service to the Carrier in his name and on his behalf.
Any delay in payment will immediately make all receivables held by the Service Provider on the Client payable and will be subject to the application of late payment penalties of an amount equal to three times the legal interest rate plus ten per cent. cent from the day the Customer's debt becomes due, to which will be added a flat-rate recovery indemnity of 40 euros.
The Customer is solely responsible for the packaging of the Goods shipped. In particular, he is required to pack the Parcel in accordance with the nature of the Goods (taking into account in particular its fragility) and, where applicable, to follow the recommendations of the Designated Carrier.
The Customer is also required to respect the information that he will have indicated during the order relating to the dimensions, weight, value and capacity of the Parcel.
The Customer must also correctly position the dispatch slip provided by the Carrier so that it can be immediately read and/or scanned. This slip is likely to have a period of validity beyond which it will be unusable. It is the Customer's responsibility to inquire with the Designated Carrier.
Any non-compliant Parcel is likely (i) to be refused by the Carrier, (ii) to be held until recovery by the Customer, (iii) to be returned to the shipping address, (iv ) to cause a delay in delivery, (v) to be destroyed.
The Service Provider cannot be held responsible for the harmful consequences of non-compliant packaging and all the costs (in particular, return costs, customs duties, storage costs, taxes, etc.) and damage caused, which will be entirely at the Customer's expense.
In order to be shipped, the Parcel may (i) be collected by the Carrier directly from the shipping address indicated when ordering, or (ii) be deposited in a office or a parcel relay offered by the Carrier.
In the case of recovery of the Parcel, the Service Provider does not guarantee the dates and times of passage of the Carriers.
Prior to shipment of the Parcel, the Customer undertakes to print all the documents (in the number of copies requested) requested by the Carrier.
In any event, the Customer undertakes to follow the Carrier's instructions for the disposal of these documents.
Delivery will take place at the address indicated by the Customer when ordering and will be carried out by the designated Carrier, under his responsibility. A tracking number will allow the Customer to follow the delivery of the Parcel from the Site.
The delivery times indicated on the Site are only an estimate and are indicated for information purposes only.
The Recipient becomes responsible for the Parcel as soon as it is delivered, and in particular for its damage or loss. He is required to check the condition of the packaging as well as of the Goods upon delivery.
In the event that the delivery could not be completed (i) because of the Customer, (ii) the absence of the Recipient or (iii) a refusal of receipt on the part of the Recipient, the Parcel may (i) be returned, (ii) be redelivered, (iii) be stored until recovered.
All subsequent additional costs (including, but not limited to, storage, return or re-delivery costs) will be re-invoiced by the Service Provider to the Customer.
In the event that additional costs are due by the Recipient and that he refuses to pay them, they will also be re-invoiced in full to the Customer.
The Service Provider undertakes, as part of its duty to advise, to provide clear information concerning the Services and the transport services offered via the Site by the Carriers.
The Service Provider, acting only as an intermediary between the Customer and the Carrier, ensures the proper transmission of all orders and related complaints to the Carrier concerned. It also ensures the payment of the Carrier on behalf of the Customer.
IT IS EXPRESSLY AGREED THAT THE SERVICE PROVIDER IS IN NO EVENT RESPONSIBLE, EITHER DIRECTLY OR INDIRECTLY, FOR THE PACKAGING, DELIVERY TO THE CARRIER, ROUTING AND DELIVERY OF THE PACKAGE ENTRUSTED BY THE CUSTOMER TO THE DESTINATION OF THE RECIPIENT. TRANSPORT OF THE PACKAGE IN COMPLIANCE WITH THE ORDER PLACED BY THE CUSTOMER IS THE SOLE ROLE AND SOLE RESPONSIBILITY OF THE CARRIER SELECTED BY THE CUSTOMER VIA THE SITE.
The Customer must provide all the information and elements useful for the performance of the Service, the order and the transport of the Parcel in accordance with the order, the General Conditions and the general conditions of the Carrier concerned, and guarantee their accuracy, sincerity, completeness and news.
The Customer undertakes to pay the price of the order and to pay any additional costs related to the transport of the Parcel in accordance with the terms hereof and/or the general conditions of the carrier concerned.
The Customer agrees to comply with all requests from, and to cooperate with the Carrier he has selected.
The Customer is required to comply with all regulations applicable to the transport of the Goods.
For Customers using the Site as a consumer: the fact that the Parcel or the Goods do not comply with the regulatory provisions and/or the General Conditions constitutes a legitimate reason allowing the Service Provider and/or the Carrier to refuse an Order in accordance with Article L. 122-1 of the Consumer Code.
In any case, the Customer undertakes to act in good faith within the framework of the Service.
In the event of additional costs due by the Customer and a recovery procedure must be initiated, additional costs of 100 euros will be invoiced.
The Customer undertakes to respect the stipulations of the general conditions of the Designated Carrier and in particular those concerning the deadlines within which he has the possibility of formulating a complaint.
For any complaint, the Customer may contact the Carrier concerned directly.
He may also decide to bring his complaint to the Service Provider, indicating the number of the order in question and explaining the subject and the reasons for his complaint to the following email address:
contact@moncourrierdefrance.com
Or by post to the following address:
LABAL SAS
149 Maine Avenue
75014 PARIS
The Service Provider undertakes, under an obligation of means, to process any complaint emanating from the Customer and to transmit them in its name and on its behalf to the Carrier.
Only the Client has the possibility of making a complaint to the Service Provider.
No claim will be accepted by the Service Provider if the Customer has not complied with these General Terms and Conditions, those of the Designated Carrier or the regulations applicable to the transport of goods.
In accordance with Article L221-28 of the Consumer Code, Customers acting as consumers within the meaning of said Code acknowledge that, due to the specificity of the Service offered which is fully executed upon validation of the order, the right to withdrawal cannot be exercised.
The Service Provider is only bound by an obligation of means in the performance of the Service.
Under no circumstances may the Service Provider be held liable, directly or indirectly, for damage resulting (i) from the Customer, (ii) from the Carrier, or (iii) from third parties or force majeure.
The Service Provider may only be held liable for the sole performance of the Service and provided that it has previously given formal notice to the Service Provider to remedy any breach of its obligations by registered letter with acknowledgment of receipt.
If the Service Provider fails to remedy the grievance raised by the Customer, the latter may seek liability but exclusively for direct, certain and foreseeable damage at the time of placing the order.
Under no circumstances can the Service Provider be held liable for any indirect and/or damage not clearly foreseeable when the order is placed.
In any case, if by extraordinary, the responsibility of the Service Provider were to be sought, the total amount of the sums, penalties, reparations, interest, convictions, sanctions, to which it could be held, will be strictly limited to the price of the order concerned. paid by the Customer on the Site.
The transport offers offered to the Customer on the Site when placing the order come from each Carrier and their content is the sole responsibility of the Carrier in question.
The Customer is responsible (i) in the event of non-compliance with the General Conditions, (ii) the general conditions of the Carrier, (iii) the adequacy of his order to the Parcel, (iv) the packaging of the Parcel, (v) its capacity, (vi) the performance of all the obligations and charges incumbent upon it until the completion of the transport service for the Parcel.
The Service Provider cannot be held responsible for the non-performance or delay in the performance of its obligations due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure. , in addition to those which are usually retained by the case law of the French courts: epidemics (in particular that of Covid19), exceptional bad weather, natural disasters, fires and floods, lightning, wars, attacks, cases of rupture or blocking of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal obligation or regulatory or public order imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
The Service Provider's trademark "moncourrierdefrance" as well as all trademarks, figurative or not, and more generally all other trademarks, illustrations, images and logotypes appearing on the Site, whether registered or not, are and will remain the property exclusive to the Provider.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Service Provider, is strictly prohibited.
The Site (in particular, general structure, texts, images, whether animated or not, videos, sounds, and, in general, any component of the site) is the exclusive property of the Service Provider and is protected by copyright (articles L. 111-1 et seq. of the Intellectual Property Code) and intellectual property (rights to databases, trademarks, designs and models, etc.). It is prohibited, in private or public capacity, to reproduce, represent, copy, imitate, enhance, rent, sell, resell or exploit, whether for commercial purposes or purely free of charge, all or part of the Site or its elements, except with the express, prior and written consent of the Service Provider. Any offender may be prosecuted civilly and / or criminally for the offenses that would be committed (counterfeiting, parasitism etc.).
As part of its activity, the Data Controller is required to process information concerning Users, some of which is likely to identify them (hereinafter referred to as "Personal Data").
The processing of this data is carried out in accordance with the provisions of Regulation (EU) of the European Parliament and of the Council of April 27, 2016 (hereinafter referred to as "GDPR") and French law n ° 78-17 of January 6, 1978 (" Data Protection Act").
The information concerning the processing of this data by the Service Provider is contained in the Privacy Policy.
In the event that a competent court would cancel, consider as non-applicable or set aside, one of the clauses of these General Conditions, the other provisions contained in these will remain effective and in force.
In accordance with the provisions of Article L6112-1 of the Consumer Code, if the Customer uses the service as a consumer, he has the choice to use a mediator in order to find an amicable solution to any disputes. opposing the Provider.
Insert contact details of the mediator.
In the event of failure of the prior conciliation between the parties, and/or the prior mediation, the Courts of Paris will be EXCLUSIVELY competent to settle disputes, claims or disputes related to the Site, the Service, the Service Provider, by applying exclusively and imperatively only French legislation, regardless of the location or nationality of the Customer, and despite any warranty claim.
