LEGAL NOTICE

Site publisher: FretBay SAS, registered with the Paris Trade and Companies Register (RCS), France, under SIRET number 502.134.208.00037 and VAT number FR08502134208, with its registered office at 31 rue de Reuilly, 75012 Paris, France (FR)

Publication director: Areeba REHMAN

Email: support@myboxman.com

Phone: +33 1 80 91 97 12

Hosting: This site is hosted by OVH, 2 rue Kellermann – 59100 Roubaix – France

Version published online on 14/01/2016

Article 1 – PURPOSE

THE COMPANY offers a service connecting a Principal and a BoxMan, in order to enable a Run to be carried out.

These General Terms and Conditions of Sale (hereinafter the “Terms of Sale”) define the conditions of sale of this connection service.

For the definition of the terms used herein, refer to Article 2 of the General Terms of Use

Article 2 – HOW THE SERVICE WORKS

2.1 Nature of goods

The Principal agrees not to use the Platform to transport:

any Goods prohibited by law: narcotics, firearms, and any other item contrary to the regulations in force;

any goods covered by international regulations on dangerous products, and in particular those likely to pose a threat to the safety of the BoxMan, their vehicle or third parties;

any Goods unsuitable for transport.

The Principal is liable for any direct or indirect damage caused by Goods that do not comply with the preceding provisions. They also assume all risks and perils in the event of transporting valuables or cash.

Where the nature of the Goods so requires, the Principal may specify in their request the various precautions to be taken during transport. THE COMPANY cannot under any circumstances be held liable if the BoxMan fails to observe these precautions.

2.2 Carrying out the Run:

Publishing a Run offer

The Principal may at any time, through the Platform, publish a Run offer.

They undertake to specify the information essential for carrying out the delivery:

nature and value of the Goods to be delivered;

date and time of collection;

date and time of delivery;

address, identity and phone number of the person to be delivered to;

any other information deemed useful for the smooth running of the delivery.

The Run offer may be freely withdrawn by the Principal and does not bind them until it has been accepted by a BoxMan.

Acceptance of an offer by a BoxMan

A search engine allows the BoxMan to view the Run offers that may interest them, and a tab allows them to accept the one that suits them. By accepting a Run offer, the BoxMan undertakes to deliver the described Goods to the address indicated in the offer.

The BoxMan is always free to accept or refuse the Run offers made to them. They are also free to choose the delivery method, provided they can deliver the Goods at the time indicated in the offer.

THE COMPANY has no control over BoxMen’s availability, and therefore cannot guarantee that all Run offers will be accepted by a BoxMan. It cannot be held liable if a Principal’s offer is never accepted.

Collection and delivery of the Goods

When collecting the Goods, the BoxMan undertakes to check their condition, and reserves the right to refuse the Run if it does not match the description in the offer or if the Goods do not comply with the restrictions set out in Article 2-1 of these terms.

In this case, the BoxMan undertakes to inform THE COMPANY and the Run is cancelled. This cancellation is attributable to the Principal.

When the Goods are delivered to the recipient, their condition is checked. If the Goods have been delivered in accordance with the conditions set out in the offer, the final recipient gives the BoxMan a code, previously sent by THE COMPANY when the Run was accepted.

The BoxMan’s communication of this code on the Platform attests to the proper completion of the Run and the perfect delivery of the Goods. It constitutes final validation of the Run and a waiver of any subsequent dispute relating to the delivery of the Goods.

Disputes

The recipient reserves the right to keep the code in the following cases:

the BoxMan did not arrive at the agreed time for delivery;

the Goods were not delivered in accordance with the conditions set out in the offer.

The Principal then undertakes to send THE COMPANY a detailed complaint as soon as possible. This complaint is handled under the conditions set out in Article 7 hereof.

In the absence of a complaint within three days of the scheduled delivery date, the Run is automatically validated by THE COMPANY.

2.3 Incidents and tolerance

In the event of an incident likely to compromise or delay the delivery, the BoxMan undertakes to inform THE COMPANY and the Principal immediately.

Users agree to allow each other a tolerance of half an hour in the collection and delivery times of the Goods.

Article 3 – PAYMENT

3.1 Payment terms

The Principal pays for the Run by bank card, directly on the Platform. By validating the Run offer, the Principal gives THE COMPANY a bank pre-authorisation to debit their account, covering the BoxMan’s remuneration and the service fees.

For more information on the use of banking data, you can consult our Privacy Policy

If the bank returns a negative response to the account debit pre-authorisation request, THE COMPANY immediately informs the Principal and the Run is cancelled.

The Principal’s account is debited when the recipient validates delivery of the Goods under the conditions set out in Article 2.2.3 of these terms.

3.2 BoxMan remuneration

The BoxMan’s remuneration is calculated according to the characteristics of the Run (distance, duration, time band, weight and volume of the Goods) and shown in the Run offer.

The BoxMan’s personal account is credited with the amount of the remuneration within 15 days following validation of the delivery of the Goods under the conditions set out in Article 2.2.3 of these terms.

The BoxMan may, at any time, ask THE COMPANY to transfer the balance of their account to their bank account. For bank transfers of less than 30 euros, a transaction fee of 4 euros will apply.

If a BoxMan registered on the Platform carries out no job for 12 consecutive months and the credit on their THE COMPANY account is less than 10 euros, THE COMPANY reserves the right to retain these funds as account maintenance fees.

3.3 Service fees

The Company charges the Principal Service fees corresponding to the Services offered by the Company, calculated on a flat-rate basis of up to 20% of the BoxMan’s remuneration, plus VAT at the rate in force.

The Service fees are added to the BoxMan’s Contribution to costs, these two amounts together forming a total amount invoiced to the Principal.

Three (3) payment methods are available: first, payment by bank card directly on delivery; second, direct debit on delivery; and third, invoicing for payment at the end of the month. Accounts with end-of-month invoicing undertake to pay in full all invoices on the basis of the price estimates they have validated for all orders placed via our mobile app, our web app or our API.

Article 4 – CANCELLATION CONDITIONS

4.1 Cancellation terms

In the event of cancellation of the Run attributable to the BoxMan, the Principal is refunded in full the sums paid for the Run (Run Payment + Service Fees), within 7 days. Cancellation gives no right to any additional compensation.

In the event of cancellation attributable to the Principal more than 24 hours before the scheduled collection time of the Goods, the Principal is refunded the amount of the Run Payment. Service Fees are not refunded.

In the event of cancellation attributable to the Principal within the 24 hours before the scheduled collection time of the Goods, the Principal is refunded 50% of the amount of the Run Payment. Service Fees are not refunded.

In the event of cancellation attributable to the Principal after the scheduled collection time of the Goods, the total amount of the Run Payment and the Service Fees is due and no refund will be made.

Where the BoxMan changes the collection and delivery arrangements for the Goods without the Principal’s agreement, the Principal may cancel the Run. This cancellation is attributable to the BoxMan.

Where the Principal changes the collection and delivery arrangements for the Goods without the BoxMan’s agreement, the BoxMan may cancel the Run. This cancellation is attributable to the Principal.

The Run offer may be freely withdrawn by the Principal and does not bind them until they have accepted the Contribution to costs rate proposed by the BoxMan.

4.2 Right of withdrawal

In accordance with Article L. 121-17 of the French Consumer Code, the User is informed that the right of withdrawal cannot be exercised for the Services concerned pursuant to Article L. 121-21-8 of the French Consumer Code.

The Platform also suggests Run offers to the BoxMan based on the BoxMan’s regular journeys and geographical area. The BoxMan is always free to accept or refuse the Run offers made to them.

The Platform cannot be held liable if a Principal’s offer is never accepted.

Article 5 – OBLIGATIONS OF THE PARTIES

When a Run offer is accepted on the Platform, the Principal undertakes to pay its price (Run Payment and Service Fees).

The BoxMan undertakes to carry out the Run in accordance with the conditions described in the offer.

The BoxMan agrees not to use the Services for professional or commercial purposes. They also undertake to fulfil all administrative and tax obligations relating to their BoxMan activity.

Article 6 – LIABILITY

The service offered by THE COMPANY is limited to connecting the Principal and the BoxMan, so that it can under no circumstances be held liable for the obligations arising from these Terms and incumbent on the Principal or the BoxMan, and in particular the obligations described in Article 5 hereof.

THE COMPANY’s liability is excluded in particular, without this list being exhaustive, in the event of:

damage to the Goods (loss, theft or destruction);

unsuitability of the transport, collection or receipt conditions of the Goods for Users’ expectations;

late cancellation, non-receipt of the Goods, mismatch between the Goods collected and the information supplied by the Principal, delay, and more generally any problem arising after the BoxMan has accepted the delivery offer;

damage suffered by the BoxMan, the Principal or the Recipient in the course of the Run;

damage caused by the BoxMan, the Principal or the Recipient to third parties in the course of the Run.

THE COMPANY does not guarantee the quality of the BoxMan’s services.

The BoxMan is in no way an employee of FRETBAY, the company that publishes the MyBoxMan Platform. The BoxMan is paid by the Principal and FRETBAY cannot under any circumstances be held liable or act as guarantor for a Principal’s non-payment of a BoxMan.

Article 7 – COMPLAINTS AND DISPUTES

In the event of a complaint or dispute relating to the performance of the Services, Users must inform THE COMPANY as soon as possible. THE COMPANY undertakes to propose an amicable solution to Users, which the parties are free to accept or refuse.

In the absence of an amicable agreement, THE COMPANY reserves the right to retain the disputed sums paid by the Principal until the dispute is finally resolved.

In the context of settling disputes between THE COMPANY and a consumer, and in the absence of an amicable agreement, THE COMPANY offers the consumer recourse to mediation.

Article 8 – MISCELLANEOUS PROVISIONS

8.1 Amendment of the Terms and Conditions of Sale

THE COMPANY reserves the right, at any time, to amend all or part of the Terms and Conditions of Sale. Users are invited to check the Terms regularly to be aware of any changes made.

Any substantial change will be notified to the User by email to the address associated with their account. By continuing to access or use the Services after these changes take effect, the User agrees to be contractually bound by these new Terms and Conditions of Sale.

8.2 Assignment and transfer of the commitment

THE COMPANY may assign these Terms and all the rights and obligations attached to them to any third party, without the User’s prior written consent, provided that they are assigned on the same terms or on terms no less favourable to the User.

8.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the strict extent necessary, and the remaining provisions of these Terms will remain in full force and effect.