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 – PREAMBLE

These General Terms of Use (hereinafter the “Terms”) describe the terms and conditions under which FRETBAY SAS (hereinafter “the Company”) offers, through the “MyBoxMan” website and mobile application that it publishes, to connect individuals (hereinafter “the BoxMen”) who agree, as part of their daily journeys, to deliver an object or parcel to a specific place and person, with individuals or legal entities who have a delivery need (hereinafter the “Principal”). The platform contributes to the development of the collaborative economy by giving individuals the opportunity to make their private journeys, whether regular or occasional, worthwhile, through a fair contribution by the Principal to part of the travel costs incurred by the BoxMan. By registering on the platform and using the services provided by the Company, the user accepts and undertakes to comply without reservation with all of these Terms.

Article 2 – DEFINITIONS

For the purposes of these Terms, the following terms are defined:

Goods: the item that the BoxMan delivers.

BoxMan: a natural person registered on the Platform who may carry out a Run on behalf of a Principal.

Code: the identification number of the Run sent to the Principal by the Company when the BoxMan accepts the offer, which must be given to the BoxMan on delivery of the Goods.

Content: all data supplied by the User and put online on the Platform.

Run: the journey needed to deliver the Goods from the place indicated by the Principal to the indicated final destination.

Final Recipient: the natural person or legal entity to whom the Goods are delivered by the BoxMan.

Principal: a natural person or legal entity using the MyBoxMan service to ship Goods.

Service fees: fees charged by the Company to the Principal in return for providing the Services offered by the Platform.

Contribution to costs: financial coverage by the Principal of part of the costs incurred by the BoxMan for the Run.

Platform: the website available at www.myboxman.com, and the “MyBoxMan” mobile application (iPhone and Android), on which the Services are offered.

Service(s): all the features set up by the Company on the Platform for Users.

Company: FRETBAY SAS, publisher of the MyBoxMan Platform.

Article 3 – TERMS OF ACCESS TO THE PLATFORM

3.1 Registration terms

Registration is free and requires completing a profile form containing the information needed to connect Principals and BoxMen (full name, date of birth, postcode, email address, phone number). When registering, the User undertakes to provide true, accurate, up-to-date and complete information about their identity and age as requested in the Service registration form, in accordance with Article 6-II of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy. In particular, the User undertakes not to create a false identity likely to mislead the Company or third parties and not to impersonate another legal entity or natural person. The User undertakes to update immediately, in the event of any change, the data provided when registering online. If the User provides false, inaccurate, outdated, incomplete or misleading information, or information likely to mislead, the Company may, immediately, without notice or compensation, suspend or terminate the User’s personal account and refuse access, temporarily or permanently, to all or part of the Service.

3.2 Information provided by the User

The User may complete or modify their profile information on the Platform.

for natural persons, a copy of their national identity card or passport and a recent photograph;

for legal entities (which can under no circumstances be BoxMen), an up-to-date KBIS extract or any equivalent document for legal entities not registered with the Trade and Companies Register.

For all Runs carried out by motorised means, the BoxMan undertakes to provide the Company with the documents required to drive the vehicle, in particular:

a copy of the category B licence or of any licence required to drive the vehicle used by the BoxMan;

a copy of the vehicle insurance certificate.

The User may complete or modify their profile information on the Platform.

3.3 Invoicing mandate

On registration, the Company sends the BoxMan a general invoicing mandate that they must complete and sign electronically. This mandate allows the Company to issue, for each Run, an invoice to the Principal showing, in addition to the amount of the Service fees, the amount of the Contribution to costs.

3.4 Login conditions

On registration, the Company sends the BoxMan a general invoicing mandate that they must complete and sign electronically. This mandate allows the Company to issue, for each Run, an invoice to the Principal showing, in addition to the amount of the Service fees, the amount of the Contribution to costs.

The User may then ask the Company to: invalidate their login credentials and send them new ones;

return their login credentials to them.

For all Runs carried out by motorised means, the BoxMan undertakes to provide the Company with the documents required to drive the vehicle, in particular:

a copy of the category B licence or of any licence required to drive the vehicle used by the BoxMan;

a copy of the vehicle insurance certificate.

For all Runs carried out by motorised means, the BoxMan undertakes to provide the Company with the documents required to drive the vehicle, in particular:

Article 4 – USE OF THE SERVICE

4.1 Publishing a Run offer

The Principal may draft one or more Run offers stating the characteristics of the Goods to be delivered and the delivery conditions.

the nature and value of the Goods to be delivered;

the date and time of collection;

the address of the collection point and of the delivery point, including in particular the floor and the building access codes;

the identity and phone number of the Final Recipient and of the person to contact for collection of the Goods if that person is not the Principal;

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

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

4.2 Acceptance of an offer by the BoxMan

A search engine allows the BoxMan to view Run offers. By accepting a Run offer, the BoxMan undertakes to collect the Goods and deliver them to the addresses indicated in the offer.

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.

4.3 Setting the Contribution to costs

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

Once the amount of the Contribution to costs has been determined by the BoxMan, the Platform notifies the Principal of the total amount of the Run, Service fees included, in accordance with Article D.111-8 of the French Consumer Code.

4.4 Formation of the contract between the BoxMan and the Principal

The contract is formed when the Principal validates the total amount of the Run.

https://www.legifrance.gouv.fr/affichCode.do;jsessionid=E053CA2FB40D9CF9569821495F….

4.5 Organisation of the Run by the BoxMan

The BoxMan freely determines the arrangements for the Run, in particular the mode of transport and the route, provided that they can collect and deliver the Goods at the times indicated in the offer.

4.6 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 9 of these terms.

When the Goods are delivered to the Final 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.

4.7 Disputes

In the following situations:

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.

4.8 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 5 – FINANCIAL TERMS

5.1 Payment terms for the Principal

5.11 Bank pre-authorisation

The Principal pays for the Run by bank card, directly on the Platform. By validating the Run, the Principal gives the Company a bank pre-authorisation to debit their account, covering the BoxMan’s Contribution to costs and the Service fees.

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

5.12 Direct debit

A final invoice is then sent by the Company to the Principal.

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

5.2 Payment of the BoxMan’s Contribution to costs

The BoxMan’s personal account is credited with the amount of the Contribution to costs within 15 days of validation of the Run.

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 account with the company is less than 10 euros, the company reserves the right to retain these funds as account maintenance fees.

5.3 Service fees

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