TERMS & CONDITIONS
Last update: June 25th, 2019
The Couriier App (« App ») is published by the company COURIIER – SAS, 21 rue des filles du calvaire 75003 Paris France and identified under the unique number 812 672 988 RCS Paris (« Couriier »).
Couriier provides courier services by bicycle (« Services »).
The Services consist of the delivery of parcels (documents or goods) on the day of the order, on the zones defined in City Network, for parcels between 1g and 50kg, with a maximum length of 80cm.
2. Terms and Conditions
These Terms and Conditions are applicable between Courier and any person using the App (the “Customer”). The General Conditions in force are accepted by the Customer when ordered and kept by Couriier in accordance with article 1369-4 of the Civil Code. They are accessible to the Customer on the App and via a link inserted in the email acknowledging receipt of his order sent by Couriier.
The Services are reserved for persons over 18 years of age and by accepting the General Conditions, the Client declares to be at least 18 years old and to have the legal capacity to make an order of Services on the App.
The General Terms and Conditions may be modified at any time by Couriier. The modifications are not opposable to the Customer until they are accepted by the Customer at the time of an order and can not be applied to the orders previously concluded by the Client.
3. Customer account
The Customer must open a personal account on the App to access the Services.
The Customer undertakes to provide accurate and sincere information and to inform Couriier of any modification or to directly modify his data on his account.
The login and password configured by the Customer during registration is personal and confidential. It may be modified by the Customer. He is solely responsible for the use of his username or password on the App and agrees to immediately notify Couriier of any use without his authorization.
4. Rates and Order
Prices: Couriier rates are indicated to the Customer before he places his order. The Customer may choose between several delivery options, depending on the weight and volume of the package. The prices are in euros, all taxes included, and the total amount to be paid by the Customer is indicated on the confirmation page of the order, subject to any allowances or surcharges due by the Customer under the section “Delivery” . Prices can be changed at any time by Courier between two orders.
Order: The Customer enters his application on the App by selecting the tariff corresponding to the weight of the package and chosen delivery time, as well as the pick-up and delivery addresses of the parcel. At the time of the order, the Customer will be geolocated by Couriier in order to propose to him, as an option, that the package is taken care of in the place to which it will have been geolocated. The Customer may then verify the details of his order before confirming it and accepting the Terms and Conditions. All orders are final after confirmation by the Customer. An acknowledgment of receipt of the order will be sent by email to the Customer upon confirmation.
Terms of Payment: The payment of the order will take place at the delivery of the parcel. Payment transactions are carried out by credit card, through a secure payment service provider. When creating his account or the first order, the Customer provides his bank details, which will be stored for future orders. The Customer’s credit card number is not known or processed by Couriier but only by that service provider.
Invoice: The Customer will receive an invoice of his order by email at the delivery of the parcel.
Delays in payment: In the event of late payment, Couriier may, without prejudice to its other rights and remedies and without notice being required, (i) charge penalties for delay as of the day following the due date , Applying an annual interest rate equal to the key interest rate applied by the ECB to its closest refinancing operation + 10 points, and (ii) applying a flat-rate indemnity of € 40 for recovery costs, without Prejudice to his right to claim any additional costs incurred for recovery, upon justification.
Delivery times: The deadlines indicated on the order are indicative. In the event that Couriier fails to comply with a delivery deadline, the price applied to the race will be that corresponding to the actual delivery time of the parcel.
If the package does not correspond to the weight and volume indicated in the order, Courier may either cancel the order at the Client’s expense under the conditions set out below for cancellation of the order or submit the race Tariff corresponding to the actual weight and volume of the package with the Customer’s agreement.
Follow-up of the delivery: The Customer will be able to follow at any time on the App the situation of its parcel, the courier in charge of the delivery being geolocated by the App. The delivery will be materialized by a photo of the package, taken at the place of delivery and accessible to the Customer through the App. The picture of the parcel at the place of delivery will be good execution of the race and discharge of Couriier of its responsibility.
Cancellation of order: Except for orders for delivery “Flash”, any order can be canceled free of charge for 10 minutes before the package is taken over by Courier. If the package is already taken care of, a compensation will be invoiced to the Customer, the price of the race not being charged.
Holding of the courier: In case of waiting of more than 10 mn of the courier to the address of delivery a supplement will be applied to the price of the race. The courier will wait no more than 15 mn at the place of delivery.
Absence of the person to receive the parcel at the address of delivery: The courier can either represent the fold within the hour, or repatriate the parcel to the take-over address, at the choice of the Client. In both cases, a surcharge will be applied to the price of the race, which will remain due even in case of repatriation to the pick-up address. This increase shall be in addition to the compensation payable in the event of a waiting period of more than 10 minutes provided for above if the courier has been obliged to wait more than 10 minutes at the place of delivery before the Client informs Of its decision.
Wrong delivery address: If the Customer has provided an incorrect delivery address in the order, the courier may either represent the batch at the correct address within a period that will be agreed with the Customer, or repatriate the parcel to the pick-up address In charge, at the Customer’s choice. In both cases, a surcharge will be applied to the price of the race, which will remain due even in case of repatriation to the pick-up address. This increase shall be in addition to the compensation due in the event of a waiting period of more than 10 minutes provided for above if the courier has been obliged to wait more than 10 minutes at the place of delivery before the Client informs Of its decision.
Payment of allowances and surcharges: The above allowances and surcharges will be due by the Customer upon delivery of the parcel (or its repatriation to the pick-up address, if applicable) and must be paid at the same time as The price of the race.
6. Right to retract
In accordance with Article L121-21-8, 12 °, the right of withdrawal can not be exercised for the contracts for the supply of services of transport of goods which must be provided on a date or a fixed period. Consequently, the Customer does not have a right of retraction under the Services.
7. Intellectual property
The presentation and content of the App, including, but not limited to, Courier’s name and logos, images, products and slogans, and software used for the App and Services (“Elements “) Constitute together or separately a work protected by the laws in force on the intellectual property.
The Customer agrees to use the Elements only for private and personal use, in order to receive the Services. No other reproduction and / or representation, partial or complete, by any means, on any medium and in any form whatsoever, of the Elements may be made without the prior written consent of Couriier, except as provided by law.
The Client may not permanently or temporarily reproduce, translate, adapt, arrange, modify, decompile, exploit or distribute, for value or in part, the software, source codes or other programming codes used by Courier for Provide the Services or the App.
Use of the Application and the Services: The equipment necessary for the use of the App (mobile phone, etc.), as well as the connection to the necessary telecommunications services, remain the responsibility and responsibility of the Client.
The Customer is solely responsible for its use of the App and Services and Couriier assumes no responsibility in case of identity fraud or in case of fraudulent use or contrary to laws and regulations or Terms and Conditions.
The Customer guarantees that the data provided to Couriier during the order is accurate (size, weight, presence of dangerous products, addresses of taking care and delivery, etc.) Couriier can not be held responsible for a bad execution of the Services in
The Customer undertakes to pack the package properly for its transport by bicycle and that this packaging protects The package.
Couriier reserves the right to refuse access to the App, in case of fraudulent use or contrary to these General Conditions.
Availability of the App: Couriier does not guarantee that the App will work Without interruption or that it will be free from anomalies or errors, computer viruses or other malicious programs, or compatible with a particular hardware or configuration that the Client uses to access the App or Services. Couriier can not be held responsible for malfunctions attributable to third parties or technical failures inherent in the operation of telecommunications or the Internet.
Couriier may suspend access, without prior notice, to the App, For reasons of maintenance and updating or for security reasons.
Accuracy of geolocations: Geolocations are technically carried out by telecommunications operators.
Disclaimer: Couriier can not be held liable in the event of non-performance or improper performance of the Services linked to the fact of the Customer or to the insurmountable fact and Unforeseeable circumstances or force majeure or delays or impossibility of delivery due to weather conditions preventing cycling (ice, snow, etc.).
Value of packages: Courier is insured for losses or damage to parcels for a total amount of 100 €. Consequently, in case of loss or damage, the maximum value that will be reimbursed to the Customer by Courier is limited to 100 €. Any delivery of a parcel with a value of more than 100 € will be at the risk of the Customer for the value exceeding 100 €.
Limitation of liability: In case of delayed delivery, for some Couriier’s liability is strictly limited to the price of the order, for any prejudice whatsoever.
9. Claims for loss or damage
As a courier acting as a carrier, any claim for partial loss or damage to the package or its contents must be specified at the time of delivery or notified by registered letter with request for advice COURIIER – Reclamation – 21 rue des filles du Calvaire 75003 Paris France within three days from the date of delivery, in accordance with article L233-3 of the French Commercial Code. In the event of any other complaint, the Customer may write to Couriier by mail at COURIIER – Réclamation – 21 rue des filles du Calvaire 75003 Paris France or by email at Support@couriier.com.
10. Content of packages – prohibited products
The package must not present any risk to the courier or any other third party. The Customer is responsible for the content of the package, of which it guarantees the legality and the non-dangerousness. The following elements can not be delivered by Couriier and the Customer undertakes accordingly not to entrust him with parcels containing the following elements:
– Perishable foods under controlled temperature
– Human beings or animals Alive or dead
– Alcoholic beverages where the volume or weight represents more than 80% of the total volume or weight of the vehicle – Tobacco – Antiques and Tables – Weapons and related materiel Including spare parts)
– Perishable, infectious or non-infectious biological materials, organs
– Ash and funeral relics
– Precious metals, money, precious stones and jewels
– Narcotic drugs and psychotropic substances < Br> – Counterfeit products
– Moving furniture
– Tank products
– Deliveries with assembly
11. Archiving and proofing
Archiving of communications, orders, delivery photos and invoices is made on a reliable and durable medium by Couriier so as to constitute a faithful and lasting copy in accordance with article 1348 Of the Civil Code. These communications, orders, delivery photos and invoices may be produced by Couriier as proof of contract and performance of the Services.
12. Applicable Law and Jurisdiction
The contract between Couriier and the Customer resulting from the provision of the Services, including the Client’s order and these General Terms and Conditions, is subject to French law. Since this clause is not applicable to consumers, any disputes arising from the contract concluded between Couriier and the Customer which can not be resolved amicably will be subject to the exclusive jurisdiction of the Paris Commercial Court.