Privacy informative notice and request for consent for the processing of personal data (mbe franchising network services)
Pursuant to Article 13 of Regulation (EU) 679/2016, containing provisions for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (hereinafter, "GDPR"), we hereby provide the informative notice regarding the processing of personal data of subjects who may act either as individual customer or as person representing a business organization (hereinafter, in both cases, "Customer"). In the latter case, we will process the personal data of those individuals who act on behalf of the entity or, in any case, within its organization.
Personal data will be processed, depending on the purposes as specified in paragraph 3 below, “ Purposes of the processing of the personal data,” by the following subjects in their capacity of independent data controllers:
The MBE Franchisee - that is the entrepreneur that has entered into a franchising agreement with MBE (hereinafter, « MBE Franchisee ») and to which the Customer has requested the provision of one or more of the following services of the MBE franchising network such as; (a) shipment services; (b) domiciliation services; (c) graphic and printing services (hereinafter, « MBE Services »).
MBE France SARL - (RCS Paris 539 736 397 ; N° SIRET : 53973639700024 ; N°TVA : FR 37 539736397), with registered office at 37 bis rue Général Leclerc 92130 Issy-les-Moulineaux, tel. 0141 90 12 10, exclusive licensee for France of the brand “Mail Boxes Etc.” (hereinafter, « MBE ») ;
Customer's personal data, such as identification data, payment data and data relating to the requested MBE Service.
Customer acknowledges that any possible mention (for example, within the « Shipping Order Form », in case of shipment services and/or within other forms, depending on the requested MBE Service) of personal data and contact data of any other subject will represent a personal data processing in respect of which the Customer shall guarantee the compliance with the relevant applicable data protection provisions. To this respect, the Customer guarantees also that the said subjects whose personal data are collected and communicated were informed about the modalities and the purposes of the processing of their data. The personal data of said subjects will be communicated for the sole purpose of making the provision of the requested MBE Service possible.
Personal data will be processed, with the prior explicit consent, where necessary, by the MBE Franchisee and/or MBE depending on the purposes pursued by each of them, as independent data controller, as better described below.
3.1. Purposes of the processing of the personal data by the MBE Franchisee |
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| Processing | Legal basis for the processing | Consequences of the failure to provide personal data | |
| i) | Processing for purposes related to theperformance and management of the requested MBE Service, ainsi qu’à la gestion des paiements associés, des réclamations et des communications avec le Client ; le cas échéant, également pour le traitement lié à la vérification des clients et à d'autres exigences légales.as well as management of the related payments, complaints and communications with the Customer; where applicable, also for processing relating to the verification of customers and other legal requirements. | The legal basis for the processing of personal data is the contract to which the Customer is a party in order to enable the performance and management of the requested MBE Service. On the other hand, certain obligations (for example, those of fiscal nature or those of verification of customers in the context of domiciliation services) are mandatory at law. | The provision of personal data (and/or personal data of any third party, to the extent this is necessary for the performance and management of the requested MBE Service; for example: in the case of shipment services, the contact data of the person to whom the parcel is sent) is optional, however, failure to provide such data will make it impossible to perform and manage the requested MBE Service. |
| ii) | Processing for general marketing purposes, i.e. to send the Customer, by any means of communication (fax, e-mail, sms, mms, paper mail, telephone calls with operator or other channels), advertising and information materials of a promotional nature or, in any case, of commercial solicitation with regard to services, products or discounts of the MBE Franchisee, as well as to prepare studies, research and market analyses. | The legal basis for the processing of personal data is the consent of the Customer. | The provision of personal data is optional and failure to do so will only make it impossible for the MBE Franchisee to send advertising and promotional messages and carry out market research. This will not affect the performance and management of the requested MBE Service. |
| iii) | Processing for marketing opt-in purposes, to send e-mail communications related to direct purchases of services like those purchased in the past 12 months. | The legal basis for the processing of personal data is the legitimate interest of the Controller. | The provision of personal data is optional and failure to do so will only make it impossible for the MBE Franchisee to send marketing opt in communications via e-mail. This will not affect the performance and management of the requested MBE Service. |
3.2. Purpose of the processing of the personal data by MBE (MBE France S.A.R.L) |
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| Processing | Legal basis for processing | Consequences of the failure to provide personal data | ||
| i) | Processing for general marketing purposes, i.e. to send the Customer, by any means of communication (fax, e-mail, sms, mms, paper mail, telephone calls with operator or other channels), advertising and information material of a promotional nature or, in any case, of commercial solicitation with regard to services, products or discounts of MBE, and/or other companies of the MBE group, as well as to prepare studies, research and market analyses. | The legal basis for the processing of personal data is the consent of the Customer. | The provision of personal data for the aforementioned purposes is optional and failure to do so will only make it impossible for MBE France SARL to i) send advertising and promotional messages and carry out market research; ii) proceed with the aforementioned profiling: and/or iii) communicate the personal data to third parties for their own marketing purposes.
The performance and management of the requested MBE Service will remain unaffected. |
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| ii) | Profiling for direct marketing purposes, concerning individual customers or groups of customers to allow to assess, analyze or predict personal preferences regarding the value and type of the purchased MBE Service or its frequency of use in order to offer further services, products or discounts (such as shipment, graphics and printing services, domiciliation, communication, etc.). | |||
| iii) |
Communication of personal data of the Customer to third partie for their own marketing purposes. |
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In case of processing in connection to corporate transactions (sale of the company or transfer of a business going concern), due diligence, in case of defense of a legal right in court and in relation to the related preliminary activities, such processing will be carried out on the basis of legitimate interests of the data controller to the continuation of its business activities and for the protection of its rights.
We would like also to point out that where the Customer has given its consent to authorise MBE and/or the MBE Franchisee to pursue the purposes set out in paragraph 3.1. (ii) and paragraph 3.2. (i), (ii) and (iii) above, you will be free at any time to withdraw your consent to the processing of your data for the aforementioned purposes, with reference to all or some of the communication channels used by the data controller. The withdrawal may be exercised by sending, without any formality, a written communication to the addresses better specified in paragraph 9 « Contacts for the exercise of the rights of the data subject and for further information » below.
We would like also to point out that the Customer at the time of the collection of personal data and at the time of sending any communication sent for the purposes referred to in paragraph 3.1. (iii), has the possibility to object to the processing easily and free of charge, through the opt-out functionality or by sending without any formality a written communication to the contact details better specified in paragraph 9 “Contacts for the exercise of the rights of the data subject and for further information” below.
The processing will be carried out with the assistance of both automated instruments and on paper suitable for guaranteeing the security and confidentiality of personal data, this to collect, consult, store, manage, extract and transmit the personal data.
Personal data, which will not be publicly disclosed by either the MBE Franchisee or MBE, may be communicated:
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by the MBE Franchisee to: |
| (i) employees, agents or collaborators of the MBE Franchisee that are located within the territory of the European Union; |
| (ii) employees, agents or collaborators of MBE France SARL that are located within the territory of the European Union; |
| (iii) subjects that engage in activities of assistance and consultation on behalf of the MBE Franchisee in accountancy, administrative, legal, tax and financial matters that are located within the territory of the European Union; |
| (iv) subjects, bodies or authorities to whom or which the communication of your personal data is mandatory by virtue of provisions of law or orders issued by authorities; |
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by MBE (MBE France SARL) to |
| (i) employees, agents or collaborators of MBE France SARL that are located within the territory of the European Union; |
| (ii) subjects located within the territory of the European Union of whom or which MBE France SARL avails itself for profiling and marketing activities; |
| (iii) subsidiaries or associated companies, which currently include Gel Proximity, MBE Deutschland GmbH, MBE Poland Sp. z o.o., MBE SPAIN 2000 S.L., Mail Boxes Etc. (UK) Limited, PrestaShop S.A., MBE Worldwide S.p.A, World Options Ltd. |
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(iv) third parties with which - from time to time - commercial partnership agreements and/or common initiatives, campaigns and projects will be developed, which are located within the territory of the European Union and operate in the following industries: (a) information and other computer services (data processing, hosting and related activities; web portals; other information service activities); (b) (i) (i) land transport and pipeline transport (rail freight transport; road freight transport and moving services); (ii) maritime and waterborne transport (maritime and coastal freight transport; inland waterway transport of goods); (iii) air transport (air freight and space transport); (iv) warehousing and transport support activities (warehousing and storage; transport support activities); (v) postal services and courier activities (postal activities with universal service obligation; other postal and courier activities); (c) electricity, gas, steam and air conditioning supply (electricity generation, transmission and distribution of electricity; gas production and distribution of gaseous fuels by pipelines); (d) telecommunications (land telecommunications; mobile telecommunications; satellite telecommunications; other telecommunications activities); (e) in advertising and market research (advertising; market research and opinion polling); |
| (v) persons, companies or professional offices located within the territory of the European Union that engage in activities of assistance and consultation in accountancy, administrative, legal, tax and financial matters; |
| (vi) subjects, bodies or authorities to whom or which the communication of your personal data is mandatory by virtue of provisions of law or orders issued by authorities. |
Subjects belonging to the categories listed above, may act, as the case may be, as data processors (and in this case they will receive appropriate instructions from the relevant data controller) or as autonomous data controllers. In the latter case, personal data will be communicated only with the express consent of the data subject, except where the communication is mandatory or necessary pursuant to the applicable law or for the pursue of purposes for which the consent from the data subject is not required. With respect to MBE and to the subjects indicated at point (iv) above, personal data may be communicated for third parties own marketing purposes only following data subject’s consent.
Customer's personal data (and/or third parties’ personal data, depending on the requested MBE Service), will not be transferred outside the European Economic Area either by the MBE Franchisee or by MBE, unless it is necessary for the performance of that certain services (e.g. international shipments). In any case, each data controller has the right to transfer your Personal Data to third countries. Transfers of data outside the European Economic Area are subject to a special regime pursuant to the GDPR, and are only made in respect of countries that ensure an adequate level of personal data protection, on the basis of an adequacy decision of the Commission or where adequate safeguards have been adopted (including the standard contractual conditions provided by the European Commission), provided that the data subjects have enforceable rights and effective judicial remedies.
In application of the principle of proportionality, we inform you that:
(i) the MBE Franchisee will retain the personal data for a period not exceeding what is necessary to pursue the purposes specified in paragraph 3.1. (i) (execution and management of the requested MBE Service) and (ii) (marketing) above, save for the right of the Customer to withdraw its consent at any time where it constitutes the legal basis for the processing;
(iii) MBE will retain the personal data for a period not exceeding what is necessary to pursue the purposes specified in paragraph 3.2 (i) (marketing), (ii) (profiling) and (iii) (communication to third parties for its own marketing purposes) above, save for the right of the Customer to withdraw its consent at any time where it constitutes the legal basis for the processing.
The criteria for determining the retention period of the personal data take into account the processing period allowed at law, the applicable laws on the statute of limitation of rights and the legitimate interests of the data subject, where they are the applicable legal basis for processing.
Following the above retention periods, personal data will be deleted, aggregated or anonymized.
At any time, the Customer will be entitled to:
(i) obtain confirmation from the data controller as to whether personal data is being processed, and where that is the case, to access to the personal information pursuant to art. 15 of the GDPR;
(ii) obtain the rectification of personal data should it be inaccurate, or, taking into account the purpose of the processing, the integration of incomplete personal data;
(iii) obtain the erasure of personal data, where one of the grounds under art. 17 of the GDPR applies;
(iv) obtain the restriction of processing of personal data, where one of the cases under art. 18 of the GDPR applies;
(v) object to the processing of personal data on grounds relating to the Customers’ particular position, where applicable;
(vi) receive in a structured, commonly used and machine-readable format personal data concerning the Customer and that were provided to us, as well as to transmit those personal data to another controller, in the cases and within the limits referred to in art. 20 of the GDPR, where applicable.
The Customer shall also have the right to withdraw the consent to the processing of personal data (where given) at any time, without prejudice to the lawfulness of the processing based on consent before its withdrawal. Customer will have the possibility to opt-out from marketing via email by clicking on the relevant “unsubscribe” link.
According to the GDPR, the data controller may not charge for complying with any of the requests mentioned in this paragraph, unless they are clearly unfounded or excessive and repetitive. Should Customer request more than one copy of personal data or in cases of excessive or unfounded requests, the data controller may: (i) charge a reasonable expense, considering the administrative costs incurred to fulfil the request; or (ii) refuse to fulfil the request. In these cases, the data controller will inform the Customer of the costs before fulfilling the request.
The data controller may ask for further information before fulfilling the requests if it needs to verify the identity of the person who has made them.
Without prejudice to any administrative or legal remedy, you also have the right to lodge a complaint to the relevant supervisory Authority, if you believe that processing of your data is in breach of the GDPR. More information is available on the website https://www.cnil.fr/.
In any case, the data controller is interested in knowing the reasons for the complaint and asks the Customer to use the contact methods below before turning to the authorities, in order to prevent and resolve any disputes, amicably and promptly, with the greatest courtesy, professionalism and discretion.
For more information about the provisions contained in Articles from 15 to 22 of the GDPR: http://eur-lex.europa.eu/legal-content/IT/TXT/PDF/?uri=CELEX:32016R0679&from=it
With respect to the exercise of the rights in relation to the purposes specified in paragraph 3.1 above and/or to obtain any type of information you may need in relation to the MBE Franchisee pursuant to this privacy notice, you may send a written communication to the MBE Franchisee’s registered office.
With respect to the exercise of the rights in relation to the purposes specified in paragraph 3.2 above and/or to obtain any type of information you may need in relation to MBE pursuant to this privacy notice, you may send a written communication to MBE France SARL - (RCS Paris 539 736 397; N° SIRET: 53973639700024; N°TVA: FR 37 539736397), with registered office at 37 bis rue Général Leclerc 92130 Issy-les-Moulineaux, or by email at privacy@mbefrance.fr.
You can view the always-updated privacy informative notice by visiting the MBE Sites so that you can keep up to date with any future changes.
Last update date: May 30, 2024
In accordance with Articles 13 and 14 of Regulation (EU) 2016/679, containing provisions relating to the protection of individuals regarding the processing of personal data and the free movement of such data (hereinafter referred to as "GDPR"), we provide this communication regarding the processing of personal data for individuals acting within the organization of the company (hereinafter referred to as "Client") who have used one or more of the services offered by the MBE franchise network. These individuals have been contacted by phone for the purpose of conducting studies, research, and market statistics on the services offered by the MBE franchise network through service centers operated by third-party individual entrepreneurs under the MAIL BOXES ETC. brand (hereinafter referred to as "MBE Franchisees") under a franchise agreement, primarily offering shipping, communication, graphic design, and printing services (hereinafter referred to as "MBE Centers").
This communication complements the one provided at the start of the call made by the call center operator to the Client.
Personal data will be processed by SARL MBE France, with its registered office at 37, rue du Général Leclerc, 92130 Issy Les Moulineaux, the exclusive licensee for France of the "Mail Boxes Etc" brand, acting as the data controller (hereinafter referred to as the "Data Controller" or "MBE").
The following personal data, provided by the Client and/or collected by the Data Controller, may be processed:
The Client's personal data may be processed for the activities listed below.
The Client's personal data will be processed to contact the Client at the above phone number and to conduct an interview to enable MBE to carry out the relevant study, research, or market statistics on the services offered by the MBE franchise network.
If applicable, the Client's personal data may also be processed to schedule a later appointment with the telephone operator to reschedule the interview or set up other interviews.
Data processing for this purpose is based on the Client's consent already given for the processing of personal data for general marketing purposes, i.e., to send the Client, by any means of communication (fax, email, sms, mms, postal mail, operator-assisted phone calls, or other channels), promotional advertising and information material, or, in any case, commercial solicitation concerning MBE services, products, or discounts, as well as for preparing studies, research, and market statistics (hereinafter referred to as "Commercial Communications").
The Client may revoke consent for the processing of their personal data for these purposes at any time, either during the phone call or by sending a written notification to the contact details listed in paragraph 9 "Contact Information for Exercising Data Subject Rights and for Further Information" below. If the Client requests to stop receiving phone calls from MBE, their phone number will be included in the Data Controller's blacklist, i.e., the list of individuals who cannot be contacted by MBE for commercial purposes. Inclusion on the blacklist provides the best protection for the Client's interests, and the related processing is based on the Data Controller's legitimate interest in ensuring the Client's wish not to receive future commercial phone calls is respected. As a result, the Client will no longer receive Commercial Communications by phone.
Additionally, the Client can register at any time and free of charge with the Public Do Not Call Register. For more information on registration procedures, see http://www.bloctel.gouv.fr/.
In the case of processing related to potential corporate events (sale of the company or business units), due diligence, or in the case of defending a legal action and related preliminary activities, such processing will be carried out based on the Data Controller's legitimate interests in pursuing its business activities and protecting its rights.
Processing will be carried out using automated tools and on paper, appropriate to ensure the security and confidentiality of personal data, i.e., to collect, consult, store, manage, extract, and transmit personal data.
Personal data – which will not be disclosed publicly – may be communicated to:
The individuals in the categories listed above may act, as applicable, as data processors (and in such cases, they will receive appropriate instructions from the Data Controller) or as independent data controllers. In the latter case, personal data will only be communicated with the express consent of the data subjects unless the communication is mandatory or necessary under applicable law or for purposes for which the data subject's consent is not required.
The Client's personal data will not be transferred outside the European Economic Area. In any case, the Data Controller reserves the right to transfer personal data to third countries. Transfers of data outside the European Economic Area are subject to a special regime under the GDPR and are carried out only to countries that ensure an adequate level of personal data protection, based on an adequacy decision by the Commission or where appropriate safeguards have been adopted (including standard contractual clauses adopted by the European Commission), provided that data subjects have enforceable rights and effective legal remedies.
Personal data will be retained, in compliance with applicable legislation, for no longer than necessary to fulfill the purposes for which it is processed, subject to the Client's right to withdraw their consent at any time when such consent is the legal basis for processing.
The criteria for determining the retention period for personal data take into account the authorized processing duration and applicable statutory limitation periods, as well as the legitimate interests of the data subject when they constitute the applicable legal basis for processing.
Subsequently, personal data will be deleted, aggregated, or anonymized.
At any time, the Client (only in the case of a natural person and not a legal entity) will have the right to:
In accordance with the GDPR, the Data Controller will not charge for responding to the requests mentioned in this paragraph, except where they are clearly unfounded or excessive and repetitive. If the Client requests more than one copy of their personal data or in cases of excessive or unfounded requests, the Data Controller may: (i) charge reasonable fees, considering the administrative costs incurred to satisfy the request; or (ii) refuse to comply with the request. In such cases, the Data Controller will inform the Client of the costs before responding to the request.
The Data Controller may request additional information before responding to requests if necessary to verify the identity of the person making the request.
Without prejudice to any administrative or judicial remedy, the Client also has the right to lodge a complaint with the competent supervisory authority (for contact details of the supervisory authority in your jurisdiction, please visit this website https://ec.europa.eu/newsroom/article29/items), if the Client believes that data processing does not comply with the GDPR.
In any case, the Data Controller should be informed of the reasons for the complaint and will invite the Client to use the above contact methods before contacting the authorities, in order to prevent and resolve any disputes amicably and promptly, with the utmost courtesy, professionalism, and discretion.
For more information on the provisions contained in Articles 15 to 22 of the GDPR, click on the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN
To exercise your rights and/or obtain any type of information you may need in relation to this privacy policy, you can send a written communication to the following address SARL MBE FRANCE (Tax code and VAT number FR37539736397), with its registered office at 37 bis Issy les Moulineaux, or an email to privacy@mbefrance.fr.
In accordance with Article 13 of Regulation (EU) 2016/679, containing provisions regarding the protection of natural persons concerning the processing of personal data and the free movement of such data (hereinafter referred to as "GDPR"), we hereby provide you with information regarding the processing of your personal data provided by you and/or collected through the site https://auction.mbeglobal.com/ (the "Site").
Regarding the processing of your personal data carried out by the authorized MBE franchisee following the user's contractual proposal for the requested shipping service, we invite you to consult the "MBE Auction Shipping Service Privacy Policy" by the MBE franchisee.
Personal data collected through the Site will be processed by MBE FRANCE Sarl, with its registered office at 37 bis, rue du Général Leclerc - 92130 Issy les Moulineaux, exclusive licensee for France of the "Mail Boxes Etc." brand, in its capacity as the data controller (hereinafter referred to as the "Data Controller" or "MBE").
The following personal data that you have provided (hereinafter referred to as "personal data") may be processed by the website:
In addition, the following personal data you have provided may be processed if you decide to interact with the website:
The Data Controller will process your personal data for the following purposes:
The processing of your Personal Data for the purposes set forth in points 3, a. and 3, b. is carried out for the execution of a contract to which you are a party or to take steps at your request prior to entering into a contract in accordance with Art. 6 para. 1 lit. b) of the GDPR.
Any refusal to provide Personal Data for the aforementioned purposes will make it impossible to provide the relevant services requested through the Website.
The processing of your Personal Data for the purposes set forth in points 3, c. and 3, d. is optional and based on your freely given consent. Any refusal to provide your Personal Data for the aforementioned purposes will only result in the impossibility for the Data Controller and/or the selected MBE franchisee to send you advertising and promotional messages, as well as to carry out studies, research, and market statistics.
Personal data will be processed both by automated means and on paper, suitable for ensuring security and confidentiality, for collecting, consulting, storing, managing, extracting, and transmitting personal data.
Personal data will be disclosed to persons authorized for processing within the Data Controller's organizational structure.
Personal data may be communicated by the Data Controller exclusively for the purposes indicated, and if necessary, to the following categories of recipients:
The Controller may use "cookies" on the Website (e.g., text files sent and stored on the user's computer hard drive, which are then retransmitted during the next visit to the Site), or other similar tools to facilitate the use of services requested by the user, as well as to collect information from the user, to browse the Website and keep track of choices and preferences expressed on products/services. You can revoke your authorization at any time and oppose the use of cookies by selecting the appropriate settings in your browser. For more information on how to disable cookies, please refer to our cookie policy.
Personal data will be stored, in accordance with applicable law, for a period not exceeding that necessary for the purposes for which the personal data is processed, without prejudice to the right to withdraw consent at any time when this is the legal basis for processing.
The criteria for determining the retention period for personal data take into account the authorized processing period and applicable limitation laws and legitimate interests when they constitute the applicable legal basis for processing.
Subsequently, personal data will be deleted, aggregated, or anonymized.
At any time, you will have the right to:
Regarding the exercise of your rights related to the purposes set out in point 3 above and/or to obtain any information you may need concerning the Data Controller in accordance with this privacy policy, you may send a written communication to MBE FRANCE Sarl (tax code and VAT number 539 736 397), with its registered office at 37 bis, rue du Général Leclerc - 92130 Issy les Moulineaux, by fax at +33 9 67 13 81 14, or by email at privacy@mbefrance.fr.
This privacy policy is effective from the date indicated at the end of this policy. We recommend regularly checking this privacy policy by visiting the website to stay informed of any future changes.
Last updated: November 7, 2022
In accordance with Article 13 of Regulation (EU) 2016/679 concerning the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter referred to as the "GDPR"), we hereby provide you with information regarding the processing of your personal data carried out by the authorized MBE franchisee selected through the website https://auction.mbeglobal.com/ (hereinafter referred to as the "Website"), in the event that a contractual proposal is made to regulate the execution of the shipping services. This notice concerns the processing of personal data of individuals who may be either individual customers or individuals acting within a company (hereinafter, in both cases, the "Client"). In the latter case, the personal data of individuals acting on behalf of or within this legal entity will be processed.
If you submit a contract proposal to an authorized MBE franchisee, your personal data will be processed by the selected MBE franchisee as the data controller (hereinafter referred to as the "Controller" or "MBE Franchisee"). The identification details of the MBE franchisee are indicated on the website during the process of generating the quote and the potential submission of the contract proposal to them.
As part of the data processing, the Client's personal data such as identification data, payment data, and data related to the requested shipping service will be processed.
The Client acknowledges that any communication of personal and contact data of any other person represents a personal data processing for which the Client guarantees full compliance with the applicable data protection provisions. To this end, the Client also guarantees that the aforementioned entities whose personal data is collected and communicated have been informed of the method and purpose of the processing. Third-party personal data is communicated solely to enable the provision of the requested shipping service.
Personal data will be processed for the following purposes:
The processing of your personal data for the purposes set out in point 3, a. is carried out based on a contract to which you are a party in order to enable the execution and management of the requested shipping service or the execution of pre-contractual measures taken at your request, in accordance with Art. 6 para. 1 lit. b) of the GDPR. On the other hand, certain legal requirements (e.g., those of a fiscal nature) are mandatory by law.
The provision of personal data (and/or that of any third parties, if necessary for the execution and management of the requested shipping service) is mandatory. Failure to provide it will render it impossible to execute and manage the requested service.
The processing of personal data for the purposes set out in point 3, b. is carried out based on the Client's consent given during the process of generating the quote and the potential submission of the contract proposal to the MBE Franchisee via the Website for the conclusion of an agreement governing the execution of the requested services.
The provision of personal data is optional, and failure to provide it will only result in the inability of the MBE Franchisee to send advertising and promotional messages and conduct market studies. However, the execution and management of the requested service remain unchanged.
The collected Personal Data may also be processed in the context of potential corporate events (sale of the company or branches of the company), due diligence, legal defense, and related preliminary activities. Such processing will be carried out based on the legitimate interests of the MBE Franchisee in pursuing its business activities and protecting its rights.
Personal data will be processed both by automated means and on paper, suitable for ensuring security and confidentiality, for collecting, consulting, storing, managing, extracting, and transmitting personal data.
Personal data – which will not be disclosed – may nevertheless be disclosed by the MBE Franchisee to:
The Client's personal data (and/or that of third parties, depending on the requested service) will not be transferred outside the European Economic Area unless necessary for the execution of certain services (e.g., international shipping). In any case, the MBE Franchisee reserves the right to transfer personal data to third countries. Transfers of data outside the European Economic Area are subject to a special regime under the GDPR and are only carried out to countries that offer an adequate level of personal data protection, either based on a Commission adequacy decision or where adequate safeguards have been put in place (including standard contractual clauses provided by the European Commission), provided that data subjects have enforceable rights and effective remedies.
In accordance with the principle of proportionality, the MBE Franchisee will retain personal data for a period not exceeding the period necessary to achieve the purposes set out in paragraph 3, without prejudice to the Client's right to withdraw consent at any time when this constitutes the legal basis for processing.
The criteria for determining the retention period for personal data take into account the authorized processing period and applicable limitation laws and legitimate interests when they constitute the applicable legal basis for processing.
Subsequently, personal data will be deleted, aggregated, or anonymized.
At any time, the Client will have the right to:
Regarding the exercise of your rights related to the processing carried out by the MBE franchisee and/or to obtain any information you may need, in accordance with this privacy policy, you may send a written communication to the registered office of the MBE franchisee at the contact details indicated on the website.
This privacy policy is valid from the date indicated at the end of this privacy policy. We recommend regularly checking this privacy policy by visiting the website to stay informed of any future changes.
Last updated: November 7, 2022
https://auction.mbeglobal.com/ (hereinafter "WEBSITE").
1.1. MBE France SARL, whose registered office is located at 37bis, Boulevard du Général Leclerc, 92130, Issy-les-Moulineaux, registered under RCS number Nanterre 539 736 397, and VAT number: FR37539736397, contact: info@mbefrance.fr, phone: +33 1 41 90 12 10 (hereinafter the "Franchisor"), holds in France an exclusive license for creating, directly or indirectly through franchisees, a network of franchised stores operating under the common trade name MAIL BOXES ETC. and/or MBE (hereinafter collectively referred to as the "MBE Franchisees", or individually as the "MBE Franchisee").
1.2. The MBE Franchisees are autonomous and independent entrepreneurs operating under the MBE brand in accordance with a franchise agreement with the Franchisor, offering, among other things, shipping, photocopying, graphic design and printing, communication, and domiciliation services.
The Franchisor created the Website to allow users of the aforementioned services to obtain quotes and enter into contracts with MBE Franchisees so they can benefit from the shipping service of products purchased from an auction house (hereinafter the "Shipping Service") and any ancillary services (hereinafter the "Ancillary Services") offered by MBE Franchisees. Through the Website, users can also, based on the quotes obtained via the Website, submit contract proposals to the MBE Franchisees to conclude contracts related to the Shipping Service and any Ancillary Services.
2.1. The services offered by the Franchisor to users through the Website are governed by these General Terms of Use of the Website (hereinafter the "Terms of Use of the Website").
2.2. Through the Website, the user has the opportunity to use a series of services. In particular, the user can request a quote from an MBE Franchisee of their choice for the provision of Shipping Services and any Ancillary Services.
2.3. The quote is issued via the Website, based on the information entered directly by the user (such as the nature of the products, number, quantity, content, weight, and dimensions of the products, the value of the products, and the location for product pickup).
2.4. Through the Website, the user also has the option to send a contract proposal to the MBE Franchisee of their choice, in order to conclude the resulting contract governing the performance of the required services, under the conditions indicated in the quote issued in accordance with Article 2.3 above.
2.5. The user expressly acknowledges and agrees that the MBE Franchisor is not a party to contracts concluded between one or more MBE Franchisees and the user in relation to the provision of the requested services. Therefore, the Franchisor assumes no responsibility in this regard.
3.1. The user can access the Website to benefit from the services offered without creating an account. If the user decides to register on the Website to create an account, the following provisions apply. During the registration process, the user will choose the credentials they intend to use to access the Website. The credentials for accessing the Website must be kept with extreme care and attention. They may only be used by the user and may not be shared with third parties. The user agrees to keep them secret and ensure no third party has access to them, and agrees to immediately inform the Franchisor if they suspect or become aware of any unauthorized use or inappropriate disclosure of their credentials.
4.1. The user represents and warrants that the information entered on the Website is accurate, real, and complete.
4.2. The user authorizes the Franchisor to communicate the information entered by the user on the Website to the MBE Franchisee in order to enable the MBE Franchisee to handle any contract proposal submitted by the user, aimed at concluding a contract for the provision of the Shipping Service and any Ancillary Service, including for the processing of any administrative and/or operational tasks that may be necessary to handle the project in question.
5.1. The contents of the Website, such as, but not limited to, trademarks, images, and the general content of the Website, as well as the structure and organization of the Website content, the collection and classification of data and information, and any other communication, on any medium, published and/or otherwise disseminated on the Website and/or through the Website (hereinafter the "Content"), are the exclusive property of the Franchisor or, in any case, lawfully used by the latter, and are protected by intellectual and/or industrial property law.
5.2. The Content on the Website is provided for information and/or advertising purposes only.
5.3. It is prohibited to carry out, in any form and/or by any means and/or for any purpose, in whole or in part, any of the following operations regarding the Website and/or any Content: reproduce, publish, disclose, transmit, make available to the public, retransmit, broadcast, display, remove, delete, add, or modify in any way the Content and/or use derivative works, sell the Content or participate in its sale in any way, without obtaining the express written consent of the Franchisor and, where applicable, the other rights holders mentioned by the Franchisor. The Website may contain links to other websites unrelated to the Website or, in any case, to the Franchisor. The latter cannot be held responsible for the content of these websites and the procedures implemented by them, including regarding the processing of the user's personal data.
5.4. In any case, it is prohibited to activate links to the Website without the prior written consent of the Franchisor.
6.1. Personal data collected through the Website is processed in accordance with the privacy policy accessible via the following link: https://auction.mbeglobal.com/files/legal/privacy_information_fr.pdf
7.1. The Terms of Use of the Website are provided to the user in French and are always accessible under the "Terms of Use of the Website" section at the bottom of the Website. Any modification and/or addition to these terms will take effect upon their publication in the aforementioned section. The user is therefore encouraged to regularly visit this section and review, download, and save the most up-to-date version of the Terms of Use of the Website before requesting any quotes or submitting a contract proposal for the required services from the MBE Franchisee.
8.1. The Terms of Use of the Website are governed by and interpreted in accordance with French law.
9.1. Any complaints regarding the use of the website may be addressed to MBE France SARL by email at the following address: info@mbefrance.fr.
9.2. In the event of a rejected complaint, the user may, at no cost, seek the services of a mediator in accordance with the provisions of Articles L. 611-1 et seq. of the French Consumer Code. The Fédération Française de la Franchise is designated as the mediation body for consumer disputes (website: https://www.mediation-franchise.com/). For any disputes related to the Terms of Use of the Website involving a consumer, the user may choose between the court of their domicile or habitual residence, the court where the service was provided, or the court where the Franchisor has its registered office. The competent court of Nanterre will have exclusive jurisdiction over any other disputes that may arise regarding the interpretation, execution, or validity of the Terms of Use of the Website.
9.3. A European platform for online dispute resolution (referred to as the ODR platform), which consumers can use without any formalities, has been set up. The ODR platform is accessible online at the following address: http://ec.europa.eu/consumers/odr/.
Last updated: December 16, 2022
1.1. These General Terms and Conditions (the "General Terms and Conditions") govern the provision of services by the authorized MBE Franchisee selected by the user (the "MBE Franchisee"). The MBE Franchisee is an independent entrepreneur operating under the MBE brand in the context of a franchise agreement concluded with MBE France SARL, a limited liability company, having its registered office at Boulevard du Général Leclerc, 37bis, Issy-les-Moulineaux, 92130, and registered with the Nanterre RCS under number 539 736 397, as the exclusive license holder for France for the creation, directly or through affiliates, of a network of franchised stores operating under the common brand MAIL BOXES ETC. and/or MBE (the "Franchisor").
1.2. The user expressly acknowledges and agrees that the Franchisor is not a party to any contract that may be concluded between the MBE Franchisee and the user for the provision of the requested services.
2.1. By entering into the contract, in the manner indicated below, the user authorizes the MBE Franchisee to conclude, on their behalf, a shipping contract for goods purchased from an auction house with one of the following carriers: DHL, FEDEX, TNT, UPS, CHRONOPOST, GLS, whose terms are attached to these General Terms and Conditions. The MBE Franchisee will handle delivery to the address indicated by the user and sign, on their behalf and in their name, the corresponding waybill, which the user acknowledges to have read and understood as attached to these General Terms and Conditions (the "Shipping Service"). In this regard, the user is requested to read and/or download the .pdf version of the shipping terms and accept them, and, if necessary, retain them for their own information, which is also their responsibility. By submitting the contract proposal in accordance with Article 3.3 below, the user confirms that they will do so independently.
2.2. The goods accepted by the MBE Franchisee may be refused for shipping by the carrier.
2.3. In the event of loss or damage to these goods attributable to the carrier, the user must claim compensation directly from the carrier.
2.4. The MBE Franchisee does not accept deliveries of materials that cannot be shipped by the carrier. To this end, the user declares that the goods delivered do not fall into the category of goods not accepted/not handled by the carrier and acknowledges that the carrier's packaging standards have been communicated to them by the MBE Franchisee.
2.5. Additionally, the user may request the MBE Franchisee to provide any ancillary service (the "Ancillary Services") indicated in the quote.
2.6. For international shipments, for shipments outside the European Union, there are specific customs restrictions and regulations, which are subject to frequent changes, regarding the goods that can be shipped and the accompanying documents. These restrictions and regulations are indicated in the carrier's general terms and conditions, and the user must address any questions related to these restrictions and regulations directly to the carrier.
3.1. The user, via the website https://auction.mbeglobal.com (the "Website"), can obtain an automatically generated quote for the Shipping Service of a specific item purchased from an auction house, as well as for any additional service.
3.2. A preliminary quote is generated by the Website based on the information entered directly by the user (such as the nature of the item, the number, quantity, content, weight, and dimensions of the item, the value of the item, and the shipping location).
3.3. The user can then submit a contract proposal via the Website to the MBE Franchisee for the conclusion of an agreement governing the execution of the requested services, based on these General Terms and Conditions and the economic terms indicated in the preliminary quote in accordance with Article 3.2 above. Via the Website, the user may also, if desired, proceed with the payment of the amounts indicated in the preliminary quote.
3.4. The user will receive an email confirming the submission of the contract proposal to the selected MBE Franchisee.
3.5. Within 96 (ninety-six) hours of receiving the user's proposal, the MBE Franchisee may:
3.6. It is agreed that the MBE Franchisee may only perform the services requested by the user after:
3.7. Once the user has fulfilled all obligations under Article 3.6 above, the user must enter into the contract referred to in Article 2.1 above with the carrier within 30 (thirty) days, and therefore, the terms and specifications set forth in Articles L.216-2, L.216-3, and L.216-4 of the French Consumer Code may apply.
3.8. Before submitting the contract proposal via the Website, the user can identify and correct any data entry errors by following the instructions on the Website.
3.9. The provisions of these General Terms and Conditions will apply, to the extent they are compatible, even if, following the formulation of a quote via the Website, the conclusion of the contract for the Shipping Service and any Ancillary Services between the user and the MBE Franchisee takes place remotely but in a manner different from that indicated in this article.
4.1. The user declares and guarantees that the information entered on the Website and/or provided in any other way to the MBE Franchisee is accurate, precise, and complete (including, for example, the nature of the goods subject to the Shipping Service, the number, quantity, content, weight, and size of the goods, the value of the goods, as well as the sender's and recipient's details), including for any customs clearance and processing. In the event that (i) the MBE Franchisee finds that the information provided by the user is incorrect (for example, if the item shipped differs in whole and/or in part from the item indicated by the user) or (ii) the item is among those that cannot be transported by carriers, or (iii) the user fails to comply with their obligations under Article 3.6 above, the MBE Franchisee may terminate the contract following an 8 (eight) day notice sent by registered mail with acknowledgment of receipt to the user. On their part, the user may terminate the contract if the MBE Franchisee fails to comply with its obligations following an 8 (eight) day notice sent by email with acknowledgment of receipt to the MBE Franchisee.
4.2. Subject to applicable mandatory regulations, the MBE Franchisee is responsible, up to the declared value of the goods by the user, for the packaging (only if carried out by the MBE Franchisee), storage, and delivery of the goods to the carrier.
4.3. Except in cases of MBE Franchisee's breach, and subject to applicable mandatory regulations, the liability of the MBE Franchisee is governed by the following provisions:
5.1. The prices indicated in the quotes generated by the Website are expressed in euros and include VAT, but do not include customs duties or other fees. They are based on the information provided by the user and only concern the services requested. Any additional charges for the transport service may be excluded from the quote, as well as any additional charges that may be necessary due to the user's conduct, such as, but not limited to, the user's violation of these General Terms and Conditions. The user can consult the additional charges applied by the carriers on each carrier's website and in their general terms and conditions.
5.2. For the payment of the requested services, the user may use one of the payment methods displayed on the Website during the contract proposal submission process. If the conclusion of the contract for the Shipping Service and any additional service between the user and the MBE Franchisee takes place in a manner other than that indicated in Article 3 above, the user must make the payment in the manner specified by the MBE Franchisee from time to time.
5.3. In the case referred to in Article 3.5 letter c) above, or if the user does not communicate their acceptance within the deadline indicated by the MBE Franchisee in accordance with Article 3.5 letter b) above, the MBE Franchisee will cancel the payment without delay and no later than 72 (seventy-two) hours thereafter.
5.4. Any additional payment to complete the amounts already paid will be made by the user in the manner specified by the MBE Franchisee from time to time.
6.1. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the user has a period of 14 days to exercise their right of withdrawal without having to provide reasons or pay a penalty. The right of withdrawal may be exercised by mail, using the withdrawal form provided in the annex or any other unambiguous statement expressing the intention to withdraw. The refund will be made within 14 days of notifying the MBE Franchisee of the user's decision to withdraw, using the same payment method as the user used for the initial transaction, unless the user has expressly agreed otherwise, and provided that the user does not incur any fees as a result of this refund.
6.2. However, the user is informed that they cannot benefit from the right of withdrawal for the supply of goods made to their specifications or clearly personalized, in accordance with Article L. 221-28, 3° of the French Consumer Code.
6.3. For services subject to a right of withdrawal, if the user wishes the service to begin before the withdrawal period expires, they must authorize the MBE Franchisee to execute the services immediately and acknowledge that they will lose their right of withdrawal once the service has been fully performed by checking the box below, in accordance with Article L.221-25 of the French Consumer Code. When the user has authorized the MBE Franchisee to perform the service before the withdrawal period expires, they cannot benefit from the right of withdrawal once the service has been fully performed, in accordance with Article L. 221-28, 1° of the French Consumer Code.
7.1. The personal data collected via the Website or otherwise communicated by the user under these General Terms and Conditions will be processed in accordance with the privacy policy of the selected MBE Franchisee.
8.1. The General Terms and Conditions are made available to the user in French and are always accessible under the "General Terms and Conditions" section at the bottom of the Website. Any modifications and/or additions will take effect upon their publication in this section. The user is therefore invited to regularly visit this section and review, download, and save the most up-to-date version of these General Terms and Conditions before requesting any quotes and submitting a contract proposal for the required services to the MBE Franchisee.
9.1. The General Terms and Conditions are governed by French law and subject to French jurisdiction.
10.1. Any claims related to the purchase of services may be addressed to the chosen MBE Franchisee via the contact details available as indicated in Article 11.3 below.
10.2. In the event of a rejected claim, the user may, at no cost, seek the services of a mediator in accordance with the provisions of Articles L. 611-1 et seq. of the French Consumer Code. To this end, the Fédération Française de la Franchise is designated as the mediation body for consumer disputes (website: https://www.mediation-franchise.com/).
10.3. For any disputes related to these General Terms and Conditions involving a consumer, the user may choose between the court of their domicile or habitual residence, the court where the service was performed, or the court where the MBE Franchisee's registered office is located. The Nanterre Court will have exclusive jurisdiction for all other disputes that may arise concerning the interpretation, execution, and validity of these General Terms and Conditions.
10.4. A European online dispute resolution platform (referred to as the ODR platform) has been set up, which consumers can use free of charge. The ODR platform is accessible online at the following address: http://ec.europa.eu/consumers/odr/.
11.1. Any tolerance by the MBE Franchisee of the user's behavior in violation of these General Terms and Conditions does not constitute a waiver of the rights arising from the violated provisions nor a waiver of the right to demand the exact performance of all the provisions of these General Terms and Conditions.
11.2. These General Terms and Conditions replace any prior or contemporaneous agreement between the parties.
11.3. The contact details of the MBE Franchisee you have selected are available [https://www.mbefrance.fr/fr/localisation-centres].
Withdrawal Form in case the contract does not fall within the scope of the exceptions provided for in Articles 6.2 and 6.3.
Please note that no right of withdrawal applies in the following cases:(Please complete and return this form only if you wish to withdraw from the contract).
To [the professional inserts here their name, geographical address, and email address]:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods (*)/for the provision of the following services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified in paper format):
Date:
(*) Delete as appropriate.
General Terms and Conditions of Sale INTRODUCTION General Logistics Systems France, hereinafter referred to as GLS France, acting as a freight forwarder, is entrusted by the client with the organization of parcel and document transportation according to the general terms and conditions of sale provided below. The rights and obligations of the parties not specified by these terms and not contrary to them are governed by the standard transportation commission contract introduced by Article D 1432-3 of the French Transportation Code in its version applicable on the day of the transport. The delivery of the goods constitutes express and unreserved acceptance of these terms and conditions and a waiver by the client of its own general terms of purchase. In the execution of these terms, GLS France has the choice of transportation routes and means. The client expressly acknowledges that any claim made, for whatever reason, will be handled based on the forwarder's general terms and conditions of sale in effect on the shipping date. The fact that GLS France does not invoke one of these terms cannot be interpreted as a waiver of invoking it later. These General Terms and Conditions supersede any other prior written or oral document or agreement, as well as the general terms and conditions previously signed by the Client.
1/ ACCEPTANCE OF TRANSPORTS Given the organization and infrastructure in place, shipments delivered to GLS France must be:
2/ PENDING / STORAGE OF PARCELS
3/ EXTENT OF SERVICE
4/ DURATION
5/ PRICES AND TERMS
6/ PAYMENT
7/ LIABILITY AND INDEMNIFICATION FOR DISPUTES
7.2 For damaged parcels and/or those with damaged goods, GLS France reserves the right to conduct an inspection of the damage. In cases where GLS France wishes to exercise this option, it will notify the client. The GLS France delivery agency will carry out an occasional pickup of the damaged goods only, within 8 days of receiving the notice issued by GLS France in accordance with this clause. A descriptive sheet of the damage will be given to the recipient to certify the quality, quantity, and nature of the returned goods. After verifying the damage and complying with this article, GLS France will calculate the indemnity. The amount for which GLS France will be liable in terms of compensation will be communicated to the client, who must then comply with the dispute indemnification procedure provided in Article 8.
7.3 Damaged goods may be destroyed by GLS France unless the client expressly and in writing requests their return at their expense.
7.4
7.5 In case of a dispute over the recipient's signature, the Client must provide GLS France with a sworn statement of non-receipt of the parcel, signed by the recipient. Failing this, the claim cannot be registered by GLS France's customer service. Any additional proof, such as a copy of the recipient's signature, may be sent by GLS France to the client by fax or email. The Client's activity report will also be sent by email. Any evidence or data associated with recipient claims may be analyzed afterward, within the legal retention period and in accordance with these terms, for the purpose of improving the service and/or protecting GLS France's interests.
7.6 The Client agrees to inform the parcel recipients of the terms of this clause and to cooperate with GLS France to prevent any abusive claims.
7.7 The warranty conditions in this article only apply to Pick&Ship Service, Pick&Return Service, and ShopReturn Service products if the client proves that the damage or loss is directly attributable to GLS France. The warranty conditions outlined above do not apply to the Global Express Parcel product, which is subject to special conditions defined by an amendment.
7.8 GLS France's liability cannot be extended to cover indirect or consequential damages resulting from delays, loss, or damage to a parcel. In this regard, and without limiting this list, the parties agree that indirect damages include delays, loss of business, profits, orders, deprivation of use, production stoppages, as well as any other commercial loss or any action brought against the Client by a third party.
8/ DISPUTE INDEMNIFICATION PROCEDURE
9/ DELIVERY TIMES GLS France does not guarantee delivery times mentioned in the various commercial documents, as these are indicative only. In case of prejudice resulting from a delivery delay, the compensation for such delay cannot exceed the transport price (including duties, taxes, and other charges), excluding any other damages.
10/ EXCLUSIONS
10.2 If GLS France finds that the parcels or a typology of parcels delivered by the Client are difficult to convey, despite a number of specific measures put in place, it will inform the Client in writing to find a solution. If, after discussion with the Client, it turns out that no corrective measures can resolve the transportation difficulty, GLS France will have the option to terminate the contract with one month's notice from the sending of a registered letter informing the Client of its decision.
10.3 GLS France is not an authorized warehouse keeper and does not handle the transportation of wines, spirits, or liquors, except for shipments where the client has completed all prior formalities in compliance with the applicable regulations, particularly those relating to excise duties and quantity limits. GLS will be relieved of all responsibility for such shipments. In any case, transportation on an exceptional basis depending on the nature of certain goods is subject to prior, written, and express approval from GLS France. Even when GLS France has given prior approval, it may unilaterally withdraw this approval, particularly in the event of a change in applicable regulations concerning the goods concerned.
11/ COMPETITION - ANTI-CORRUPTION - ANTI-MONEY LAUNDERING
12/ PERSONAL DATA PROTECTION
13/ AUTHORIZATION TO USE LOGO GLS France reserves the right to use the Client's name and logo in its marketing and promotional publications, including but not limited to printed materials, during presentations of its services to prospects, during public presentations, and on its website.
14/ GENERAL PROVISIONS
Current General Terms and Conditions of Sale 1. OBJECT Unless specific conditions apply to certain services, these terms aim to define the methods for carrying out document and goods transport services performed under the CHRONOPOST® brand. The list of serviced countries and the specifics of the services offered are available on www.chronopost.fr. In any capacity, and particularly as a forwarding agent or carrier, CHRONOPOST commits to delivering parcels from the moment they are taken in charge to the agreed destination, following the route, procedure, and carriers it chooses. No special terms or other general terms and conditions from the sender may override these terms unless expressly agreed by CHRONOPOST. 2. CONDITIONS OF ACCEPTANCE The sender agrees to comply with the following acceptance conditions: 2.1 Standard Parcels: Mechanized parcels must meet the following standards: Weight: Less than or equal to 30 kg. For Chrono Relais service: Less than or equal to 20 kg. Maximum dimensions: The sum of the length + 2 heights + 2 widths must not exceed 300 cm, and the length must not exceed 150 cm. For Chrono Relais service: The sum of the length + 2 heights + 2 widths must not exceed 250 cm, and the length must not exceed 100 cm. Any parcel that does not meet these conditions will be subject to an "Out of Standard" processing surcharge, according to the applicable pricing based on the weight of the parcel. 2.2 Non-mechanized Parcels: Parcels presenting one or more of the following conditions will be processed as non-mechanized and may be subject to a fixed surcharge, referred to as a "handling surcharge" - Maximum dimensions: Length or diagonal must not exceed 110 cm - Minimum dimensions: 30 cm x 21 cm, minimum thickness of 3 cm or 200 grams - parcels with unstable or irregular shapes (spheres, cylinders, rolls) - parcels that are poorly or partially packed - parcels with a protruding element, And generally, any parcel requiring specific manual sorting. 2.3 Non-compliant Label: The sender agrees to provide CHRONOPOST with labeled parcels, each with a different parcel reference. These labels must be affixed to the flat surface of the parcel, the barcode must be visible and well-printed. Parcels that are poorly labeled or whose label is poorly positioned, unreadable, partially hidden, soiled, or that do not allow the barcode to be read will be subject to a fixed surcharge, referred to as a "non-compliant label" surcharge, according to the applicable pricing. 3. RESTRICTIONS ON ACCEPTANCE In general, the following cannot be accepted: - all goods subject to national and international regulations on dangerous goods such as, but not limited to, ammunition, gases, flammable, radioactive, toxic, infectious, or corrosive substances, as well as any items that, due to their nature or packaging, may pose a danger to drivers or handlers, the environment, transport vehicles, or other transported parcels, vehicles, or third parties; - jewelry, watches, precious stones and metals, coins, currencies, banknotes, financial or securities, titles or means of payment, bills of exchange or commercial papers, gift vouchers, telephone cards, or equivalents, as well as any paper or other documents enabling fungible payments and/or subject to the legality of funds transport; - live or dead animals, plants, goods under controlled temperature, perishable products or goods, biological or blood samples, organs, as well as any product subject to excise duty in suspension of taxes; - all types of weapons, narcotics, psychotropic substances, works of art, art objects, antiquities, collectibles, publications, or audiovisual media prohibited by any applicable law or regulation; - bids, pre-qualification files for tender awards, application files, and exam copies, as well as any prototypes. Internationally, objects subject to the above restrictions, as well as furs and items not permitted for import into the destination country, cannot be accepted. The sender agrees to inform CHRONOPOST of any non-apparent characteristics of the goods that could impact the transport process. If the sender entrusts CHRONOPOST with items or documents subject to the above restrictions, they will travel at the sender's sole risk and without liability for CHRONOPOST. The sender will bear any consequences related to non-compliance with these restrictions and will be held responsible for any damage caused to third parties and/or CHRONOPOST. In case of a violation of the above provisions, the sender authorizes CHRONOPOST to dispose of the parcels as it sees fit, including abandoning the shipment and indemnifying CHRONOPOST for any consequences resulting from this, of any nature. If the sender entrusts CHRONOPOST with goods subject to excise duty in duty-paid status, without prejudice to the above restrictions, they agree to comply with the regulatory constraints in effect, particularly regarding traceability, to certify, where applicable, that they are correctly managing these duties so that CHRONOPOST is not concerned or sought after. CHRONOPOST may accept the transport of certain dangerous goods, benefiting from exemptions related to special provisions (such as for certain lithium batteries) or packaged in limited quantities as defined by the ADR agreement, the IMDG code, and IATA regulations, subject to prior transport approval. In any case, dangerous goods are only accepted if the labeling, marking, documentation, and specific packaging standards are met by the sender. Certain goods also require the sender to provide a specific transport form. 4. OBLIGATIONS OF THE SENDER - Contents: The sender is responsible for any damage caused to third parties and/or CHRONOPOST by a parcel subject to the above restrictions and for all consequences related to non-compliance with these restrictions. - Mandatory Information: The sender is responsible for the information provided on the transport form, particularly the name and surname for individuals, the company name for legal entities, as well as the recipient's geographical address allowing their geolocation (including number, street name, postal code, country, and entry code) and phone number and/or email address. This mandatory information must be precise, accurate, and complete to allow for normal delivery conditions. - Packaging: Parcels are prepared and packed by the sender in a secure location. They are packed in a closed, sturdy package suitable for the contents and the transport requirements, including the successive handling involved in transport. Failing this, the parcel travels at the sender's sole risk. - Weight: The sender records the weight of the parcel on the transport document. CHRONOPOST may verify the weight declared by the sender and reserves the right to correct any error or omission in weight, applying either the actual weight or the volumetric weight, based on regularly checked weighing equipment, with the higher value being used for billing purposes. The sender authorizes CHRONOPOST to adjust the billed amounts based on the corrections obtained. - Customs formalities: If customs formalities are required, the exporter and/or importer gives a direct representation mandate to CHRONOPOST in its capacity as a Registered Customs Representative to act on their behalf in customs declarations. Customs clearance services are billed according to the provisions of the "Price" section. The exporter and/or importer must provide all necessary documents for the completion of customs formalities, in compliance with applicable regulations, and provide their EORI number if necessary. They are liable for the costs incurred by CHRONOPOST in case of inaccurate declarations and for those incurred by the recipient if not paid by them. Unless otherwise agreed, only DAP (Incoterm: Delivery at place) shipments are accepted by Chronopost. No parcels can be shipped under the temporary export regime. CHRONOPOST cannot be held liable for acts or omissions attributable to the exporter and/or importer or the customs service. The exporter and/or importer bears all financial consequences arising from incorrect, incomplete, inapplicable, or late documents or any failure to comply with regulations, including customs, which may result in CHRONOPOST being liable for additional duties, taxes, or fines from the relevant authority. The mandate given to CHRONOPOST does not include representation in customs disputes. Parcels requiring additional customer service processing for export or import will be subject to a surcharge according to the applicable pricing. A customs assistance tool is available on www.chronopost.fr. - Labeling: The sender agrees to send CHRONOPOST via EDI a file containing all shipments each day, no later than 11:59 p.m. 5. INSPECTION RIGHTS - EXPORT CONTROL As part of customs or security inspections, the sender accepts that CHRONOPOST, as an authorized agent or any government authority, including customs, has the right to open and inspect the parcels entrusted to it at any time, without this right affecting the fact that the sender remains solely responsible for the accuracy of their declarations. Additionally, the sender is informed that all parcels loaded onto planes are subject to security checks, which may include the use of X-rays. If, after suspending the shipment for security or inspection reasons, CHRONOPOST cannot, within a reasonable period, obtain instructions from the sender or the recipient and/or the necessary documents to resume the shipment, it will be entitled to destroy the parcel or dispose of it, without liability being incurred. For international shipments, the sender guarantees that they will not entrust CHRONOPOST with parcels if the sender or any third party involved in the shipment is subject to restrictive measures or embargoes by an international organization (UN, EU, US, etc.). In this regard, the sender acknowledges that they are not on the "Specially Designated Nationals List" (SDN) issued by OFAC (US Treasury Office of Foreign Assets Control) and will not send CHRONOPOST parcels to individuals on this list. Otherwise, CHRONOPOST reserves the right to (i) suspend or interrupt the shipment, (ii) provide all required information to the relevant authorities and apply the procedures required by them, including destroying the parcels at the sender's expense, without CHRONOPOST's liability being incurred. Parcels requiring processing to comply with export control will be subject to a surcharge according to the applicable pricing. 6. ACCEPTANCE / DELIVERY Deliveries to TSA, Cedex, PO Box, CS, Free Response, and Poste Restante addresses are not ensured. Upon delivery, any damage or loss of contents must be noted by the recipient in writing, precisely, fully, dated, and signed on the delivery receipt. The recipient's digital signature, along with its reproduction or any other incontestable means of secure identification, serves as proof of parcel delivery, and both parties recognize this signature as having the same legal value as a traditional paper signature. Any item held for collection is handed over to the recipient or their authorized agent upon presentation of an ID and after payment of any applicable duties and taxes (VAT, customs duties, octroi de mer, other taxes) in force, as well as customs clearance services provided by CHRONOPOST. For national shipments, and unless otherwise notified by the sender, an interactive delivery service (Predict) is offered to the recipient, who receives a delivery notification when the parcel is picked up, as well as in the event of an unsuccessful delivery. They can directly modify with CHRONOPOST: - the initial delivery date (within a maximum of 6 working days from the original date) and/or - choose a different delivery point than the one initially chosen by the sender, such as a nearby collection point (Pickup relay or CHRONOPOST agency) proposed by CHRONOPOST within the initial delivery area, or choose the address of an identified neighbor or another safe delivery location in agreement with CHRONOPOST. If the recipient provides an instruction to CHRONOPOST to modify the delivery day, the sender cannot claim compensation based on the delay. The recipient's mobile phone number and/or email address are mandatory details provided to CHRONOPOST on transport documents and/or during end-of-day electronic file transmissions to allow notification of the recipient. 7. LIABILITY 7.1 LOSS/DAMAGE CHRONOPOST is liable for any loss or material damage to the parcel during transport or non-delivery, unless it is caused by the sender or recipient, a force majeure event, inherent defect of the item, or insufficient packaging, which are not exhaustively listed as exonerating factors. If established, CHRONOPOST is liable for the value of the goods on the day of the incident, the cost of repair, or the direct costs of document reconstruction, up to a limit of 250 euros per parcel, subject to proof. However, the compensation limit for Chrono 18, Chrono Classic, and Chrono Relais Europe services, as well as any parcel containing mobile phone items, is set at 23 € per kilogram, not exceeding 690 € per parcel, subject to proof. 7.2 DELAY CHRONOPOST will not be held responsible for delays due to a force majeure event as defined in Article 1218 of the Civil Code. The Parties agree that a delay resulting from a regulatory measure imposed by public authorities following a pandemic or any other measure taken by public authorities that may affect the delivery time, or disruptions in air or road traffic related to a local protest, constitute force majeure. For national shipments, delivery times are as follows: - for pick-up from Monday to Friday. However, in the case of drop-offs at post offices or CHRONOPOST agencies, delivery times apply to pick-ups from Monday to Saturday morning. Saturday pick-up outside post offices or CHRONOPOST agencies is possible after assessing operational and economic feasibility. If feasible, the agreed service will be subject to a surcharge for that pick-up. - for delivery from Monday to Friday, except public holidays. Depending on the services, Saturday delivery is possible as an option. For certain coastal islands, the delivery time may be extended by one day. For Corsica, and the day after public holidays, delivery may occur during the day without a delivery time commitment. For the Chrono 18 service, the delivery time may be extended by one day for Corsica. For international shipments, delivery times apply to pick-ups from Monday to Friday, except for shipments handed over on Saturday, for which delivery times start on the following Monday. Deliveries are made on working days, except public holidays, in the destination country. Any damage related to a delay or refusal of the parcel due to a delay resulting from export control as referred to in Article 5 will not be subject to any compensation claim, and CHRONOPOST's liability cannot be engaged as a result. In the event of a delay in delivery caused by CHRONOPOST and proven damages, CHRONOPOST agrees to pay compensation that does not exceed the transport price (excluding duties, taxes, and various fees), upon written request made in accordance with the complaint procedure defined in Article 9 below. Parcels subject to an "Out of Standard" processing surcharge will not be eligible for refund in the event of a delivery delay. 7.3 INDEMNIFIABLE DAMAGE CHRONOPOST shall not be responsible for the coverage of immaterial or indirect damages, whatever the cause. 8. TRANSPORTED GOODS INSURANCE The sender may insure the contents of their parcel up to the authorized maximum limits by paying the corresponding premium in accordance with the rates and conditions available on www.chronopost.fr or specific contractual conditions, excluding acceptance restrictions. The sender must declare the pre-tax value of the parcel starting from the first euro and pay the corresponding premium. The insured value replaces the contractual liability limit for loss and damage. Insurance covers loss or damage to the transported goods. It does not cover immaterial damages, damages resulting from a delay, or indirect damages (such as loss of market, profit, or use...). Insurance does not cover the fault of the sender or recipient, inherent defect of the item, insufficient packaging, acts of terrorism, popular movements, riots, war circumstances, or any nuclear damage. Since insurance is taken out by CHRONOPOST on behalf of the sender, the latter has a direct right of recourse against the insurer for compensation of their damages. 9. CLAIMS Subject to forfeiture and inadmissibility of the request, any claim must be specifically addressed to the "Customer Service" in writing, using the contact details on the transport form, or via the online Customer Service, accessible from the customer area https://www.chronopost.fr/fr/authentification, within the following time limits: • for national shipments: no later than three (3) days after delivery for professionals or no later than fourteen (14) days after delivery for consumers. • for international shipments: no later than twenty-one (21) days after delivery for both professionals and consumers. The claim must be justified and accompanied by evidence of the damage suffered (transport form, purchase invoice, photographs showing the damage, etc.). The claim is admissible only if the transport price has been paid. In the absence of detailed reservations made by the recipient on the delivery note, the claimant must prove that the damage occurred during transport and establish that the damage is attributable to the transport. 10. PRICE The service is billed based on the destination zone, the type of service ordered, and the actual or volumetric weight of the parcel. CHRONOPOST may apply the principle of volumetric billing if the volumetric weight is greater than the actual weight. The volumetric weight is calculated using the following formula: (length.cm x width.cm x height.cm) /5000. If no parcel is picked up during the scheduled collection, a surcharge will apply according to the applicable pricing. Parcels that require address correction or are returned to the sender, and shipments containing multiple parcels addressed to the same recipient, may be subject to a surcharge according to the applicable pricing. For shipments to Corsica, as well as shipments to hard-to-reach areas (islands, mountains...) or remote areas, a surcharge will apply per parcel according to the applicable pricing. The absence of transmission of the mandatory additional information (recipient's mobile phone number and/or email address) or the communication of mandatory information that does not allow for geolocation of the geographical address may result in a surcharge according to the applicable pricing. The prices in effect will be revised in case of significant variations in CHRONOPOST's costs due to external conditions, such as the price of fuel (L 3222-1 of the Transport Code). Failure to pass on fuel price increases in the price of the service is subject to criminal penalties (L 3242-3 of the Transport Code). Under the mandate given to CHRONOPOST as a Registered Customs Representative, customs clearance services, in addition to applicable duties and taxes, will be billed according to the applicable pricing based on the destination country and Incoterm. For all professional contract customers, account management fees of 20 € excluding tax per account are applied once an invoice is issued. Furthermore, CHRONOPOST offers an electronic invoicing service in compliance with French tax legislation, allowing for a reduced environmental impact. If this service is not subscribed to, a monthly surcharge will apply per account number for sending paper invoices, according to the applicable pricing. 11. CHRONO RETURN EXPRESS PAYMENT® This service, reserved for companies with a contract, is available for shipments from and to mainland France, the Principality of Monaco, and the Overseas Departments. The sender records on the specific "Chrono Return Express Payment" transport form the amount corresponding to the value of the goods shipped. The amount cannot exceed 7,500 € including tax. The sender indicates the name to which the check should be made out and the complete contact details of the person to whom the check should be returned. The return of payment obliges the recipient to pay the amount by a properly made out check in exchange for the delivery of the goods. CHRONOPOST's liability ends upon delivery of the payment to the sender for the amount stated on the transport form. The stipulation of payment return does not modify the rules defined in Articles 7 and 8. CHRONOPOST cannot be held liable if the beneficiary of the payment is unable to cash it, whatever the reasons. Except in cases of force majeure, if the payment is lost, CHRONOPOST's liability is limited to the amount stated on the transport form, up to 7,500 € including tax. 12. PAYMENT OF THE SERVICE - PENALTIES Payment is made within the agreed period and cannot exceed thirty days from the date of invoice issuance (art. L.441-11 of the Commercial Code). In the event of SEPA direct debit payment, the prior notification of each direct debit is made at least 5 working days in advance. Any delay or non-payment will automatically result, without prior notice, in the immediate payment of the amounts due, as well as the payment of late penalties calculated based on the European Central Bank's refinancing rate (the refi rate) increased by 10 percentage points, and a fixed compensation for recovery costs of forty (40) euros, without prejudice to damages and other costs that CHRONOPOST reserves the right to claim. All amounts due will accrue from their due date until actual payment. The parties agree that their reciprocal claims and debts arising from the execution of these terms cannot be offset at the sole initiative of either party. No discount will be applied in case of early payment. In the event of deterioration of the Contracting Party's solvency and/or a payment incident, CHRONOPOST reserves the right to require a guarantee and/or revise the terms and conditions of payment. All import taxes and other charges imposed on the parcel are payable upon delivery. In the event the exporter opts for DDP delivery, these will be charged to the exporter and payable on the invoice, under the terms of Article 10. 13. CONVENTIONAL LIEN The sender expressly acknowledges CHRONOPOST's right to a conventional lien, including the right of retention and preference over all goods and documents in CHRONOPOST's possession, as security for all claims CHRONOPOST holds against them (invoices, interest, incurred costs, etc.). 14. MEDIATION A consumer claimant has the option, if CHRONOPOST's response is not satisfactory or if they have not received a response two months after submitting their claim, to contact the Mediator of the La Poste Group, P.O. Box D160, 9 rue du Colonel Pierre Avia, 75757 PARIS CEDEX 15, https://mediateur.groupelaposte.com, who is competent for any disputes concerning all services covered by these general terms and conditions of sale. The mediation process is free. The La Poste Group Mediator can be contacted by consumers directly or through an intermediary (consumer association, lawyer, elected official, other mediator...). 15. ETHICS AND ANTI-CORRUPTION The Parties agree to comply with the ten principles of the United Nations Global Compact relating to human rights, international labor standards, environmental protection, and anti-corruption. They commit to complying with and maintaining adequate procedures to ensure compliance with all applicable laws and regulations on anti-corruption. In this regard, each Party declares and guarantees that it has not and will not directly or indirectly offer or give any money or other financial or non-financial advantage to any person, especially to any public official, to influence any act or decision, particularly to obtain business advantages or relationships. CHRONOPOST has implemented a business ethics program, including a Code of Conduct and an Ethics Charter, available on www.chronopost.fr, which it agrees to comply with. 16. CANCELLATION - INVALIDITY If any provision of these terms is declared null or deemed unwritten, all other provisions will continue to apply. 17. LIMITATION All actions are time-barred one year from the date of delivery or the day when delivery should have taken place. 18. PERSONAL DATA PROTECTION CHRONOPOST informs the Contracting Party that the personal data (hereinafter referred to as "Data") requested are necessary for CHRONOPOST to process their request, carry out transport services, and associated services. The processed Data includes the recipient's identity data (title, name, surname), their postal address, as well as their phone number and/or email address. CHRONOPOST undertakes to ensure the security and confidentiality of the Data communicated by the sender and/or recipient and to process them in accordance with the applicable regulations on the protection of personal data. The Data collected is intended for CHRONOPOST, La Poste, and its subsidiaries. It is expressly provided that CHRONOPOST has a general authorization for the Data to be used by CHRONOPOST and any subcontractor located in the European Union or in a "third country ensuring an adequate level of protection" according to the European Commission, involved in the execution of the services, and this, in strict compliance with the regulations, particularly: - for the execution of the transport service, including parcel tracking, delivery notifications to recipients, and management of delivery preferences, and for improving delivery conditions by making address corrections where necessary, - for the execution and control of customs formalities and embargo control, - for sending, to CHRONOPOST's consignor clients only, product and service offers, and unless explicitly refused, targeted communications as part of the personalization of the business relationship, - for measuring recipient satisfaction and improving CHRONOPOST's offers and services through satisfaction surveys (by email or phone) and conducting statistics, - for responding to requests made by the sender or recipient, particularly through Customer Service. In the context of outsourcing part of the Customer Service activities, as well as the service of correcting delivery addresses to optimize the delivery process, and CHRONOPOST's customs clearance services, the Data may be transferred to Senegal, Côte d'Ivoire, Madagascar, and Mauritius. These transfers are made under the responsibility of CHRONOPOST under conditions and guarantees to ensure the protection of this Data, including through the signing of standard contractual clauses according to the European Commission's decision. Data retention periods are specified in the Data Protection and Privacy Policy, available at: https://www.chronopost.fr/fr/politique-informatique-et-libertes. The Contracting Party has the right to audit, which they may exercise in the event of a data security incident. This audit will be carried out provided that it does not disrupt, by its duration, frequency, or methods, CHRONOPOST's activity, and cannot take place at the same time as another audit. In case of non-compliance with its obligations, CHRONOPOST may be held liable for any direct damage, up to the price paid during the current year by the Contracting Party for transport services. The Contracting Party, as the data controller, agrees to have carried out all necessary prior notifications and formalities for the implementation of personal data processing they carry out. The Contracting Party specifically agrees to inform the concerned individuals of the transfer of their Data to CHRONOPOST, as described above. The Contracting Party may at any time exercise their rights of access, rectification, objection, portability, or deletion of their Data, as well as their right to restrict processing. The form for exercising these rights is available at the following address: https://www.chronopost.fr/fr/exercice-des-droits-sur-les-donnees-personnelles. 19.
APPLICABLE LAW - JURISDICTION These terms are governed by French law. Any dispute relating to these terms with a professional falls under the exclusive jurisdiction of the Paris Commercial Court.