Terms and Conditions - THE PACKENGERS
LEGAL NOTICE
The website www.THEPACKENGERS.com is published by the company THEPACKENGERS a simplified joint-stock company registered with the Trade and Companies Register of Pontoise under number 844 648 485, with its registered office at 12 AVENUE DU NOYER A LA MALICE 95380 LOUVRES.
The website is hosted by OVH
Article 1 - DEFINITIONS
• ❖ Order Giver or Client: refers to any individual or legal entity registered on the Site ordering a Service from THEPACKENGERS;
• ❖ Private Order Giver or Private Client : refers to any person individual or legal entity ordering a Service for purposes not falling within the scope of its commercial, industrial, artisanal, or liberal activity, or acting for non-professional purposes
• ❖ Professional Order Giver or Professional Client : refers to any person individual ordering a Service in the context of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of another professional.
• ❖ Order : refers to the act for an Order Giver to place an order for Services via the Site
• ❖ General Terms and Conditions of Sale or GTCS : represents the present General Terms and Conditions of Sale that apply to anyone registering and placing an order through the Site
• ❖ Service : refers to any commitment or operation connected with the physical movement by any mode of transport, and/or the physical or legal management of stocks and flows of any goods, packed or not, of any origin and for any destination and/or related to the management of any flow of information, materialized or dematerialized
• ❖ Platform: refers to the logistics Platform developed by THEPACKENGERS offering, in a simplified manner on the Internet, a tool allowing the Order Giver to transport goods
• ❖ THEPACKENGERS or OTL: means the company THEPACKENGERS publishing the Site Internet www.THEPACKENGERS.com acting as a Transport and/or Logistics Operator ("O.T.L.")
• ❖ Site or Website : refers to the website developed and published by the company THEPACKENGERS and accessible at www.THEPACKENGERS.com whose purpose is to allow the Order Giver to transport goods ;
The definitions of other terms and concepts used in these GTCS are those of the standard contracts in force.
Article 2 - PURPOSE AND SCOPE OF APPLICATION
The present General Terms and Conditions of Sale aim to govern the contractual relations between THEPACKENGERS and any Order Giver placing an Order through the Site.
They are accessible at any time from the Site and will prevail, if necessary, over any other version or any other contradictory document, including all other general or special conditions issued by the Order Giver.
In the event of special conditions agreed upon with the Order Giver and in the absence of these CGV continue to apply. The User is subject to the terms and conditions in effect at the time of Order.
The validation of the Order by the Order Giver implies acceptance without restriction or reservation of the General Terms and Conditions of Sale in effect at the time of said Order Unless proven otherwise, the data recorded in the computer system of THEPACKENGERS constitutes proof of all the transactions concluded with the Client.
Article 3 - REGISTRATION TERMS
Registration must be completed prior to any Order on the Site. To register, any Order Giver must necessarily fill in the following fields :
• - Name and surname
• - Telephone
• - Password
The Professional Order Giver must also fill in the following fields :
• - Company name
• - SIRET number
• - Telephone
• - Activity sector
• - Number of shipments per month
It is specified that the Order Giver may modify this password at any time.
The Order Giver undertakes to provide THEPACKENGERS with complete and accurate information and to keep it up to date. The inaccuracy of this information may result in the suspension or even deletion of the Order Giver's account
Article 4 - ORDERS
The Order Giver selects the Services they wish to order on the Platform, according to the following terms: • - Enter the address of departure and the address of arrival of the goods to be transported;
• - Enter the dimensions, weight, and value of the goods to be transported;
• - Select optional extras (Insurance, storage, packaging, labeling, and home collection);
• - Acknowledge and validate customs obligations;
The contractual information is presented in French and is confirmed no later than when the Order is validated by the Client.
The registration of an Order on the Platform is done when the Client accepts these General Terms and Conditions of Sale and the Privacy Policy by ticking the boxes provided for this purpose and confirm their Order.
In accordance with the provisions of article 1127-2 of the Civil Code, the Client has the possibility to verify the details of their order, its total price, and correct any errors before confirming acceptance. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the remote contract concluded between the Order Giver and THEPACKENGERS
It is therefore the Client's responsibility to verify the accuracy of the Order and to immediately report any error. The Order will only be considered definitive after the Client has received confirmation of the acceptance of the order by the Supplier, by email, and after receiving the full payment.
THEPACKENGERS reserves the right to cancel or refuse any Order from a Client with whom there is a dispute regarding payment for a previous Order.
Article 5 - PRICES OF SERVICES
5.1 The prices are calculated based on the information provided by the Order Giver, taking into account, in particular, the Services to be performed, the nature, weight, and volume of the goods to be transported, and the routes to be taken. Quotations are established based on the exchange rate at the time the said quotations are given. They are also based on the conditions and rates of substitutes, as well as the laws, regulations, and international conventions in force. If one or more of these basic elements are changed after the quotation is given, including by substitutes of the O.T.L., in a way that can be opposed to the latter, and on the evidence provided by the latter, the prices initially given would be modified under the same conditions. This price modification will be the subject of an additional invoice sent by e-mail to the Order Giver. The same would apply in the event of an unforeseen event, of any kind, leading in particular to a change in one of the service elements.
5.2 Prices will be revised :
5.2.1 In the event of inaccuracy in the order placed by the order giver, namely in the event of : • • Inaccuracy of the dimensions and/or weight of the goods. The weight considered by the OTL is the volume-to-weight ratio or the actual weight. The data most advantageous to the OTL will be retained.
• • Transmission of erroneous or inaccurate information regarding the place of removal, delivery, or any inaccurate information regarding the order.
• • Unavailability of the recipient if it incurs storage costs for goods, these storage costs are payable by the order giver.
5.2.2. Any goods subject to specific regulations requiring special administrative treatment may be subject to additional billing.
5.2.4 In the event of significant changes in the charges of the O.T.L., charges which are most often due to external conditions to the O.T.L., such as in particular the price of fuel. If the parties fail to agree on new tariff conditions, each of them will have the possibility to cancel the Order without cost.
5.4. An invoice will be issued by THEPACKENGERS and sent by e-mail to the Client after the placing of the Order
Article 6 - GOODS INSURANCE
No insurance is taken out by the I.O.L. without the prior written order of the Order Giver for each shipment, specifying the risks to be covered and the values to be guaranteed.
For this purpose, the Order Giver may, before each Order, by ticking the box provided for this purpose, subscribe to insurance under the conditions and tariff defined in the Site.
If such an order is given, the I.O.L., acting on behalf of the Order Giver, shall take out an insurance policy with a notoriously solvent insurance company at the time of coverage. In the absence of a precise specification, only ordinary risks (excluding war and strike risks) will be insured.
In this specific case, the I.O.L., acting in a mandated capacity, cannot be considered in any case as an insurer. The terms of the insurance policy are deemed to be known and agreed upon by the Order Giver, who bears the cost.
Any claim for loss must reach the I.O.L. within 2 days from delivery, failing which no file will be accepted. It is also reminded, in case of loss or damage that the formalities of reserves described in article 9.4 below are also a condition of admissibility at the level of the insurance.
In the event of non-subscription by the Order Giver to an adapted insurance, he assumes the risks and responsibilities arising therefrom.
Article 7 - STORAGE AND PACKAGING OF GOODS
The Order Giver may, before each Order, by ticking the box provided for this purpose, subscribe to a storage and/or packaging option, the conditions and tariff of which are defined in the Site.
The Order Giver also has the option to subscribe to this option after the order, as long as the transport document has not yet been issued.
This option leads to an additional charge. In the event of non-payment and in accordance with with Article 16 hereof, the I.O.L. may hold the stored goods.
Article 8 - EXECUTION OF SERVICES
The departure and arrival dates possibly communicated by the I.O.L. during the Order are given for information purposes only.
The Order Giver must provide the I.O.L. with the necessary and precise instructions for the execution of the transport services and the accessory and/or logistics services prior to the Order.
The I.O.L. does not have to verify the documents (commercial invoice, packing slip, etc.) provided by the Order Giver. All specific delivery instructions (insurance) must be the subject of a written order and repeatable for each shipment and the express acceptance of the I.O.L., it being specified that these specific services may give rise to additional billing.
Article 9 - OBLIGATIONS OF THE ORDER GIVER
9.1 Documentation :
The Professional Order Giver has the obligation to provide THEPACKENGERS with the sale invoice commercial of the goods.
9.2 Labeling:
On each package, item, or load support, clear labeling must be performed to allow immediate and unequivocal identification of the shipper, the recipient, the place of delivery, and the nature of the merchandise. The label details must match those on the transport document. The labeling must also comply with all applicable regulations, notably those concerning hazardous products. When the Private Order Giver subscribes to the labeling option, they must place the label provided visibly on the packaging.
9.3 Declared Obligations:
The Order Giver is responsible for all consequences of a breach of the obligation to inform and declare the very exact nature and specificity of the merchandise when this requires special measures, particularly with regard to its value and/or its susceptibility to arouse envy, its danger, or fragility.
Furthermore, the Order Giver expressly undertakes not to hand over to the I.O.L. illegal or prohibited goods (for example counterfeit products, narcotics, etc.).
No prohibited goods within the meaning of the applicable transportation regulations entrusted by the order giver will be provided by the I.O.L. The initial transport costs and potential return costs will be borne by the order giver. In the absence of instructions and non-return of the goods, the I.O.L. will be forced to destroy the entrusted goods within 8 days following a formalnotice addressed by the I.O.L. to the order giver. The costs of destruction will be borne by the order giver.
The Order Giver alone bears, without recourse against the I.O.L., the consequences, of any nature arising from incorrect, incomplete, inapplicable, or delayed declarations or documents, including the information necessary for the transmission of any declaration required by customs regulations, particularly for the transport of goods from third countries.
9.4 Reserves:
In the event of loss, damage, or any other harm suffered by the goods, or in the event of delay, it is up to the recipient or the receiver to carry out regular and sufficient checks, make justified reserves and, in general, do all acts useful for the conservation of remedies. Reserves must be made at delivery in cases where damages are apparent and within three days of delivery by registered letter with acknowledgment of receipt in cases of hidden damages; failing which no action can be taken against the I.O.L. or its substitutes.
9.5 Refusal or failure:
In case of refusal of the goods by the recipient, as in the case of failure of the latter for any reason whatsoever, all initial and additional costs incurred for the goods will remain the responsibility of the Order Giver.
9.6 Customs formalities:
If customs operations must be carried out, these will only concern the import clearance of goods.
The Order Giver guarantees the customs representative of all financial consequences arising from erroneous instructions, inapplicable documents, etc., leading generally to an additional liquidation of duties and/or taxes, a blockage or seizure of the goods, fines, etc., by the concerned administration.
In the event of customs clearance of goods benefiting from a preferential regime concluded or granted by the European Union, the Order Giver guarantees having carried out all due diligence under the customs regulations to ensure that all conditions for the treatment of the preferential regime have been met. The order giver must, at the request of the I.O.L., provide it with all information requested in connection with the requirements of customs regulations within the required timeframe. The failure to provide this information within this period will make the order giver liable for all harmful consequences of this failure in terms of delays, surcharges, damages, etc.
However, the quality and/or technical standardization rules for goods remain the sole responsibility of the order giver, and it is up to him to provide the I.O.L. with all documents (tests, certificates, etc.) required by the regulations for their circulation. The I.O.L. assumes no responsibility as a result of the non-conformity of the goods with the aforementioned quality or technical standardization rules. The customs representative clears customs under the regime of direct representation, in accordance with article 18 of the Union Customs Code. The service provided by the OTL does not include any formalities, duties, or taxes at the destination. Under no circumstances will the OTL assume risks and consequences of non-clearance for exportation/destination. The Order Giver will assume the risks, including of blocking the goods by the authorities at the destination. No recourse will be possible against the OTL.
9.7 International shipment and customs clearance :
1. Customs Clearance Procedure :
When shipping goods internationally, it is the responsibility of the recipient to come forward and follow all necessary steps of the customs clearance procedure. This procedure is essential for the goods to be legally imported and delivered in the destination country.
2. Inaction of the Recipient:
In the case of inaction by the recipient, i.e., if the recipient does not come forward or complete the required steps for the customs clearance procedure within a reasonable timeframe, we reserve the right to repatriate the goods to our warehouse.
3. Costs at the Client's Expense :
All costs incurred due to the inaction of the recipient will be at the client's expense. These costs include, but are not limited to, repatriation costs, storage costs, and any other associated costs. The client will be billed for these additional costs as soon as the goods are returned to our warehouse.
Article 10 - LIABILITY
In the event of proven prejudice attributable to the I.O.L., it is only liable for the foreseeable damages that could have been envisioned at the conclusion of the contract and include only what is an immediate and direct result of non-performance per articles 1231-3 and 1231-4 of the Civil Code.
These damages and interest are strictly limited in accordance with the amounts set out below.
These limitations of indemnity indicated below constitute the consideration for the liability assumed by the O.T.L.
10.1 Liability of substitutes:
The responsibility of the I.O.L. is limited to that incurred by the substitutes within the framework of the operation entrusted to it. When the substitutes' indemnity limits are unknown, nonexistent, or do not result from mandatory provisions, they are deemed identical to those set out in article 10.2 below.
10.2 Personal liability of THEPACKENGERS :
10.2.1 Losses and damages:
In all cases where the personal liability of the I.O.L. would be engaged, for any reason and for any reason whatsoever, it is strictly limited, for all damages to the goods attributable to any operation due to losses and damages and for all consequences that may arise, to 20 € per kilogram of gross weight of missing or damaged goods without exceeding, regardless of weight, volume, dimensions, nature, or value of the goods concerned, an amount higher than the product of the gross weight of the goods expressed in tons multiplied by 5,000 € with a maximum of 60,000 € per event.
10.2.2 Other damages:
For all other damages, including in the event of duly noted late delivery. In the event of its personal liability being engaged, the compensation due by the I.O.L. is strictly limited to the cost of the transportation of the goods (excluding taxes and miscellaneous charges) or the cost of the service causing the damage, the subject of the Order. This compensation cannot exceed what is due in case of loss or damage to the goods.
10.2.3 Customs liability:
The liability of the I.O.L. for any customs or indirect contribution operation carried out by its personnel or by its subcontractors cannot exceed a sum of 5,000 € per customs declaration, without exceeding 50,000 € per year of adjustment and, in all cases, 100,000 € per notification of adjustment.
10.3 Quotations:
All quotations given, all spot price offers provided, as well as the general rates are established taking into account the liability limitations set forth above
10.4 Insurance:
Clients are reminded that the Order Giver can instruct the I.O.L., in accordance with Article 6 (Goods Insurance), to take out insurance on their behalf, subject to the payment of the corresponding premium, specifying the risks to be covered and the amounts to be guaranteed. Instructions must be repeated for each Order.
10.5 Functioning and use of the Site :
Clients are informed that a number of factors may affect the quality of communications and the use of the Site and may lead to communication failure, including, but not limited to, the Client's local network, their firewall, Internet service provider, public Internet network used, and power supply
Furthermore, the company THEPACKENGERS reserves the right to interrupt its services for maintenance reasons. Therefore, the responsibility of the company THEPACKENGERS cannot, in any case, be sought:
• - In case of malfunction, failure, difficulty, or interruption of operation,
preventing access to the Site or any of its services, related to the User's Internet service provider, or for any cause external to THEPACKENGERS
• - In case of malfunction of the Client's terminal or compatibility issue between the Site and the terminal, the Client is reminded to
• • Take all appropriate measures to protect their equipment and own data against the risk of viral attacks from the Internet ;
• • Ensure they have a secure email address
• - In case of non-compliance by any of its Clients with the obligations resulting from these General Terms and Conditions of Sale and/or applicable laws and regulations, Finally, the company THEPACKENGERS cannot be held liable to the Client for:
• - any direct damage that could be caused by the use of the website ;
• - any indirect damage, including any loss of profit, any loss of customers or commercial reputation, or any data loss ;
• - any civil or criminal conviction, penalty of any kind, resulting from the use of the Site ;
• - any damage resulting from the inability to keep in complete security and confidentiality their password or personal account information on the Site.
Article 11 - PAYMENT CONDITIONS
11.1 Services are payable immediately at the time of the Client's Order validation on the Platform by bank card or bank transfer, without discount. The order giver is always responsible for their payment. It is upon receipt of this payment that THEPACKENGERS proceeds with the Ordered Services.
11.2 Unilateral compensation of the alleged damage amount on the due price of the services is prohibited.
11.3 Any delay in payment entails, as of the day following the invoice due date, the accrual of late payment interest at a rate equivalent to the interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation increased by ten percentage points and set according to the terms defined in article L.441-6 paragraph 12 of the Commercial Code, as well as a fixed indemnity for recovery costs of 40 €, following article D.441-5 of the Commercial Code, without prejudice to the possible compensation, under common law conditions, of any other direct damage resulting from this delay. Any delay in payment will, without formalities, result in the forfeiture of the term of any other claim held by the I.O.L., which becomes immediately due, even in case of acceptance of effects.
Similarly, in the event of a payment delay equal to or exceeding thirty (30) days following the invoice due date, a letter of formal notice (LRAR) will be sent by the I.O.L. to its order giver, which formal notice will trigger a new thirty (30) day period. At maturity, the I.O.L. reserves the right to seize the competent courts to be authorized to sell the goods.
11.4 Any partial payment will be applied first to the non-preferential part of the claim.
Article 12 - DELIVERY ATTEMPTS
• 12.1. Delivery Attempts by our drivers. After two unsuccessful delivery attempts (unaccepted delivery date, absence, incorrect or incomplete address, refusal to receive), the parcel will be returned to our warehouse.
• 12.2. Storage Fees From the return to the warehouse, storage fees will be applied at a rate based on the volume per week until the client contacts for a new delivery or pick-up in our premises. These fees must be paid before any new delivery attempt or pick-up in our premises.
• 12.3. Payment of Additional Fees If storage fees apply, the client will be notified by email.
Article 13 - RESPONSIBILITY AND COST POLICY IN THE EVENT OF NON-RECEPTION OF PARCELS
1. Responsibility of the Recipient when purchasing goods on our site: It is the responsibility of the recipient to complete all necessary steps to retrieve their parcel. The recipient must come forward and respond to notifications regarding the retrieval of the parcel within the allotted timeframes.
2. Return and Re-shipment Costs In the event of inaction by the recipient:
We reserve the right to repatriate the parcel to our warehouse. All costs related to the return of the parcel, including storage fees, will be borne by the client. Furthermore, if a re-shipment is requested, the corresponding fees will also be billed to the client.
3. Inaction of the Recipient: If no action is taken by the recipient to retrieve their parcel, we reserve the right to charge the client for all fees, including storage, until the parcel is recovered. In the absence of a response from the recipient, we may also proceed with the definitive recovery of the parcel.
4. Error on the Delivery Address: In case of error by the client on the delivery address, we reserve the right to bill all additional costs incurred for the correction of this error. This includes, but is not limited to, the return costs to our warehouse, re-shipment costs, and all related storage costs. The client is responsible for verifying the accuracy of the delivery address before finalizing the purchase.
Article 14 - CONVENTIONAL RETENTION RIGHT AND CONVENTIONAL LIEN RIGHT
Regardless of the capacity in which the I.O.L. is involved, the Order Giver expressly acknowledges a conventional retention right, enforceable against all, and a conventional lien on all goods, values, and documents in the possession of the I.O.L., as security for all claims (invoices, interest, incurred expenses, additional costs, etc.) that the I.O.L. holds against the Order Giver, even prior or external to the operations carried out concerning the goods, values, and documents that are indeed in its possession.
ARTICLE 15 - RIGHT OF WITHDRAWAL
In accordance with article L.121-28 12° of the Consumer Code, the right of withdrawal is excluded for the transportation of goods services. Cases of Dismissal of Withdrawal Requests: Withdrawal requests are refused in the following situations:
• If the client invokes their right of withdrawal after a period of 24 hours following the Order.
• If the client uses another carrier or retrieves the lots themselves after the Order.
These provisions are applied to comply with the applicable legislation and to guarantee full transparency in the management of transport services.
Article 16 - INTELLECTUAL PROPERTY
The brand "THEPACKENGERS" registered with the INPI under number 4507536 and the content of the Site are the property of the company THEPACKENGERS and are protected by French and international laws related to intellectual property.
The provision of the Platform cannot be considered a transfer within the meaning of the Intellectual Property Code of any intellectual property right for the Client's benefit
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
The Client notably prohibits any representation and/or reproduction and/or dissemination and/or partial or total exploitation of the THEPACKENGERS brand as well as the software, animations, texts, videos, graphics and more broadly the general structure of the Site, without the express, written, and prior authorization of the company THEPACKENGERS, which may condition it on a financial counterpart.
Article 17 - PRESCRIPTION
All actions that the contract concluded between the parties may give rise to, whether for the main or accessory services, are prescribed within the period of ONE (1) year from the execution of the contentious service of said contract and, in matters of duties and taxes recovered retrospectively, from the notification of the adjustment.
Article 18 ESTABLISHED COMMERCIAL RELATIONSHIP
18.1 - In the event of an established commercial relationship between THEPACKENGERS and a Professional Order Giver, each party may terminate it at any time by sending a registered letter with acknowledgment of receipt, subject to respecting the following notice periods:
• One (1) month if the duration of the relationship is less than or equal to six (6) months ;
• Two (2) months if the duration of the relationship exceeds six (6) months and is less than or equal to one (1) year ;
• Three (3) months if the duration of the relationship exceeds one (1) year and is less than or equal to three (3) years ;
• Four (4) months if the duration of the relationship exceeds three (3) years, plus an additional week per full year of commercial relationship, without exceeding a maximum duration of six (6) months.
18.2 - During the notice period, the parties undertake to maintain the economy of the contract.
18.3 - In the event of proven serious or repeated breaches by either party of its commitments and obligations, the other party is required to send a motivated formal notice by registered letter with acknowledgment of receipt. If it remains ineffective within one month, during which the parties can attempt to come together, it may be definitively terminated, without notice or indemnity, by a registered letter with acknowledgment of receipt taking note of the failure of the negotiation attempt.
ARTICLE 19 - CLIENT ACCOUNT DELETION
The Client can unsubscribe from the Platform and close their account at any time, which will remain available for the Client for a period of 30 days in case of new login. The company THEPACKENGERS may delete a Client's account in the following cases:
• - In case of a breach by the Client of one of the obligations from these GTCS or breach by the Client of their legal and regulatory obligations, after unsuccessful formal notice for more than 7 days ;
• - In case of serious breach making it impossible to continue the relationship between the company THEPACKENGERS and the Client
In any case, the deletion of the Client's account will have the consequence of making all sums due to THEPACKENGERS immediately payable.
Article 20 - CANCELLATION - INVALIDITY
Should any provision of these General Terms and Conditions of Sale be declared null or deemed unwritten, all other provisions would remain applicable.
Article 21 - JURISDICTION CLAUSE AND APPLICABLE LAW
21.1 French law shall be solely applicable to these GTCS. These General Terms and Conditions of Sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
21.2 Dispute between THEPACKENGERS and Professional Order Givers
ALL DISPUTES ARISING FROM THIS CONTRACT AND THE AGREEMENTS ARISING FROM IT POSSIBLY BETWEEN THEPACKENGERS AND A PROFESSIONAL ORDER GIVER, CONCERNING BOTH THEIR VALIDITY, INTERPRETATION, PERFORMANCE, RESOLUTION, CONSEQUENCES, AND CONTINUATIONS, THAT WERE NOT RESOLVED WILL BE SUBMITTED TO THE COMMERCIAL COURT LOCATED WITHIN THE JURISDICTION OF THE HEAD OFFICE OF THEPACKENGERS, EVEN IN CASE OF MULTIPLE DEFENDANT OR WARRANTY APPEAL.
21.3 Dispute between THEPACKENGERS and Private Order Givers
All disputes arising from the purchase and sale operations concluded under these general conditions of sale, concerning both their validity, interpretation, execution, cancellation, consequences, and aftermath that could not be resolved between THEPACKENGERS and the Private Order Giver will be submitted to the competent courts under common law conditions. The Private Order Giver is informed that they can, in any event, resort to conventional mediation, notably with the Consumer Mediation Commission (Art. L 612-1 of the Consumer Code) or any alternative dispute resolution method (conciliation, for example) in case of dispute.
ARTICLE 22 - PRECONTRACTUAL INFORMATION - CLIENT ACCEPTANCE
22.1 The Client acknowledges having received, prior to placing their order and entering into the contract, a readable and understandable manner, these General Terms and Conditions of Sale and notably the following information:
• - The essential characteristics of the Services ;
• - The tariff of the Services (additional fees) ;
• - The date or the deadline to which THEPACKENGERS agrees to provide the Services ordered ;
• - Information relating to the identity of the company THEPACKENGERS, its postal, telephone, and electronic contact details
• - Information on legal and contractual guarantees and their implementation methods;
• - The possibility for the Private Order Giver to resort to conventional mediation in event of a dispute;
• - Information relating to the right of withdrawal (existence, conditions, period, exercise methods of this right and the standard withdrawal form),
• - Accepted payment methods.
22.2 The fact that a physical or legal person orders on the Site entails full and complete acceptance of these General Terms and Conditions of Sale and obligation to pay the Services ordered, which is expressly recognized by the Client, who waives, in particular, the right to rely on any contradictory document, that would be unenforceable against THEPACKENGERS.
Article 23 - PROTECTION OF PERSONAL DATA
Data collected by THE PACKENGERS, as the data controller, directly from the Client, are subject to automated processing, intended for the management of your online orders and deliveries. The personal data transmitted by the Client, under this agreement, have been collected fairly and lawfully. The Clients affected by the data have expressly consented to the transfer of these to Partner Companies. THE PACKENGERS retains the data collected for 3 years from the end of the commercial relationship that binds us. In accordance with Regulation (EU) 2016/679 concerning the protection of personal data, you have the rights following your data: right of access, right to rectification, right to erasure (right to forget), right to limitation of processing, right to portability. You can, for reasons related to your particular situation, oppose the processing of your data.
THE PACKENGERS:
• undertakes to treat as "confidential" all information of any kind, written or oral, of which it may have knowledge in the course of performing the mission; the confidentiality obligation undertaken, persists after the expiration of the present contract, as long as the said information has not been made public by the Client;
• implements the appropriate technical and organizational measures in terms of security, before processing the personal data entrusted to it and implements all necessary means, taking into account the risks related to the processing, the nature of the data to be protected, and the cost of implementation, to protect the personal data against any accidental loss, any alteration, any disclosure to unauthorized third parties or any unauthorized access to the aforementioned data;
• does not use the information, by any means or for any purpose whatsoever, for its own account or the account of a third party, for professional, personal, or private purposes other than those defined in the contract;
• does not take copies of the information or retain them in any form whatsoever beyond the contractual period or after the data retention period mentioned above In the event of a transfer of personal data to a third country located outside the European Union, not ensuring an adequate level of protection, THE PACKENGERS takes measures to ensure the compliance of this transfer, via the implementation of mechanisms provided under the regulations concerning Personal Data Protection, including the implementation of standard contractual clauses and a policy of binding corporate rules. To exercise your rights, please send your letter to the following address: 2 rue de l'industrie, 93200 Saint-Denis, or send an email to: dpo@thepackengers.com. Please attach a copy of your identity card. In case of violation of the above provisions, you have the right to lodge a complaint with the Supervisory Authority. In France, the CNIL - 3 place de Fontenoy - TSA 80715 Paris cedex 07.
ANNEX 1
CUSTOMS REPRESENTATION MANDATE
By clicking on the "Accept" button, the Client acknowledges having read the General Terms and Conditions of Sale of ThePackengers and accepts them without reservation. At the same time, the Client, as the Order Giver, delegates a mandate to ThePackengers "approved n°6192" (Mandatary), to represent them directly to the Customs Administration, in accordance with Article 18 of the Union Customs Code (Regulation EU No. 952/2013).
This mandate includes the authorization for ThePackengers to:
• Sign in the name and on behalf of the Order Giver all customs declarations, both at import and export.
• Perform all acts necessary related to these operations.
• Present documents and goods, and manage customs inspections.
• Represent the Order Giver to other administrations or relevant organizations concerned, including for sanitary, phytosanitary, veterinary,excise, and indirect rights formalities.
• Carry out operations under special regimes (temporary admission, temporary export, active or passive improvement, simplified procedures, etc.).
• Subcontracting delegation: The agent may use a subcontractor for thedrawing up of customs declarations.
Use if necessary:
• the Mandatary's customs credits (THEPACKENGERS).
• Settle in the name and on behalf of the Order Giver the duties and taxes relating to customs declarations and the above-mentioned acts.
• Receive any reimbursement, give a receipt, and withdraw any certificate or relevant document.
• Submit refund or remission requests for rights, as well as claims related to errors in the information provided during the mission.
• Make claims regarding corrections occurring before the end of the customs verification. The Order Giver undertakes to inform the Mandatary in writing of any import, export, or transit restrictions applicable to their goods, particularly those relating to the control of exchanges of cultural goods or covered by the Washington Convention (CITES), as well as any other applicable or upcoming regulations. The Order Giver must provide the licenses and authorizations necessary for the smooth conduct of customs operations. In the absence of such information, the Mandatary will consider that the goods are not subject to any restrictions.
The Order Giver accepts ThePackengers' General Terms and Conditions of Sale which they acknowledge having reviewed. The Mandatary reserves the right to refuse any requests for formalities defined within the framework of this mandate. The mandate takes effect on the date of validation of the acceptance of the General Terms and Conditions of Sale and remains valid until terminated by either party, by registered letter with acknowledgment of receipt and with immediate effect.
The customs representation mandate is an official document authorizing a company or an individual (the principal) to delegate the customs formalities of importing or exporting goods to a customs representative. This mandate is drawn up in accordance with Article 1984 of the Civil Code and Article 19 of the Union Customs Code (UCC). This document is mandatory for ThePackengers to proceed with the export declaration in the name and on behalf of the sender within the European Union. Once thecustoms declaration is validated, the declarant provides a copy of the SAD (Single Administrative Document) to the Order Giver, who can use it to justify their operations out of tax to thefiscal authorities or for the import duties and taxes.