General terms and conditions of sale and use
THE FOLLOWING IS STATED BEFOREHAND:
I - PRELIMINARY INFORMATION :
Happy-Post offers to its Customers parcel delivery services in France, Europe and International, with or without tracking option, commercialized on the website www.happy-post.com.
1.1. THE PARTIES :The present general conditions apply between :
Happy-Post, a brand of the Company IMX FRANCE, also hereinafter the Provider, professional of postal services and parcel delivery, S.A.S. with a capital of 66.880 € registered at the RCS of Bobigny under the reference B 351 585 997,
Any person visiting the website www.happy-post.com and/or using one or more services offered by Happy-Post, hereinafter referred to as the Client and/or the User.
The customer service of the Provider is accessible:
By email to firstname.lastname@example.org ;
By the contact form accessible via the assistance button on the site;
By mail at the following address IMX FRANCE - Happy-Post, Customer Service, 110bis, Avenue du Général Leclerc 93500 PANTIN.
1.2 OBJECT :The present general conditions of sale aim to define the services offered by Happy-Post as well as their modalities of online sale.
Happy-Post reserves the right to modify at any time the present general conditions of sale.
The General Sales Conditions in force on the day of the Client's order will be applied.
1.3. USER'S CONSENT:The Customer declares to be a natural person aged at least 18 years and having the capacity to contract or a legal entity.
Any User connecting directly or indirectly (via another site or an automated system) to the Site must respect these Terms and Conditions or disconnect immediately.
1.4. CONSULTATION OF THE GENERAL CONDITIONS OF SALEThe User may simply and freely consult this document on the Site at any time by clicking on the "General Terms and Conditions of Sale" link located at the bottom of the home page.
1.5. TECHNICAL REQUIREMENTS:Use of the Services requires compatible hardware, as well as high-speed Internet access and certain software (which may be provided for a fee).
Use of the Services also requires that the User have an electronic mail ("email") address.
User agrees that these technical requirements, which may change periodically, are User's responsibility.
User agrees that updates to the Services may occur periodically, temporarily preventing access.
The User may expressly object to the disclosure of his personal data by sending an e-mail to the following address: email@example.com. The User is informed that this automated processing of information has been declared to the CNIL under number 1634209 dated 26/11/2012.
In accordance with the amended Act of January 6, 1978, the User has the right to access, oppose and rectify data concerning him/her, either directly on the Internet or by mail by writing to the Provider at the following address IMX-Happy-Post, 110bis Avenue du Général Leclerc, 93500 PANTIN.
In addition, the Provider reserves the right to collect the public IP (Internet Protocol) address of all Internet users browsing the Site. The collection of this IP address will be carried out in an anonymous way, it will be preserved for the same duration as the cookies and will be intended only to allow a good administration of the proposed Services.
In the event of a dispute, and only upon judicial decision, the Provider may communicate this data (as well as all other requested elements) to any designated authority.
II - DEFINITIONS :"PACKAGE" means a single cardboard container containing goods with or without commercial value in accordance with the dimensions mentioned below.
"INTERNET" means different networks of servers located in various places around the world, connected to each other by means of communication networks, and communicating using a specific protocol known as TCP/IP;
"SITE" or "WEBSITE" means the infrastructure developed by Happy-Post at the address www.happy-post.com, according to the computer formats usable on the Internet, including data of different kinds, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by the users in order to get to know and subscribe to services;
"USER(S)" refers to any individual or legal entity visiting the above-mentioned Internet site, whether or not they use the services offered there;
"CUSTOMER(S)" refers more specifically to any user, as defined above, who subscribes to the paid parcel delivery services offered by Happy-Post.
"ACCOUNT" refers to the space reserved for Clients on the Happy-Post website, allowing them to access and manage Happy-Post's services and to manage their personal information.
"INDIVIDUAL" refers to the status of the account of any natural person of age or self-employed person wishing to register on the www.happy-post.com website.
"PROFESSIONAL" refers to the account status of any legal entity wishing to register on the site www.happy-post.com and having a VAT number.
"SELF-EMPLOYED" refers to the account status of any natural person of legal age with an online sales activity or self-employed entrepreneur wishing to register on the www.happy-post.com website.
"DROP OFF POINT" or "CONVENIENCE STORE": establishment (trade, stores...) authorized to collect and distribute the Parcels of Happy-Post's Customers.
"LABEL": slip generated by the site www.happy-post.com during the order from the information provided by the Customer.
"HOME COLLECTION": service allowing a Customer to request the passage of a driver to collect his parcels to be sent from his home or another place.
"MASTERCOLIS": a parcel grouping service offered by Happy-Post allowing several small parcels for different destinations to be grouped together in a large container, called MasterColis.
III - HAPPY-POST SERVICES :
3.1. PRESENTATION OF THE SERVICES :- Happy-Post offers to its Customers parcel delivery services in France, Europe and International, with or without tracking option.
- In order to access the delivery services offered by Happy-Post, the user follows the following steps:
My parcel: I fill in the characteristics of my parcel. Indication of the country of departure and the country of destination, the weight and, if this information is required, the dimensions of the package.
Choice of service: I choose the combination of services (deposit/collection - delivery) adapted to my needs
Sender: I fill in my contact information and choose my drop-off point or home collection slot
Recipient : I fill in the information concerning my recipient and I choose the Delivery Station if necessary
Customs documents : I fill in the description and the value of the transported objects in order to establish a pro forma invoice if necessary
Add another package: I can add other packages to my order for the same destination or for another destination
MasterColis: if I am eligible, I am invited to take advantage of a MasterColis offer if I wish
Payment : I pay by credit card in a secure transaction or opt for payment by direct debit if necessary
Label : I print the label to be affixed on the parcel as well as the pro forma invoices if necessary
- Happy-Post chooses the conditions of transport, routing and distribution of the User's parcels.
Happy-Post is authorized to entrust the execution of the Services to one or several subcontractors, postal operator, private distributor, carrier or logistician, of its choice.
3.2. ACCESS TO SERVICES:When using the service for the first time, the user is invited to create an account by providing an e-mail address that serves as a login, a password and the status of his account, Individual or Professional.
Users who are legal entities can open a professional account allowing them to view the amount of shipments in value before tax and to pay for services on a bi-monthly basis. For this purpose, he will communicate to Happy-Post by mail or post a duly signed request to open a Pro account, a Kbis extract of less than three months, a bank identity statement, a duly signed SEPA direct debit mandate as well as a copy of the General Sales Conditions duly signed. Happy-Post reserves the right to authorize or not the direct debit according to the information provided by the Client. Happy-Post will attribute a bimonthly ceiling beyond which the professional will not be able to pay by direct debit. He can always pay his orders by credit card.
Happy-Post will be able to ask the Customer to provide a deposit. This deposit corresponds to 2 times the authorized direct debit limit and will be kept to settle the unpaid bills of the direct debit customers. If the client wishes to close his account or the payment method by direct debit, the deposit will be reimbursed within 30 days end of the month after having settled all the invoices.
3.3. NO RIGHT OF WITHDRAWAL :In accordance with the provisions of the Consumer Code, the nature of the service offered by Happy-Post does not give the right to exercise a right of withdrawal for the benefit of the Client.
3.4. DURATION OF VALIDITY OF THE LABEL :Any label generated by Happy-Post after the customer's order has a validity period of fifteen days.
The customer has to deposit his parcel in a Mondial Relay or Pickup Chronopost within this period of fifteen days.
After this period, the label will no longer be valid and the Customer will not be entitled to any reimbursement whatsoever.
3.5. HOME COLLECTION :The Customer chooses a date and time slot for a driver to collect the packages to be shipped directly from an address chosen by the Customer. A confirmation will be sent by e-mail by Chronopost with the date and time slot of the driver's visit. Only this e-mail is valid for the collection time slot.
If the customer is not available on this slot, he will have to inform Happy-Post as soon as possible before the beginning of the Home Collection slot allocated by Chronopost. The Customer will be able to choose another collection slot or another delivery method.
If the Home Collection fails for reasons related to the Customer, Happy-Post may charge him/her an additional fee for empty delivery. The customer should contact Happy-Post customer service to agree on a new time slot for Home Collection or another method of collection. No refunds will be allowed.
"DEPOT POINT" or "RELAY" : establishment (business, stores...) authorized to collect and distribute the parcels of Happy-Post's customers.
"LABEL " : slip generated by the site www.happy-post.com during the order from the information provided by the Client.
"HOME COLLECTION" : service allowing a Client to request a driver to collect his parcels to be sent from his home or another place.
"MASTERCOLIS" : service of grouping of parcels proposed by Happy-Post allowing to gather several small parcels for different destinations within a big container, called MasterColis.
3.6. MASTERCOLIS :Happy-Post provides the Customers with a solution allowing to group the different parcels to be sent in a bigger container, the MASTERCOLIS. It is this big container that the Customer will deposit in a Drop-Off Point or that he will have collected at home.
Each parcel will have to be identified by a label provided by Happy-Post at the time of the order. There will be a label for the MASTERCOLIS (large container), as well as a label for each single parcel present in the MASTERCOLIS and the Proforma invoices if applicable.
The Customer acknowledges that the large container must respect the maximum dimensions of a package and that the large container may be refused if its dimensions are too large. The Customer shall not be entitled to claim a refund or compensation if the large container exceeds the maximum dimensions allowed.
Once the MASTERCOLIS is received by Happy-Post, each of the parcels composing the MASTERCOLIS will be sent to its final destination.
Happy-Post cannot be held responsible for any shipping error due to a defect or a labelling error on the part of the customer.
IV - RATES, BILLING AND PAYMENT :
4.1. PRICE :The price of the service is displayed on the Happy-Post website once the User has filled in the information related to the package to be sent.
4.2. INVOICING:Happy-Post makes available on the Client's Account an invoice for each payment made on the Happy-Post website. This invoice confirms the transaction. This invoice is monthly for legal entities having opted for direct debit.
4.3. METHODS OF PAYMENT OF THE PRICE :The payment is made online by credit card at each transaction except for the Clients authorized to pay their services by direct debit at the date of billing.
For the Clients authorized to pay by monthly direct debit, Happy-Post will provide them with an invoice on their account on the 30th of each month for the services of the previous period.
4.4. ADDITIONAL CHARGES:In the situations described below, additional costs will be charged to the Client:
Non conformity of the characteristics of the parcel as declared by the Customer: If during the control (see article 6.3), it turns out that the characteristics of the parcel declared by the Customer are erroneous or incomplete (nature, weight, number of parcels, etc...).
Non conformity or defect of the packaging of the Parcel : If the packaging of the Parcel does not comply with the conditions described in article 5 and/or is not mechanizable and thus requires manual handling.
Modification of an address: In case of change or modification of the addresses (collection address or delivery address) specified by the Customer during the Order.
Failure to Collect the Parcel: In the event that the Parcel is not collected under the conditions stipulated at the time of validation of the Order for reasons attributable to the Customer and/or the Sender (e.g., empty vehicle).
Return : In the event of a return of the Package to the Sender, for any reason whatsoever.
Delivery attempts: For any new delivery attempt, in the event that a Carrier has exhausted all delivery attempts.
4.5. FORMAL NOTICE:Any formal notice sent to the Client by Happy-Post in order to enforce its rights will be charged the fixed sum of 10 euros to the Client.
4.6. LOYALTY CASHBACK:For the customers having the Professional or Sel-Employed status, Happy-Post provides a loyalty program allowing to obtain a monthly discount based on the amount net of taxes and all discounts of the purchases made on the site.
The levels of discount, purchase ranges as well as the rules of attribution are fixed before the 5th of each month as a basis for the calculation of the Loyalty Cashbacfor the following month. The levels cannot be changed after this date. The levels can be viewed at any time on the Site via the following link: https://happy-post.com/en/loyalty-cashback/.
The Loyalty Cashback is credited each 1st day of the month to a Loyalty Counter based on the number of purchases made the previous month. The Customer can at any time consult his Loyalty Counter in his customer area and find the different transactions made.
The Loyalty Cashback must be used within the month it was credited to the Loyalty Counter. Every 1st day of the month the Loyalty Counter will be reset to zero, before the new Loyalty Cashback is credited. Any unused portion of the previous month's Loyalty Cashback will be permanently lost. The customer will not be able to claim the unused portion of the Loyalty Cashback.
The Loyalty Cashback can only be used for the payment of Parcel Services (issuance of a shipping bill). It cannot be used for the payment of additional charges or for the settlement of non-conforming parcels.
The Customer has the choice to use the Loyalty Discount available in his Counter to pay for his order. If the amount of the Loyalty Cashback available in his Counter does not cover the totality amount to pay, the Customer will be able to supplement by a method of payment available on the site. The Customer will not be able to choose which part of the Loyalty Cashback he/she wants to allocate to the payment.
V - CONDITIONS OF ADMISSION OF PACKAGESThe client commits himself to respect the conditions of admission listed below.
In case of non-respect of these conditions, Happy-Post reserves the right to refuse the acceptance of the parcel.
5.1. LABEL:The parcels must have the label generated by Happy-Post when the Customer validates the order. The address on the label must exist, be complete and sufficiently precise (name and surname of the physical addressee, company name, street and street number, city, postal code, country).
Happy-Post reserves the right to refuse any parcel whose label is modified or crossed out.
The parcels must have the label issued by Happy-Post, legible and protected from humidity.
The customer assumes the whole responsibility of the mentions on the parcels.
5.2. PACKING OF THE PARCELS :The Package is packed and conditioned by the Customer in a closed package, appropriate to the content and requirements of transport. Otherwise, the Package travels at the sole risk of the Customer.
The acceptance of a parcel in a Happy-Post depot does not constitute a guarantee as to the solidity and adequacy of the packaging and packing, nor its suitability for the contents, which Happy-Post is unaware of.
5.3. SIZE AND WEIGHT REQUIREMENTS:The Packages will have for maximum dimensions Length + width + Height < 150 cm, the biggest of the dimensions < 100 cm and a weight lower than 20kg.
In the case of a MASTERCOLIS, the large container (package containing the various small packages to be shipped) must comply with the maximum dimensions and weight indicated above.
5.4. CONTENTS :The Customer assumes full responsibility for the contents of the Parcel, which the Service Provider does not know in principle.
The following contents are forbidden and Happy-Post cannot be held responsible for them
goods which are subject to national regulations on dangerous, dirty or prohibited products and in a general way any content contrary to the laws and regulations in force at the time of the sending, such as in a non exhaustive way, ammunitions, firearms, narcotics, gases, inflammable, radioactive, toxic or corrosive materials as well as all the objects which by their nature or their packaging can present a danger for the human environment, the safety of the planes, or damage the other transported Packages,
funds and valuables, including but not limited to jewelry, stones, precious materials, coins, banknotes, securities,
fragile and/or breakable products (such as crockery, glassware ...),
perfumes and cosmetic products,
fresh non-food and non-refrigerated products and perishable goods,
Alcohol: the importation of alcohol (in any form) is prohibited in the following countries: USA, Canada, Sweden and all Muslim countries. However, we advise you not to send bottles of alcohol and therefore Happy-Post cannot be held responsible for any dispute concerning packages containing alcohol.
5.5. CUSTOMS FORMALITIES AND DUTIES :The customer commits himself to respect all the customs and fiscal formalities to which he could be subjected when sending his parcel. In this respect, he commits himself to give any information and document that Happy-Post could ask him if necessary.
The Customer always assumes the whole responsibility of the mentions appearing on his shipments and customs declarations.
Happy-Post cannot be held responsible in case of error, omission in the drafting of the said documents and/or infringement of the customs and fiscal regulations.
Happy-Post, for shipments to a country outside the European Union, proposes to the customer a form allowing the customer to fill in the content of the parcel and its value. This information allows Happy-Post to integrate a pro forma invoice to the printing of the label. The customer is responsible for the declared information about the content that Happy-Post does not know.
5.6. VALUE RESTRICTION OF THE PARCELS :In accordance with the stipulations of article 8 " Responsibility ", Happy-Post reminds the Client that, all hypotheses combined, the compensation to which he could claim cannot exceed the sum of 345,00 euros (three hundred and forty-five euros) per parcel.
In these conditions, it is at his own risk that the client would entrust Happy-Post with a parcel of a value superior to the sum of 345,00 euros (three hundred and forty-five euros).
VI - DEPOSIT AND CONTROL OF THE PACKAGE :
6.1. DEPOSIT OF THE PARCEL :The parcel is presumed to be taken in charge by Happy-Post when it is handed over, against delivery of a proof of deposit, in a deposit point authorized to receive the parcels on behalf of Happy-Post.
In the case of MASTERCOLIS, single parcels are presumed to be taken over by Happy-Post at the first scan carried out after their reception in the Happy-Post hub.
6.2. CONTROL OF THE PARCEL :
6.2.1. CONTROL OF THE PARCEL BY Happy-Post:Every parcel taken in charge is subject to a control by Happy-Post as to the characteristics of the parcel (weight, dimensions) and its external aspect.
This control does not concern in any way the content of the parcel.
It is expressly agreed that this control, internal and proper to the functioning of Happy-Post, does not release the customer from his obligations concerning the conditions of admission of the parcels.
The acceptance and the treatment of the parcel by Happy-Post does not amount to a guarantee as to the solidity and the sufficiency of the conditioning and the packing, nor of its adaptation to the contents, which Happy-Post ignores.
If the customer's failure to comply with one or more of the admission conditions prevents and/or complicates the processing of the parcel, Happy-Post will contact the customer by e-mail and offer to return the parcel to the drop-off point. The cost of the return of the parcel to the drop-off point will be charged to the Client.
If the customer does not answer within three weeks after the sending of the e-mail, Happy-Post reserves the right to dispose of the parcel.
6.2.2. CONTROL OF THE PARCEL BY ANY COMPETENT AUTHORITY AND AIR FREIGHT:The Customer expressly agrees that Happy-Post, upon request of any governmental authority, including customs, is entitled to open and inspect the parcel entrusted to it at any time for the purpose of verifying the compliance of its contents with the laws and regulations in force at the time of sending.
The customer accepts that the parcel sent through Happy-Post can be subject to the rules of security control applicable to air transport.
6.3. REGULARIZATION OF NON-CONFORMING PARCELS :During the control of the parcel, if the weight and dimensions measured are superior to the weight and dimensions announced by the client on the website www.happy-post.com during the order, Happy-Post rectifies this error of unit weight and/or dimensions and proceeds to a regularization of the price of the service and the sum invoiced, which the Client expressly declares to accept by validating the order and the General Conditions of Sale.
The Customer will be informed by e-mail of the adjustments pending payment.
The invoice will be visible in the Customer's shopping cart once connected to the website www.happy-post.com. The customer will have to pay the invoice as soon as possible directly on the Happy-Post website. For the customers who have opted for the payment by monthly direct debit, the regularizations will be taken at the end of the month.
Happy-Post reserves the right to suspend the shipment of the parcel until the effective payment of the settlement invoice by the customer.
In the absence of payment of the invoices within 45 days after the issue and after having duly notified the client, Happy-Post reserves the right to suspend the account of the client and any order in progress, and to resort to any legal action in order to recover the sums due.
VII - DELIVERY TIMES AND TRACKING OPTION
7.1. DELIVERY TIME :If Happy-Post commits itself to implement the appropriate means to satisfy the Customer regarding the delivery times, on the other hand, it is expressly agreed that taking into account the hazards inherent to any routing, the times appearing in the website www.happy-post.com or any other document issued by Happy-Post, are given only as an indication.
7.2. CALCULATION OF THE DELAY :The delivery period starts on the day Happy-Post takes charge of the parcel and ends when the parcel is delivered to the addressee or when the parcel is first presented to the addressee or when a notice is left at the addressee's home.
7.3. TRACKING OPTION :When the tracking option has been subscribed, the Customer can consult the status of his Parcel on the website www.happy-post.com either by clicking on the link present for each parcel on his Account in the "My Orders" space, or in the "Track my Parcel" section of the website www.happy-post.com.
7.4. DELIVERY :The delivery of the Parcel is carried out by the deposit of the Parcel in the Collection Point or in the mailbox or by handing it over to the recipient or to a trusted third party according to the offer chosen by the Customer.
If the recipient is absent and/or the Package is larger than the size of the mailbox, a notice is left describing the methods of collection/delivery of the Package.
In any case, the transport notes/titles and any other document specific to the operator to whom Happy-Post has entrusted the delivery of the Parcel will be considered as proof of delivery.
When sending a parcel outside the European Union or Dom-Tom, customs charges may apply. To recover the parcel, the recipient will have to pay these expenses. These fees are calculated on the value of the items declared by the sender when creating the label.
In the case of the Premium service, if your recipient does not pick up the package at its destination and you wish to have it returned to you, additional fees may apply. In case of return of the Parcel, if it is subject to taxes or customs duties, they are to be paid by the Customer.
7.5. RETURN OF THE PARCEL:When HAPPY-POST or one of its delivery partners is unable to deliver the package, it is returned to the HAPPY-POST parcel processing platform. The customer is informed of the return of his parcel by email. He is invited to contact the Customer Service to give instructions on the package within 60 days.
Beyond this period, HAPPY-POST will proceed to the destruction of the parcel.
VIII - RESPONSIBILITY OF HAPPY-POST :
8.1. CONDITIONS OF THE RESPONSIBILITY OF HAPPY-POST FOR LOSS OR DAMAGE OF THE PARCEL:The loss, damage or delay suffered by all or part of the shipment engages the responsibility of Happy-Post in the following conditions:
8.1.1. Except for the provisions of an imperative international Convention applicable to the used mode of transport,The loss or damage of the parcel during the sending engages the responsibility of Happy-Post except in case of fault of the sender, the addressee, force majeure, inherent vice of the thing or any other element not attributable to Happy-Post.
The packaging of the parcel is the exclusive responsibility of the Client, it is expressly agreed that Happy-Post cannot be held responsible for the breakage of the objects during the delivery if the parcel remains closed during the delivery.
In case a parcel is returned by a transport provider because of the lack of a pro forma invoice on the parcel, Happy-Post cannot be held responsible. No refund will be accepted in this case.
8.1.2. Exemption of responsibility for European and international shipments by untracked mail or without signature upon receipt:Notwithstanding article 8.1.1, in accordance with the provisions in force of the Universal Postal Union and unless the tracking or signature option is subscribed to and/or expressly waived in writing, Happy-Post is exonerated from all responsibility in the event of loss and/or damage to a Parcel sent by postal service in non-tracked ou non signed mode in Europe or internationally.
8.2. CONDITIONS OF HAPPY-POST'S LIABILITY FOR DELAY:The delay suffered by all or part of the shipment engages the responsibility of Happy-Post in the following conditions:
8.2.1. Except for the provisions of an imperative international convention applicable to the used mode of transport,it is expressly agreed that the client can only seek the responsibility of Happy-Post for the delay of the shipment in the following two cases:
Happy-Post- Abnormally long delivery time and at least twice as long as the delivery time which would have been given as a strict indication.
In this hypothesis, the delay of the routing does not engage the responsibility of Happy-Post when it is attributable to a fault of the sender, of the addressee, of force majeure, of vice proper of the thing or of any other element not attributable to Happy-Post.
8.2.2. Exemption from liability for international postal shipments or non signed:Notwithstanding article 8.2.1, in accordance with the provisions in force of the Universal Postal Union, and unless the tracking or Signature option is subscribed to and/or expressly waived in writing, Happy-Post is exonerated from all responsibility in the event of delay in the sending by post of a Parcel or unsigned option in Europe or internationally.
8.3. LIMITATIONS OF RESPONSIBILITY IN CASE OF LOSS OR DAMAGE OF A PARCEL:If the Customer proves that the Service Provider is responsible for the loss of and/or damage to a Package, the Customer is entitled to claim compensation.
In all cases, and except for the mandatory provisions of an international convention applicable to the mode of transport used, this compensation may not exceed the amounts below:
Parcel shipment in France: 23 € per kilo of lost or damaged goods, including the price of the service.
Sending parcels to Europe and abroad: 12 € per kilo of lost or damaged goods, including the price of the service.
8.4. LIMITATIONS OF LIABILITY IN CASE OF DELAY :Except for the provisions of an imperative international convention applicable to the mode of transport used, if the client demonstrates that Happy-Post is responsible for delay in accordance with the provisions of article 8.2, the client is entitled to request compensation, the amount of which cannot exceed the price of the service.
This compensation will be credited to the account of the bank card used for the payment of the service on the website www.happy-post.com.
8.5. COMPENSATION FOR MATERIAL DAMAGE ONLY:In all cases where the contractual responsibility of Happy-Post would be engaged for any reason whatsoever, it is strictly limited to the compensation of the only material damage resulting from the loss, the damage or the delay. It is then up to the Client to justify, with evidences, the reality and the quantum of this prejudice.
Happy-Post is not responsible for indirect or immaterial damages such as loss of profit, loss of contract, loss of chance, loss of image, etc...
8.6. COMPENSATION EXTENSION OPTION :
The Customer always has the option of subscribing to a compensation extension option (up to a limit of €200 per parcel) and raising the liability ceilings in case of loss or damage (excluding delays) stipulated in Article 8.3 under the following conditions:
At the time of ordering the service, the Customer subscribes to this option and declares the value of his parcel within the limit of €200 (two hundred euros).
The Customer pays the corresponding premium.
It is expressly agreed that this option does not carry the right to a lump sum compensation up to the declared value in case of loss and/or damage of the parcel.
The client will have to establish the responsibility of Happy-Post and his right to compensation, within the limit of the declared value, will not go beyond the material damage stricto sensu according to article 8.5 and excluding any other damage.
8.7. INSURANCE :
It is the customer's responsibility to take out all insurance policies that he/she deems useful to cover the risks to which his/her package is exposed, the value of which he/she alone knows and can appreciate.
IX - CLAIMS :
9.1. CONVENTIONAL TIME LIMIT :Only the complaints for which the client will have sent to Happy-Post a registered letter in which he details in a precise way the damages observed and/or the reproached failures will be admissible and this, within seven days after the delivery of the parcel.
In case of non delivery of the parcel, the delay of complaint is extended to fourteen days after the date on which the parcel should have been delivered to the final recipient.
Beyond this period, any claim will be inadmissible due to foreclosure.
9.2. LIMITATION PERIOD :All the actions are prescribed within one year from the day following the day of the deposit of the parcel at the Happy-Post drop-off point.
9.3. CLAIM FORM FOR DELAY :For any claim due to delay, the customer will have to provide the specific form, which will be given to him for this purpose on simple request by the customer service of Happy-Post, duly filled in by the recipient or his representative. Any complaint must be motivated and accompanied by the justifications of the damage suffered.
X - CANCELLATION INVALIDITYIn case any of the provisions of the present conditions are declared null and void or deemed unwritten, all other provisions will continue to apply.
XI - WAIVERThe fact that either Party does not claim the application of any clause of the Terms and Conditions or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that Party of its rights under such clause.
XII - APPLICABLE LAW, MEDIATION AND LITIGATION
12.1. Applicable law
The present general conditions of service are governed by French law.
12.2. Attempt at amicable resolution
Any dispute arising from the interpretation or execution of these general terms and conditions of service will be subject to an attempt at amicable settlement between the parties.
In the absence of an amicable agreement, the dispute will be brought by the most diligent party before the materially and territorially competent jurisdiction.
In accordance with the provisions of the French Consumer Code relating to the amicable settlement of disputes, IMX France has joined the services of the CNPM mediation center whose contact details are as follows CNPM - Médiation de la consommation, 27 avenue de la libération, 42400 Saint-Chamond.
In the event of a written complaint that is not resolved by IMX FRANCE's customer service within a period of 2 months, the Customer, using the Services as a consumer, may refer the matter to the aforementioned mediator free of charge either electronically by connecting to the website https://www.cnpm-mediation-consommation.eu/, or by simple mail (specifying his or her email address, telephone number and enclosing the complaint) to the above-mentioned postal address
XIII - DATA PROTECTIONAs the person in charge of the processing, IMX FRANCE takes all the necessary precautions to preserve the security and the confidentiality of the data it collects within the framework of its activity and in particular, to prevent them from being deformed, damaged, or that unauthorized third parties have access to them.
Pursuant to Regulation 2016/679 of April 27, 2016, the individual may exercise his or her right to limitation of processing, erasure of data and portability from May 25, 2018.
These rights can be exercised by contacting the Data Protection Officer, appointed within the company IMX FRANCE, in the following way:
By post, by writing to us at the following address:
Service Protection des données personnelles
110 bis avenue du Général Leclerc
Plateau 18 level 1b
indicating your name, first name, address, email and if possible customer reference in order to speed up the processing of your request.
By electronic way, at the following address: firstname.lastname@example.org. The company IMX FRANCE will send an answer within 2 months after the exercise of the right. In case of unsatisfactory answer, the concerned person has the faculty to seize the CNIL.
Update : 08/11/2022