CONDITIONS FOR THE USE OF THE CHRONOPOST.FR SITE
1 – PURPOSE
The aim of these General Conditions of Use is to define the terms and conditions for the use of services offered by Chronopost on this Site. Customers or Users undertake to accept and comply with these General Conditions of Use. Any connection or Website access is therefore subject to compliance with these General Conditions. A User is considered to be any person who connects to a page of the Site or browses the Site. A Customer is considered to be any person who uses a user name and password on the Site and is therefore able to use certain functions of the Site reserved for Customers.
These Conditions of Use are in addition to the provisions contained on this Site, in particular the “Terms and Conditions” section, the Standard Terms and Conditions and any specific contractual conditions signed between particular Customers and Chronopost. Chronopost may change the Conditions of Use at any time without notice. When this occurs the modified Conditions of Use come into force as soon as they are published on line. Users are considered to have accepted these Conditions of Use by the mere fact of using the site.
2- DESCRIPTION OF ON-LINE SERVICES
The services are available to any Customer who has a Chronopost account number as well as to any natural or legal person who has previously signed up to the Site. The termination of the contract between Chronopost and customers for whatever reason automatically results in exclusion from using the Site’s on-line services.
2.1. Shipping with chronopost.fr
Customers or Users prepare their transport label by filling out the required fields necessary for shipping (most importantly, the consignee’s address and telephone number) and prints it out. The stages in placing an order are as follows: Customers may order Products and Services available on the Site once they have validated these Conditions of Use and the Standard Terms and Conditions. The procedure for placing orders includes the following minimum stages:
- No. 1: In order to be able to use an offer of shipping services, Users have to fill out the required fields (sender and consignee addresses on the parcel or envelope and/or choose a local pick-up location);
- No. 2: Users fill out the information regarding the parcel or envelope (packaging, weight, date sent, etc.) and any insurance if required;
- No. 3: the Site offers the most suitable Products or Services;
- No. 4: Users click the service or services they choose and the options offered (insurance, Saturday delivery);
- No. 5: A summary showing all the choices made and the total price of the service or services allow Users to check the details of their order;
- No. 6: Provided they have first accepted the Standard Terms and Conditions and the applicable General Conditions of Use of the Site, Users can confirm their order. Users will receive a confirmation e-mail stating that their profiles have been saved;
- No. 7: The contract is now validly entered into with the Customers entitled to the offer;
- No. 8: Users can use the secure mode to pay for their orders as defined in the “Financial conditions” clause below or opt for direct debit (for business customers only) subject to the conditions laid down in clause 9;
- No. 9: When the payment stage has been completed, Users receive confirmation of their order by e-mail as soon as possible. Chronopost sends a summary giving the details of the order (price, etc.).
Users may print their transport label(s) and access and print out their invoices. Bank accounts associated with payment of the service are only debited once the order has been accepted.
Users/Customers stick the transport label to the parcel. A transport label may only be used to ship a single parcel. Customers must not make any handwritten changes to the label; doing so will invalidate it. Users must then drop off the parcel at the post office, local pick-up location or Chronopost depot of their choice.
Customers who have an account number are eligible for the "One-Click" shipping service. In this situation an order is placed by completing the following stages:
- No. 1: Customers choose the shipping solution that best suits their needs. They must also check that the information given in the sender block is correct;
- No. 2: Customers then fill out the required fields (address of parcel or envelope consignee);
- No. 3: Customers fill out the information about their parcel or envelope (packaging, weight, date sent, etc.);
- No. 4: Customers click on the service(s) they choose and the options offered (insurance, Saturday delivery, notification of consignee);
- No. 5: Customers then print out the transport label and payment is made automatically by direct debit.
Creation of transport labels - Expiry Date. Once they have printed out, transport labels are assigned an Expiry Date and Customers must use them within sixty (60) days of printing them out. After this date, parcels bearing such transport labels will be refused without Chronopost being in any way liable.
Consignee information. Customers may choose for consignees to be given notice of shipping by e-mail. When Customers choose this option they authorize Chronopost to send the consignee a message on their behalf and using their name giving information about the parcel.
2.2. On-line collection requests
Conformity of parcels
Customers undertake that parcels handed out will comply with every detail of the information entered in the collection request. Failure to comply with this obligation may result in handling being delayed or cancelled without Chronopost being in any way liable.
If parcels are unavailable at the agreed collection time, Chronopost reserves the right to postpone handling, without being in any way liable.
Customers will be charged for any unsuccessful collection resulting from poor or non-performance of their obligations.
Confirmation by e-mail of collection request
If the collection point is different from the Customer’s address, the Customer may send an e-mail informing its contact where pick-up is to take place. When Customers choose this option they authorize Chronopost to send their contact a message on their behalf and using their name giving information about the collection point. If there is an inconsistency between the data entered and the type of parcel entrusted to Chronopost, the actual characteristics of the parcel will take precedence. Customers authorize Chronopost to adjust the sums billed according to the actual characteristics of the parcels deposited.
2.3 Tracking items
The parcel tracking service is a personal information service available only to Chronopost Customers who have the reference number of their parcel. Tracking information is the sole property of Chronopost and Users expressly acknowledge and accept this fact. Consultation of this service is done in a non-industrial environment and configuration suitable for a limited number of consultations. For this reason, Users undertake to only make one request per second issued by the same IP (Internet Protocol) address. Chronopost reserves the right to suspend the service if a higher number of requests is made.
Parcel tracking may be consulted for 6 months after the transport label has been printed out. Users must therefore refrain from extracting tracking information and/or using it for any purpose, commercial or otherwise, in any way, including via an automated process.
If this provision is breached, for security reasons and in order to preserve the access quality of the Site for its Customers who send parcels and their consignees, Chronopost may take any steps it considers appropriate. Tracking information obtained using the service has no contractual value and may not under any circumstances constitute proof of failure to perform the parcel routing and delivery service. Only data generated by the Chronopost IT system will be considered valid, provided it has been collected after investigation and research undertaken by the authorized departments of Chronopost following a complaint correctly constituted and filed with Customer Service.
2.4. Automatic Tracking Message (ATM)
Subscribing to this service enables Customers to receive e-mail or text messages giving parcel tracking information and/or have such messages sent to parcel consignees.
Access and registration of an Automatic Tracking Message request
In order to subscribe to ATM, Customers should enter the required information correctly. Chronopost may not be held liable for the consignee failing to receive the information. Customers will have sole responsibility if consignees initiate proceedings because they did not wish to receive e-mail from Chronopost.
Registration for the Automatic Tracking Message service and unsubscribing
Personal data relating to an Automatic Tracking Message are stored for a maximum twenty-one (21) days. They will not be used for any purpose other than the Automatic Tracking Message service, particularly for commercial or promotional purposes.
An Automatic Tracking Message request will be deleted when it has been created for more than twenty-one (21) days, if the item has been delivered, if the e-mail inbox fails to operate or if a request has been made to stop Automatic Tracking Messages. Unsubscribing from ATM may be effected using a link included in the Automatic Tracking Message e-mail sent following a request.
2.5. Retrieving proof of delivery on line
This Service enables Chronopost Customers (senders only) to download the image of the signature of the consignee for a shipment using the following tools:
- Chronopost.fr (Customer account area)
- Chronotrace (in authenticated mode)
- using web service technology
Proof of delivery is available within a maximum of two working days after delivery.
Any use of automated interrogation systems, robots, tools, repetitive programs or scripts for collecting and extracting data, or other mechanisms that perform similar functions is expressly prohibited.
Consultation of this service is done in a non-industrial environment and configuration suitable for a limited number of consultations. The service is available 7 days a week from 6am to 3am. Consultation of proof of delivery is available for 6 months after the parcel delivery date.
2.6 Use of Discount Coupons
Discount codes are expressed as a percentage reduction on a type of products and/or services. Vouchers are expressed as monetary value. Discount codes and vouchers are referred to individually or collectively using the term “Discount Coupons”.
Discount Coupons are only valid on the www.chronopost.fr. Site
Every Chronopost Discount Coupon bears an expiry date irrespective of the medium used. Any Discount Coupon may be used on the www.chronopost.fr site for purchasing any products or services other than those excluded by the conditions given on the Discount Coupon. Discount Coupons may not be refunded under any circumstances. Customers may only use one discount code (discount coupon or voucher) for a given order. The discount code (discount coupon or voucher) must be entered in the “My benefits” field of the shopping cart.
Collective codes are expressed as a percentage reduction and apply to all the Customer’s orders once the business provider has entered the code while pre-registering the customer, or by customers themselves in their profile. They remain valid on customers’ accounts until their validity dates expire.
2.7 On-line pricing simulation
This service for estimating the cost of shipments gives the public transport cost (excluding fuel surcharge, parcel safety, options and supplements) of shipments both from Metropolitan France or French Overseas Departments and to Metropolitan France, French Overseas Departments and all countries served worldwide by Chronopost, according to the weight of the parcel (actual or volumetric).
The pricing information is given merely as an indication and is not binding on Chronopost in any way whatsoever.
Only the pricing given on the invoice applies.
2.8. Predict Service
In the event of unsuccessful delivery this service enables final consignees who receive a delivery notice when their parcel is being processed to:
- modify the initial delivery date (within 6 days of the initial date), and/or
- choose a delivery point other than that initially chosen by the sender, i.e. a post office, Pickup shop or Chronopost depot, proposed within the initial delivery perimeter, or a named neighbor.
Chronopost may not be held liable for any errors in the information provided by the Customer.
3 - CONDITIONS OF USE
Customers or Users undertake to provide the compulsory information required by Chronopost according to the service used and to transfer the data entered to enable their requests to be processed normally. Customers or Users are solely liable for the accuracy of the information given to Chronopost.
Customers must respect the confidential and personal nature of their user IDs and passwords and manage the use thereof within their company, including use of their account number. They will be liable for all costs incurred under their account number.
Customers or Users also undertake:
(i) not to conceal the origin of information communicated via the Site,
(ii) not to disseminate incorrect or misleading information on the Site,
(iii) not to use any services, information, applications or software available via the Site, or to access it in any way that is not expressly authorized by Chronopost,
(iv) not to introduce or send to the Site any information containing viruses, Trojan horses, worms, time bombs or other IT programs designed to damage, disrupt, intercept or hijack any system, the Site or data, or breach the intellectual property rights of third parties,
(v) not to access certain zones of the Site that are reserved solely for Customers with a Chronopost account,
(vi) not to use the Chronopost Site or Systems or Services, or to access them in any way whatsoever which, in Chronopost’s opinion, deteriorates the performance or operation of Chronopost Systems, Services or Site or compromises the capacity of the parties authorized to access Chronopost Systems, Services or Site,
(vii) not to use frames to frame any part whatsoever of the Content or Information without Chronopost’s express written approval. If Customers fail to comply with any of the obligations provided for in this document, Chronopost will be authorized to remove automatically and/or suspend access to on-line services that are the subject of this document, without giving any notice and without prejudice to any compensation it may claim.
4 - LIABILITY
4.1 Chronopost’s liability
Under no circumstances may Chronopost be held liable for any consequential and/or indirect losses whatsoever, particularly losses of profit, gain, customers, data, any commercial losses whatsoever resulting from the use or inability to use software or the internet, even if Chronopost received prior notice of the possibility of such damage. Chronopost may not be held liable for any loss resulting from a disruption or malfunction whatsoever, suspension or discontinuation of the Site, for any reason whatsoever or any material or consequential loss that may result in any way whatsoever from connecting to the Site and/or using the System. Customers or Users are solely liable for connecting to the Site.
§ In particular, Chronopost may not be held liable for any deterioration of information, programs, files or databases following use of the Services.
§ Chronopost may not be held liable under any circumstances for disruptions or interruptions in internet access networks, failure of Customers’ IT or telephone equipment and more generally, any event related to conditions of internet access.
§ Furthermore, Chronopost does not give any guarantee that the information and/or items accessible via this Site are accurate, complete or up to date, nor that the Site does not contain any viruses or items that may be damaging to Customers or Users.
§ The Site contains or may give access particularly to information, items or services that may be provided by Chronopost’s Partners or third parties, including subsidiaries of Chronopost or Le Groupe La Poste. Under these circumstances, Chronopost (i) does not guarantee the accuracy, relevance, completeness or appropriateness of the information, items or services and, (ii) may not be held liable if any of them breaches any intellectual property or other rights of any person or applicable regulations.
4.2 Customers or Users Liability
§ Customers or Users are solely liable for the use they make of the functions offered by the services uploaded by Chronopost. Customers or Users expressly recognize that they use the Site at their own risk. The Site is provided as it stands without any other guarantees. Customers or Users must therefore comply with the regulations and laws in force, particularly regarding processing personal information. In particular they agree not to send any messages likely to harm minors or, in general, to break the law.
§ Customers or Users are solely liable for the identity they give and for the content of messages they send. Any use of any data from the Customers’ or Users’ e-mail address is considered to have been made by the Customers or Users themselves.
§ Customers or Users are responsible for all risks related to loss of profit, loss of data, errors, loss of commercial or other information resulting from use of the Site. Customers or Users of the Site will be liable for all costs and risks related to use of the Site.
5 – SITE GUARANTEE AND FUNCTIONS
§ The software is considered to comply with its specifications, on condition it is correctly used under the operating conditions provided for in the relative documentation. Customers hereby recognize that is it impossible to guarantee that it will satisfy performance requirements or that it will operate continuously without bugs.
§ Chronopost does not give any guarantee, whether express, implied, contractual or other, and in particular excludes any guarantee concerning the accuracy of any content of the Site and/or its capacity to satisfy the expectations and/or specific requirements of all Users. In particular, Chronopost excludes any guarantee and may not be held liable for any specific or non-general information, any analyses or reviews it may give on the Site. Users are therefore responsible for obtaining any information or advice.
6 – FINANCIAL CONDITIONS AND PRODUCT PAYMENT TERMS
For Customers that have a Chronopost account number or those that have opted for direct debit, paid services are billed monthly under the terms and conditions fixed in the contract between Customers and Chronopost. For “cash” Customers, the applicable rates are those given on the Site on the day the order is placed. Payment occurs when the basket is validated and is made by bank card of the Carte Bleue, Visa, Eurocard/Mastercard network, via a secure payment service or PayPal. If payment proves fraudulent, incomplete or non-existent through the Users’ fault, the sale of the services will be cancelled and Users will be liable for any costs. Civil or criminal proceedings may, if necessary, be brought against them.
7 – INTELLECTUAL PROPERTY
All the items (information, data, trademarks, logos, photos, various graphic depictions, etc.) present on the Site are the sole property of Chronopost SAS and its partners, and are protected by copyright, trademark and patent law, legislation on the legal protection of databases, by the provisions of the French Intellectual Property Code or by any law recognized by the legislation in force. A reminder of the various protections appears on all the pages of the site with the following copyright © Chronopost 2015. In application of the French Intellectual Property Code and, more generally, international treaties and agreements including provisions for copyright protection, Users may not reproduce, other than for private use, sell, distribute, issue, disseminate, adapt, modify, publish, communicate either in full or partially, in any form whatsoever, the data, presentation or organization of the Site or works protected by copyright that appear on the Site without the Company’s specific written prior approval. Users shall also refrain from introducing data into the Site that may or is likely to change the content or appearance of the data, the presentation or organization of the Site or works included in the Site, by any means whatsoever. By accessing the Site, Users therefore acknowledge that the items on it are legally protected and, in particular, Users must refrain from extracting, reusing, storing, reproducing, representing, or transmitting, directly or indirectly, on any medium, by any means and in any form whatsoever, all or any of the items accessible from the Site. The same applies to any databases that may be included on the Site that are protected by provisions of the Intellectual Property Code, both under copyright of the producer of the database and the law dated 1 July 1998. Any reproduction, representation of these databases and/or fraudulent extract of its content are prohibited. No license or other right of use under any intellectual property right is granted. Any breach of these provisions are governed by the criminal and civil provisions in force under French law. The right to use Chronopost software grants Customers a non-exclusive, non-personal and non-transferable right to use software (“the Tool”) that needs to be installed to use the Services. Chronopost hereby declares it owns the non-pecuniary and pecuniary rights needed to grant Customers the rights provided for in this document. The right of use granted above provides access to the executable version of the Tool, excluding source codes. The right of use granted above excludes the right for Customers to (i) pledge the Tool in any way and in any form whatsoever, (ii) use the Tool other than for the benefit of the Customers (iii) modify, adapt, translate the Tool, or create works derived from it (other than within the strict framework of this document in order to upgrade a Tool). Customers must refrain from decompiling, rebuilding using reverse engineering or otherwise disassembling the Tool or attempting in any way whatsoever to rebuild its source code. Chronopost remains the sole owner of the intellectual property rights over the Tool and retains all the rights that are not expressly transferred by this document. The right to use the Tool is granted for the term of the contract between the Customer and Chronopost.
8. PERSONAL INFORMATION
As the body responsible for data processing, Chronopost hereby informs Customers and Users in their capacity as Sender or Consignee that the information collected is necessary for the performance and processing of their request and/or order and to monitor our business relations. Chronopost undertakes to respect the confidentiality of personal data and information issued by the Sender and/or Consignee and to process them in compliance with the modified French Data Protection Act of 6 January 1978. Chronopost hereby stipulates that the data will be used by its services and all third parties located within and outside the European Union that participate in the performance of services, particularly: - to perform the delivery service, - to reinforce and customize communication particularly by issuing newsletters, special offers and special e-mails as part of customizing business relations, - to measure the level of satisfaction of consignees and improve Chronopost offers and services through satisfaction surveys (by e-mail or telephone). Within this context Chronopost may choose to transfer data to third parties outside the European Union in strict compliance with regulations. If the Sender is a business customer it undertakes to fulfill the legal formalities needed to implement the processing of the personal information it uses from its Customers, and to ensure the protection thereof. In particular the Sender undertakes to notify the consignees of the transfer, in order to perform the services, of their personal information, particularly their postal contact details, e-mail address and phone numbers, to Chronopost or any third parties that may participate in the services. Customers may at any time exercise their right to access the file, their right to oppose receiving advertising and their right to correct or delete information about themselves by sending a request (giving the e-mail address, surname, first name, postal address) by letter to the following address: Chronopost SAS – Direction juridique – 3 avenue Gallieni 94250 GENTILLY
9 – JURISDICTION
These General Conditions of Use are governed by French law and the User, by accepting this document, irrevocably grants sole competence to the French courts. Any disputes over this document will be decided solely by the Paris Commercial Court. *** These General Conditions of Use are only applicable to the extent authorized by law. © Chronopost 2015