TOUT INCLUS 2024 ENG - CHALON MACON - Flipbook - Page 32
TERMS AND CONDITIONS
OF SHIPMENT
SAS JRD is a limited liability company registered in the Chalon-sur-Saône Trade and Companies Register
under number B 884 242 108, with its head office at 27 rue Louis Alphonse Poitevin, 71380 Saint-Marcel,
and is an independent franchisee of MAIL BOXES ETC. network (valid as from September 1st, 2020).
Where cash on delivery payment has been agreed upon, the service shall be subject to the clauses and
conditions of the MBE Center’s partner shipping company - for which the Center is not responsible.
4(3) Insurance
The Customer may take out an insurance directly with the MBE Center’s partner shipping company chosen
by the Customer to provide carriage. The General Terms and Conditions of Insurance of the shipping
company shall constitute an integral part of the General Terms and Conditions for Carriage provided by the
MBE Center’s partner shipping company chosen to provide carriage. They are submitted to the Customer
before the signing of the packing list.
These Conditions specify, in particular, the extent of the insurance, the conditions of its application and its
eventual limitations.
SAS JRD2 is a limited liability company registered in the Chalon-sur-Saône Trade and Companies Register
under number B 917 948 838, with its head office at 8b rue Mathieu, 71000 Mâcon, and is an independent
franchisee of MAIL BOXES ETC. network (valid as from October 1st, 2022).
Section 1. Scope of application
1(1) These General Terms and Conditions of Shipment (GTCS) shall apply to each shipment contract entered
into between, on the one hand, a customer (a natural or legal person, acting in the course of business or
for private purposes), hereinafter referred to as “The Customer”, and on the other hand SAS JRD, using the
MBE Center located at 27 rue Louis Alphonse Poitevin, 71380 Saint-Marcel,hereinafter or SAS JRD2, using
the MBE Center located at 8b rue Mathieu, 71000 Mâcon , both referred to as “The MBE Center” and acting
as an independent franchisee of the MBE network.
For the purpose of these General Terms and Conditions of Shipment, every subscription to a shipping
service for goods and merchandise with the MBE Center shall be considered as a shipment contract – since
for these services MBE France acts as a forwarding agent and it is not responsible for transportation and
its various intermediaries.
The shipment contract may eventually include one or more additional services defined in section 4 of these
GTCS.
These General Terms and Conditions of Shipment shall not apply to services other than shipping. They
shall also not apply to purchase of goods from the MBE Center. If the shipment is not related to a shipping
contract, the purchase of goods shall be regulated by the General Terms and Conditions of Sale of the MBE
Center.
1(2) The shipment contract shall also include the duly-filled out packing list, the price list of the MBE Center,
forms, related quotations and invoices as well as the General Terms and Conditions for Carriage of the MBE
Center’s partner shipping company chosen by the Customer to perform the shipping.
1(3) No derogation to these General Terms and Conditions of Shipment or to the shipment contract shall be
allowed, unless it is expressly accepted in writing by MBE Center.
Any derogation to the General Terms and Conditions for Carriage of MBE Center’s partner shipping
company shall, in order to be valid, have to be previously agreed upon expressly, in writing by the partner
Company.
1(4) The General Terms and Conditions of Shipment shall take precedence over all derogations by the
Customer.
Section 5. Delivery dates
The Customer shall choose the delivery date from among the following options:
- Standard: delivery within 2 to 5 days following the pick-up date,
- Express: delivery within 2 to 5 days following the pick-up date.
These delivery dates are expressed in terms of working days and are intended as an estimate only. The
MBE Center shall not in any way be responsible or liable for delays in delivery by the MBE Center’s partner
shipping company chosen by the Customer to provide carriage.
Section 6. Liability
The MBE Center shall not be held responsible for losses, damages or delays caused by the MBE Center’s
partner shipping company chosen by the Customer.
In the event where MBE Center is held liable on any ground and on any basis whatsoever, its liability shall not
exceed the declared value of the shipment or - where such a declaration has not been made - its liability shall
be € 5,00 (tax included) per kg with a maximum of € 55,00 € (tax included). In no event shall the liability of
MBE Center exceed the above mentioned sums.
Section 7. Terms of payment
Any required shipping services and any other additional services to the shipping shall be paid by the
customer to the MBE Center on the day of the signature of the contract, using the payment method stated
in the packing list.
Where extended payment terms are agreed, they shall not, under any circumstance, exceed thirty days as
from the date of issue of the invoice for all the services provided by MBE Center.
If payment is not received on the due date, the Customer shall be legally obliged to pay a penalty for late
payment which is equal to the interest rate set at three times the statutory interest rate as well as a fixed
charge of € 40,00 as recovery costs. If recovery costs incurred exceed this fixed charge, the MBE Center may
ask for additional compensation upon presentation of evidence.
Section 2. Execution of the shipment contract
2(1) Transporting goods and merchandise from the customer to the consignee shall be carried out by the
MBE Center’s partner shipping company stated in the packing list, that the client would have chosen.
Accordingly, every shipment contract shall entail the acceptance by the Customer of the General Terms and
Conditions for Carriage of the MBE Center’s partner shipping company that the customer admits to know
since they were previously handed to him during the signing of the packing list.
2(2) MBE France and SAS JRD shall not be liable to the customer with respect to transportation and cannot
guarantee the acts by the MBE Centre’s partner shipping company and/or its substitutes.
2(3) Customer’s obligations
2(3)(1) Packaging - Labelling
If the Customer does not subscribe to the additional packing service referred to in Section 4.1 of these
General Terms and Conditions of Shipment, the customer shall be obliged to package, wrap, mark and
countermark the goods in such a way that they can withstand transportation and/or storage operations
performed under normal circumstances as well as the successive handling that is unavoidable during such
operations.
Packaging and wrapping shall not pose any danger to the drivers or handlers, the environment, the safety
of transportation vehicles, to any other merchandise being transported or stocked, to the vehicles used or
to any third party.
Moreover, the Customer shall have to place on each parcel, object or load unit a clear mark that makes it
immediately and unequivocally possible to identify the sender, the consignee, the place of delivery and
the kind of goods.
The Customer shall be liable for all the consequences of any absence, inadequacy or defect in packaging,
packing, marking or labeling as well as any breach relating to the obligation to inform and declare the
nature and specificities of goods.
The Customer shall expressly commit not to deliver to the MBE Center merchandise or goods that do
not meet the handling conditions set forth in the General Terms and Conditions for Carriage of the MBE
Center’s partner shipping company – the Customer will have chosen.
Where the Customer delivers to the MBE Center merchandise and/or goods that violate the General Terms
and Conditions provided by the MBE Center’s partner shipping company – the customer shall be solely
liable for any consequences that may ensue therefrom, without recourse against MBE France.
Works of art shall only be accepted for shipping if the Customer takes out a specific insurance that entails
the waiver by the insurer of any recourse against MBE France and/or the MBE Center’s partner shipping
company.
The MBE Center shall not take any special measure to protect perishable goods from heat or cold. Perishable
goods shall be shipped at the sole risk of the Customer, under the same conditions applied to other goods.
The MBE Center reserves the right to destroy, at the expense and risk of the Customer, degraded goods.
Section 8. Contractual right of lien
The MBE Center shall have a contractual right of lien that includes a preferably, general and permanent lien
on all goods and merchandise that are given to it, as guarantee of the payment of the full amounts due it
by the Customer.
Section 9. Statute of limitations All legal proceedings for liability resulting from the services carried out
by MBE Center shall be subject to a limitation period of 1 year starting from the date of provision of the
service complained of and as regards duties and taxes recovered ex post facto starting from notification of
adjustment.
Section 10. Privacy policy
Your personal data are processed in compliance with the applicable regulations on the protection of
personal data (including the European Regulation 2016/679 on the protection of personal data entered into
force on 25 May 2018).
The information relating to the processing of your personal data is detailed in the document entitled
«PRIVACY NOTICE FOR THE PROCESSING OF PERSONAL DATA» – attached with this waybill, completed and
signed by you.
Section 11. Jurisdiction and Applicable Law
In the event of legal proceedings or a dispute, the Tribunal de Commerce of Paris shall have sole jurisdiction,
even in case of a counterclaims and third-parties complaint.
Section 12. Final Provisions
Legal relations between the Customer and the MBE Center are governed by the French law.
If one or more provisions of these General Terms and Conditions of Shipment should prove to be null and
void or inapplicable for whatever reason, the validity and application of the other provisions shall not be
affected.
Section 13. Claim and Mediation
If you are not satisfied with the response to your complaint within 21 days of sending it, you may refer the
matter to the Commission Médiation Franchise-Consommateurs (MFC), whose contact details are as follows:
Section 3. Customs clearance
The MBE Center shall have the right to perform customs clearance procedures in the name of and on behalf
of the Customer or to entrust them to a third party such as the MBE Center’s partner shipping company.
Compliance with customs rules shall be the sole responsibility of the Customer. The Customer shall
reimburse, upon request by the MBE Center, all costs, taxes and fees from customs clearance or shall pay,
on first demand, an installment of an amount sufficient to cover all the sums MBE Center would have to pay
in advance to carry out its operations.
Médiation Franchise-Consommateurs
29 Boulevard de Courcelles
75008 PARIS
https://www.mediation-franchise.com/saisir-la-mediation
Carriers terms and conditions :
UPS : https://www.ups.com/fr/fr/support/shipping-support/legal-terms-conditions.page
Fedex : https://www.fedex.com/fr-fr/conditions-of-carriage.html
DHL : https://mydhl.express.dhl/fr/fr/shipment/terms-and-conditions.html
TNT : https://www.tnt.com/express/fr_fr/site/conditions-generales.html
GLS : https://gls-group.com/FR/fr/cgv
Section 4. Additional services
4(1) Packing
The customer may use the packing service provided by MBE Center upon payment of the amount indicated
on the packing list.
In case merchandise require special packing precautions for their carriage, the Customer shall have to
inform the MBE Center of this in writing, since the MBE Center cannot be held liable where the specificities
of the goods are not stated in the packing list.
4(2) Cash on delivery
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