Article 1-Purpose:
The purpose of the present agreement, as applied to the context of opening an account, is to govern Ecolocourse Paris’s delivery of letters and packages throughout Metropolitan France, and Europe in accordance with the Customer’s instructions.
The transfer of funds and liquidities is excluded, in addition to the transport of living animals and dangerous products whose transport is governed by special regulations.
Objects of value shall be the subjects of prior declarations so that Customer can purchase appropriate insurance coverage.
Otherwise, in the case of damages and/or losses, the Customer shall accept responsibility for all damages per Article 6, below.
In all cases, Ecolocourse Paris reserves the right to independently organise trips and to implement any and all necessary means to complete its services.
Article 2-Duration
The present agreement has been ratified for an indeterminate duration. Nevertheless, each party may terminate it at any time as long as they provide one-month advance notice per year of seniority based on the date when the account was opened.
This advance notification shall be provided via registered mail.
Article 3-Invoicing
- Operations:
In the case of extra wait-times and/or handling difficulties, the Customer agrees to purchase 1 additional trip unit per 10 minute-delay.
After 4PM, all trips will be invoices as “urgent”.
After 5:30PM, all trips will be invoiced as “extra urgent”.
Between 8PM and 8AM, all trips will be invoiced as “urgent” in addition to an extra 10 unites.
- Administration:
Invoices will be deemed to be payable no later than the 30th day of the month following completion of the services provided by Ecolocourse Paris and in accordance with Law No. 2006-10 dated 5 January 2006 (unless otherwise agreed in writing).
After formal notification goes unheeded, all payment defaults shall lead to a penalty of 3x the legal interest rate in addition to possible legal and collection fees, etc.
Each issued invoice will include a minimum invoice price of €13, excluding taxes, in order to avoid negative margins due to invoices less than €10, excluding taxes.
No invoices will be issued to Customers who do not use our services for any given month.
Article 4-Delivery Norms
Motorcycle deliveries shall not exceed 40*40*30 in volume and 5 kg in mass.
Auto deliveries shall not exceed 1 EUR pallet in volume and 600 kg in mass.
Van deliveries shall not exceed 3 EUR pallets in volume and 1.500 kg in mass.
Large Volume deliveries shall not exceed 8 EUR pallets in volume and 1.200 kg in mass.
Article 5-Liabilities
Ecolocourse Paris agrees to deliver its Customers’ letters and packages to their specified destinations.
Ecolocourse Paris agrees to make every effort to complete its deliveries per the agreed schedules.
If such schedules are not respected, Ecolocourse Paris agrees that, at the Customer’s request, it will invoice the latter at a reasonable price based on the delivery duration. If a “normal” schedule is not met, the delivery may not be invoiced at all.
Article 6-Limited Liability
The order-giver must do whatever is necessary to provide sufficient packaging such that the delivery can be completed under the best possible safety conditions.
Ecolocourse Paris can only delivery packages and documents owned by the Customer who is responsible for acting on his own behalf, as well as that of others whom he is duly-authorised to represent.
Ecolocourse Paris’s liability is limited to €33 per kilogram. without exceeding €1,000 per package unless there is a prior declaration of value submitted by the Customer in which case, thelatter must provide adequate insurance coverage for it.
Article 7-Claims
All delivery-related claims (thefts, losses, accidents, etc.) must be the subject of formal claims submitted via registered mail within the first 3 days following receipt of the packages and/or letters.
Article 8-Confidentiality
Each party agrees to respect the secrecy of the other party’s confidential information of which they may take knowledge for the purpose of executing their obligations under the present agreement.
The Customer’s business, technical, financial, electronic and structural information shall especially be considered confidential.
The Provider also expressly agrees to preserve the confidentiality and secrecy all information sent to him by the Customer as well as all documents and other information of which he takes knowledge while executing his obligations under the present agreement. He shall only use such for the purpose of the Contract and shall not reveal such information to any third party.
This obligation is binding on both Parties with regards to all third parties, whether physical persons or legal entities, whether they be external companies or those in his own group.
The Provider shall ensure that his own personnel respect these obligations, including all sub-agents and sub-contractors hired to complete the aforementioned services, and agrees to do whatever is necessary to ensure that such persons respect these obligations.
The present confidentiality obligations are applicable throughout the duration of the Contract and for a period of five (5) years after its expiration of cancellation.
The Parties agree to treat all personal data that they may acquire under the present agreement in accordance with the regulations applicable to the processing of such data and the protection of privacy, especially the provisions of the Computers and Liberties Law (Law No. 78-17 dated 6 January 1978, modified) and the General Regulation Governing the Protection of Data (Regulation No. 2016/679 dated 27 April 2016).
The obligations associated with personal data shall be considered to be essential contractual obligations whose disrespect may automatically grant the Customer the right to cancel the contract without any forewarning or formal notification.
Article 9-Jurisdiction
All litigation related to the present agreement shall be resolved by the business court presiding in the district of Ecolocourse Paris’s head-office.