1.1. These general terms and conditions of use (the "Terms and Conditions") set out the legal framework governing access to and use of the DELIV4U application (the "Application") by a user who must be at least eighteen (18) years of age acting as an individual on his or her own behalf, or as a professional on behalf of a company (the "User" or "you").
1.2. The Application belongs to DELIV4U, a simplified joint stock company with a share capital of ... euros, registered with the Trade and Companies Register of ... under the number ..., whose registered office is located ..., hereinafter referred to as "DELIV4U" or "we".
2.1. The Application allows Users to access a platform for organising and scheduling urgent deliveries and for connecting with independent professional couriers listed on the platform. The Application communicates requests ("Orders") for urgent deliveries of mail, parcels and/or objects (the "Items") to Transport Professionals registered as users of the DELIV4U system (the "Couriers" or "Deliverers" or "Transport Professionals"), who receive and accept the requests and manage the Courier and Emergency Delivery Services via this application.
2.2. By using the Application and its services, you are informed and you acknowledge that DELIV4U does not provide any courier or emergency delivery service, that it does not act as a courier, delivery agent or transport commissioner, and that all the services offered on the platform are provided by independent professional service providers who are not employees of DELIV4U.
3.1. The Application can be downloaded from the App Store1 and Google Play2.
Access to and use of the Application are conditional upon the User's acceptance of the General Conditions in force at the time of accessing the Application.
The General Conditions may be modified at any time by DELIV4U.
In this respect, by accessing the Application, the User agrees to be bound by the General Terms and Conditions and, where applicable, by any modifications that come into force at the time of accessing the Application. If the User does not accept the General Conditions, he/she will not be able to access the Application or use the services offered.
Please read these Terms and Conditions and the Privacy Policy (link to the list of legal notices: https://deliv4u.fr/legal) carefully before using the Application. We recommend that you read the Terms and Conditions before each use of the Application.
3.2. The use of the Application requires the installation of the software. The creation of an account is only mandatory for Transport Professionals. When the Application is installed, the User's telephone number is linked to the User's account and added to the database.
4.1. The User may pay for the Courier and Emergency Delivery Services presented on the Application by credit card (CB, Visa, MasterCard, EuroCard, American Express) on the Application. The choice of payment method is made by the User at the time of ordering the Emergency Courier and Delivery Service and this choice is final for each journey.
Payment by credit card on the Application requires the provision of information relating to the means of payment, the prior activation of the credit card data in the Application and the acceptance of the General Conditions.
4.2. When you make payments by credit card, DELIV4U collects the sums received on behalf of the Transport Professionals carrying out the Emergency Courier and Delivery Service and transmits the payments received to the Transport Professional who carried out the Emergency Courier and Delivery Service.
When you make payments by credit card, a chargeable service is added for each order of Courier Service and Emergency Deliveries.
The above mentioned service fee includes the commission fee including the Visa/MasterCard service fee.
The amount of the service fee is displayed in the Application.
4.3. In the event that the payment intermediary charges fees for the use of the payment service, paid separately by the customers, these fees will not be included in DELIV4U's service fees for credit card payment.
4.4. DELIV4U reserves the right to block access to any person who behaves fraudulently on the Application and who may harm the activity of the partners in any way.
Disputes relating to bank cards are resolved through DELIV4U. Contact with the DELIV4U service dedicated to credit card payments is made by email at [email address].
5.1. If the User of the Application makes a request for an Emergency Courier and Delivery Service and the Courier has confirmed acceptance of the service, the Emergency Courier and Delivery Service is considered to be ordered.
Cancellation of an ordered Courier and Emergency Delivery Service is not possible.
5.2. In case of an Order for a Courier Service and Emergency Deliveries, if the User does not show up to give the courier the Item to be delivered within 5 minutes from the moment DELIV4U has informed him of the arrival of the courier, the User will be liable for additional fees explicitly communicated on the Application before the Order (cf. price list: [link]).
5.3. We reserve the right to revoke the right to use the Application from any User who attempts by any means to cancel an Order placed.
In this case, the Application will notify the User.
The right to use the Application may be cancelled for a maximum period of six months. At the end of this period, the User may use the Application again by contacting the local team by email.
6.1. DELIV4U grants a personal, non-exclusive, non-assignable, non-transferable, free and revocable licence to the User to use the Application in accordance with the General Conditions and for the sole purpose of using the Application.
6.2. The User shall not :
6.3. The license granted hereby is granted for the legal duration of protection of the Application by intellectual property rights, and for the whole world.
Furthermore, any circumvention of any measure used to prevent or limit access to the Application is prohibited.
The consumer's right to reimbursement is not applicable to Orders made via the DELIV4U application, regardless of the payment method selected.
7.1. As the Application is a means of communication between the Customer Users and the Users providing the Courier and Emergency Delivery Service, DELIV4U cannot influence or take responsibility for the quality or defects of the service. In case of complaint, please contact our support team (See "Claim – Dispute Resolution" in this document).
The Application does not constitute an offer or a brokerage service for Users.
The Application is not a means of organising the provision of Emergency Courier and Delivery Services. Nor is it an agency service for courier and emergency delivery service providers to find customers.
7.2. DELIV4U, its officers, employees, or service providers shall not be liable for any harm or damage of any kind arising out of or relating to your use of the Application or the Emergency Courier and Delivery Services or any information, service or Content of this Application relating to the Emergency Courier and Delivery Services offered by Transport Professionals.
7.3. You shall be liable for any damages suffered by DELIV4U resulting from your violation of the Terms and Conditions. You agree to indemnify and hold harmless DELIV4U and its officers, employees, shareholders, licensees, and insurers from and against any and all injuries, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Terms and Conditions.
7.4. DELIV4U does not guarantee that the Application or its Content :
We reserve the right to correct any errors or omissions on the Application.
Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or modify all or part of the Application at any time and without notice. You acknowledge that DELIV4U shall not be liable for any such suspension, modification or interruption of the Application.
You are expressly reminded that the Internet is not a secure network. We cannot therefore be held responsible for contamination by viruses or the intrusion of a third party into your terminal's system and decline all responsibility for the consequences of your access to the Application that are not directly and exclusively linked to a failure by DELIV4U to fulfil its obligations under the General Terms and Conditions.
In particular, we shall not be liable for any damage not directly and exclusively attributable to us, caused to your electronic equipment and the data stored on it, or for the consequences that may arise from this on your personal or professional activity.
It is therefore your responsibility to take all appropriate measures to protect your electronic equipment and the data stored on your equipment from harm.
We disclaim all responsibility in the event of malfunctioning of the Internet network, telephone lines or reception equipment preventing access to the Application.
The Application may contain hyperlinks to third party websites that we do not control. These hyperlinks are referenced only. We are not responsible for the availability or content of the services offered on these sites, or for their privacy or data protection practices.
To the extent that we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services and that we do not endorse or approve of, and are not responsible or liable for, the content, accuracy, quality, advertising, products, services or other materials available on or through such services.
You further acknowledge and agree that we shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through the Services.
The Application may contain Content created by Users or third parties (together referred to as "Third Party Content"), including comments, opinions, information. We are not responsible for such Third Party Content, and we do not necessarily share the opinions expressed by such content publishers.
Third Party Content is the sole responsibility of such third parties and its accuracy and integrity cannot be guaranteed. You acknowledge that by providing you with the ability to view and distribute Content through the Application, we do not accept any obligation or liability in connection with such Third Party Content.
DELIV4U and its directors, employees and shareholders assume no obligation to monitor inappropriate or illicit content on the Application, and assume no liability that may arise from the aforementioned third-party Content, for any reason whatsoever.
Notwithstanding the foregoing, we reserve the right to block or remove certain Third Party Content at any time.
7.9. With respect to third-party Content posted by Users (the "User Content"), Users are required to post only lawful Content that does not infringe, restrict or inhibit any rights.
With respect to your posting of User Content on the Application, you warrant that :
Thus, you agree not to :
By publishing User Content on the Application, you grant DELIV4U a right to use, reproduce and represent all or part of this User Content, free of charge, for the whole world, on all media, for the legal duration of protection of the intellectual property rights of this User Content, for the needs and promotion of the Application, in particular for advertising or commercial purposes.
The Application and its Content are protected by intellectual property rights, including copyrights and trademarks, which are our exclusive property and/or that of third parties or Users who have granted rights to this Content.
The Terms and Conditions shall not in any way be construed as transferring ownership of the Application or any element thereof or its Content to Users.
All rights relating to the Application which are not expressly granted to Users in application of the General Conditions and which are the property of DELIV4U, remain the full and exclusive property of DELIV4U.
DELIV4U reserves the right to process Users' personal data in accordance with the DELIV4U Privacy Policy, which can be accessed by following this link: https://deliv4u.fr/legal/partner/privacy-policy
DELIV4U reserves the right to make changes to the General Terms and Conditions and the Privacy Policy and, subject to obtaining the consent of the Users, to transfer the database for commercial purposes and direct prospecting to partners or subsidiaries. We undertake to inform Users of any changes to the General Conditions and the Privacy Policy.
As DELIV4U is neither a provider nor a broker of delivery services, we are not in a position to influence the quality of the Courier and Emergency Delivery Service. Any problem relating to the defects or the quality of the Courier and Emergency Delivery Service shall be resolved in accordance with the rules and regulations applicable to the Transport Professional.
We expect Users of the Application to use the Application in good faith and to respect the Transport Professionals, Courier and Emergency Delivery Service providers, offering their services via the Application.
DELIV4U undertakes to make reasonable efforts to ensure that only honest delivery agents, who respect the principles of their profession and their customers, use the DELIV4U application.
However, we cannot guarantee that all Courier Professionals located via the Application meet the above criteria at all times.
If you encounter any difficulties with an Order, please inform DELIV4U (link).
In the event of a dispute, the User may send a written complaint to DELIV4U in order to try to find an amicable solution to the dispute at the following e-mail address: link.
In accordance with Articles L. 611-1 et seq. and R. 612-1 et seq. of the Consumer Code, for any contractual dispute relating to the performance of a contract of sale or provision of services which could not be resolved by means of a complaint previously submitted to DELIV4U, the Consumer may have recourse to mediation free of charge.
He/she may contact the National Association of Mediators (ANM) either by mail by writing to 62, rue Tiquetonne - 75002 PARIS, or by e-mail by filling in the online referral form at the following address: https://www.anm-conso.com.
The User may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013 on the online settlement of consumer disputes of May 212013.
This Online Dispute Resolution (ODR) platform can be accessed via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
The User may also visit the website of the Ministry of the Economy, Finance and Recovery on consumer mediation in order to obtain all useful information in the event of a national or cross-border dispute: https://www.economie.gouv.fr/mediation-conso.
These Terms shall be exclusively governed by and construed in accordance with the laws of France, without regard to principles of conflict of laws or the United Nations Convention on Contracts for the International Sale of Goods of April 111980.
Any dispute relating to the existence, validity, interpretation, performance or termination of these Conditions shall be settled amicably in accordance with Article 11 hereof.
If the dispute arising from these Conditions cannot be settled amicably, this dispute will be brought before the competent French courts.
Date of entry into force: April 18, 2022
1App Store is a service mark of Apple Inc.