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GENERAL TERMS AND CONDITIONS OF SALE OF THE
Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the ‘GTCS’) apply, without restriction or reservation, to all sales that City Locker (the ‘Service Provider’) makes on the www.city-locker.com website to a buyer (the ‘Customer’) who wishes to obtain the services that the Service Provider offers for sale (the ‘Services’). In particular, the GTCS set out the terms and conditions governing orders, payment, delivery and, if applicable, the handling of returns of Services ordered by Customers.
The www.city-locker.com website is a pay-per-use site on which City-Locker offers an online luggage locker reservation service.
These General Terms and Conditions of Sale (GTCS) apply only to reservations that a Customer makes and pays for online on the site using the online reservation service.
Making a reservation on the www.city-locker.com site
* Prerequisites before registration of a reservation
By ticking the box provided for such purpose, the Customer accepts the GTCS fully and completely. If the GTCS are not accepted, it will be technically impossible to continue the reservation. By reserving one or more lockers on the site, the Customer implicitly acknowledges that he/she has obtained all information desired about the nature and features of this service.
The Customer must be at least 18 years old and have legal capacity to contract, and must use this site in accordance with the GTCS in effect on the date his/her reservation is confirmed. The Customer certifies the truthfulness and accuracy of all information he/she provides to City-Locker in connection with his/her reservation and, in this respect, shall hold City-Locker harmless from any third-party action or claim for illicit or fraudulent use of his/her data by another person in connection with the use of the Services.
* Contractual online reservation procedure
The Customer must complete online all required fields in the reservation form.
The Customer must verify or correct or modify or confirm the information provided, and must confirm or abandon his/her reservation.
The Customer must accept the GTCS of the City-Locker site without reservation.
The Customer must definitively confirm his/her reservation by completing and confirming the payment information for the means of payment selected. The secure means of payment possible are: credit cards: Visa/MasterCard (+2.50% for bank charges) and PayPal (+4.50% for bank charges).
The contract that the Customer thus concludes online on the City-Locker site is firm and final.
* Furnishing of codes for unlocking lockers
City-Locker will then send an email and/or SMS confirming the reservation, together with the codes necessary to use the locker(s) reserved on the site. This confirming email and/or SMS will be sent to the email address and mobile telephone number that the Customer enters in the reservation form.
* Change, transfer or cancellation of reservations
The Customer is responsible for the information provided and must verify its accuracy before definitively confirming his/her reservation. The Customer is hereby informed of the fact that reservations made on the site cannot be changed.
Reservations may not be changed or transferred, either to another person or to another City-Locker location.
* Withdrawal and refund
In accordance with the provisions of Article L.121-21-8 of the French Consumer Code (Code de la Consommation), the Customer is hereby informed that he/she does not have a right to withdraw from the transaction, which he/she expressly waives in light of the specificity of the service, and that the reservation is non-refundable, except upon the occurrence of a force majeure event.
* Force majeure event
A ‘force majeure’ event is an event as defined by the statutes in force, such as, for example, a natural disaster or a major political event (war, etc.) that, in light of its circumstances, is deemed to be unforeseeable, irresistible and external, and which makes performance of the contract impossible.
* Reservation codes
The reservation email and/or SMS that City-Locker sends with the reservation constitutes the reservation. No other document will be provided to the Customer.
* Financial terms
The Services are provided at the prices in effect, which are posted on the Service Provider’s website. Prices are expressed in euros, both excluding VAT and including VAT. These prices are firm and non-revisable during their entire period of validity, as specified on the website. However, outside such period of validity, the Service Provider reserves the right to change the prices at any time. Prices do not include administrative expenses, bank charges, or shipping, transport and delivery costs, which will be invoiced in addition, in accordance with the conditions specified on the website, and which will be calculated before the order is placed. The payment requested from the Customer will be equal to the total amount of the purchase, including such costs and charges.
If the price cannot be reasonably calculated in advance, the Service Provider undertakes to furnish the price calculation method and, if applicable, to specify additional transport, delivery or postage costs, as well as any other additional costs. If such costs cannot be reasonably calculated in advance, the Service Provider will inform the Customer that they may be owed, in accordance with the statutes in force.
Prices include VAT, at the rate applicable on the date of the reservation.
Payment for the reservation is made online with a credit card or the PayPal service over a secure payment system. The reservation request is considered final when the Customer has paid the total price for the reservation owed to City-Locker. If the payment is rejected – regardless of the reason – the reservation request will be purely and simply discontinued. City-Locker will not be liable and the reservation will not be registered.
The Customer acknowledges that the data that City-Locker records in connection with reservations made on the site constitute proof of the financial transaction.
Provision of the service
The Services that the Customer orders will be provided as from the final confirmation of the Customer’s order, in accordance with the requirements of these General Terms and Conditions of Sale, at the address of the location that the Customer chooses and indicates when he/she places his/her order on the website. After final confirmation of the order, the location and date can no longer be changed.
The Service Provider undertakes to use its best endeavours to provide the Services that the Customer orders within the time periods specified above.
If the services ordered are not provided within this time period after the indicative date specified above for any reason other than a force majeure event or a circumstance attributable to the Customer, the sale may be rescinded at the written request of the Customer, in accordance with the requirements prescribed in Articles L 138-2 and L 138-3 of the French Consumer Code. In such case, amounts paid by the Customer will be refunded to him/her no later than fourteen days after the date the contract is terminated, less any compensation or other amount that may be withheld.
General conditions and procedures for using and reserving the service
- Reservation of a maximum of 5 lockers/person/per day;
- Locations are open 8 am to 10 pm, seven days a week;
- Reservations can be made on the website 24 hours a day;
- It is possible to extend a reservation by making another reservation for a 24-hour period on the City-Locker site;
- It is possible to hire lockers for several consecutive days: contact us;
- Animals are forbidden in all lockers and/or on all premises;
- Locations are completely non-smoking;
- Access is limited to persons over the age of 18 or minors accompanied by an adult;
- No storage of perishable foodstuffs;
- The dimensions of the lockers are 47 cm (W) x 60 cm (H) x 84 cm (D); the maximum weight per locker is 30 kg.
The Customer is responsible for verifying the size and weight of his/her luggage before making a reservation on the site.
No claim or refund request will be accepted in the event luggage exceeds these dimensions and weight.
The Customer is also responsible for ensuring that:
- the door of the locker is securely closed before leaving the City-Locker location;
- his/her luggage is locked (codes, locks, etc.) and identified (a tag with the Customer’s name and contact telephone number);
- he/she has not left any valuables in his/her luggage, for which the Customer remains responsible and for which City-Locker declines all liability;
- there are no animals in his/her luggage;
- he/she has left nothing inside the locker when he/she leaves the City-Locker location for the last time.
The Customer is responsible for his/her luggage and its contents.
It is the Customer’s responsibility not to leave any identity documents or other documents necessary for travel in the locker. The Customer acknowledges having taken all precautions and measures necessary to ensure that he/she has not left any documents required for travel in the locker. Failing this, City-Locker shall in no event be liable for any negligence on the part of the Customer.
For security reasons, any item or luggage that is forgotten/found and not claimed will be destroyed after a certain time period.
Customers may enter and leave as many times as they wish between 8 am and 10 pm, provided they have a reservation in proper form.
If forwarding a forgotten item is requested, the Customer shall bear all costs thereof, which shall be payable in advance. The minimum fee is €25, plus shipping costs, which depend on the weight, destination and shipping method (ordinary post, UPS, etc.).
City-Locker will in no event be liable for luggage that is damaged/stolen during shipment or for any luggage that does not reach its destination.
Although all measures are taken to protect and secure locations, City-Locker SARL declines all liability in the event of theft, burglary or forgotten or damaged items.
City-Locker SARL will initiate all legal action it deems necessary in the event of misuse or damage to the facilities made available to its Customers.
City-Locker’s lockers are equipped with a system enabling verification that they been completely emptied.
Reservation hours and operating procedures
City-Locker locations are open from 8 am to 10 pm. Two hours before closing time, the Customer will receive an email/SMS reminding him/her that he/she must collect his/her property before 10 pm.
No items may be collected after 10 pm.
After 10 pm, and to collect his/her property – as from the next day – or to extend the reservation – provided there are lockers available – the Customer must visit the www.city-locker.com site to initiate the lock override procedure:
Any locker that has not been emptied by 8 am on the next day, for which the lock override procedure has not been carried out, and for which the reservation has not been extended will be emptied and the luggage will be stored in a secure dedicated space for a maximum period of five days. After this time period, the luggage[EE1] will be destroyed at the Customer’s expense.
The luggage will be returned in consideration for a payment of €50 for administrative and handling expenses, plus a storage fee of €25/day. City-Locker will set the time for such return.
If the owner does not contact City-Locker within five days, the luggage may be destroyed. City-Locker locations are in no event to be considered a reception area, such as a waiting lounge.
City-Locker will not be liable if the reservation is discontinued or not performed due to a force majeure event or circumstances attributable to the Customer, such as erroneously inputting required information. Furthermore, City-Locker will not be liable in the event of a third party’s fraudulent use of the Customer’s identity or means of payment.
At the time the reservation becomes final, at which time it is deemed a contract, the Customer is responsible for verifying that the information he/she has provided is accurate, in particular the country code + mobile telephone number and email address. City-Locker will not be liable for any consequences resulting from a temporary unavailability of the site or for any connection problems between the Customer’s equipment (computer, mobile telephone) and City-Locker’s site that may arise when a reservation is requested or confirmed.
No claim or refund request will be accepted if the Customer does not correctly complete the reservation form.
In accordance with the statutes and at no additional cost, the Service Provider warrants the Customer against any non-conformity or latent defect due to a flaw in the design or performance of Services ordered in accordance with the terms and conditions and following the procedures set out in the appendix to these General Terms and Conditions of Sale. To assert his/her rights, the Customer must inform the Service Provider, in writing, of the existence of defects or non-conformities promptly after the Services are provided.
The Service Provider will refund or (to the extent possible) will remedy, or have remedied, the services deemed defective as soon as possible after the Service Provider corroborates the non-conformity or defect. Refunds will be made by crediting the Customer’s bank account or by a bank cheque sent to the Customer.
The Service Provider’s warranty is limited to refunding the Services for which the Customer has actually paid, and the Service Provider cannot be considered to be liable or in default for any delay or non-performance due to the occurrence of a force majeure event ordinarily recognised as such by French court decisions.
The Services provided via the Service Provider’s website are in compliance with the laws and regulations in force in France. The Service Provider will not be liable in the event of non-compliance with the laws of the country in which the Services are provided, which the Customer, who has sole responsibility for the choice of Services requested, is responsible for verifying.
For any question concerning the service, a hotline is available from 8 am to 10 pm, at the number indicated on City-Locker’s website, to provide any information and/or assistance.
Force Majeure. With respect to all obligations of the Service Provider pursuant to these GTCS, provided there is no fault or negligence on its part, the Service Provider will not be liable for any delay or non-performance upon the occurrence of a force majeure event, as defined under the legal provisions in force.
Forbearance. The fact that either party forbears from asserting against the other party any breach of any obligation under these General Terms and Conditions of Sale shall not be deemed to be a waiver of the right to insist on compliance with the relevant obligation in the future.
Invalidity of a provision. In the event any provision of these General Terms and Conditions of Sale is invalidated, the entirety of the General Terms and Conditions of Sale will also be invalidated only if the provision at issue can be considered, in the minds of the signatories, as substantial and material, and if the invalidation of such provision calls into question the general equilibrium of these General Terms and Conditions of Sale. If any non-substantial provision of these General Terms and Conditions of Sale is invalidated, the parties shall endeavour to negotiate an economically equivalent clause.
These General Terms and Conditions of Sale are governed by and subject to French law.
They are drafted in French. In the event they are translated into one or more other foreign languages, only the French text will be binding in the event of a dispute.
The Customer is hereby informed that in the event of a dispute he/she is in all circumstances entitled to use any alternative dispute resolution method (for example, conciliation). Disputes that may arise with respect to the validity, interpretation, performance or non-performance of these General Terms and Conditions of Sale may, in particular, be submitted to a conciliation procedure between the parties.
Such procedure is confidential. If this procedure is chosen, a conciliator (a third party to these General Terms and Conditions of Sale) will be appointed jointly by the parties. The conciliation procedure will be carried out before a sole conciliator. In the event of a disagreement on the appointment of the conciliator, the parties’ respective counsel shall reach agreement on the appointment of a neutral conciliator in the best interests of each party. Conciliation shall be attempted in good faith and, in such spirit, the parties agree to meet at least once under the aegis of the conciliator. Unless the parties agree otherwise, conciliation shall not continue more than 1 (one) month after the matter is submitted to the conciliator. Each party will pay half of the costs and fees of conciliation. Each party will pay the costs and fees of any counsel it appoints in connection with the conciliation. The parties hereby agree that in the event a conciliation agreement is reached, such agreement will be drafted and signed by the Parties under the aegis of the conciliator, and will allow an amicable conclusion to the dispute submitted to the conciliator. If the legal action of a party is subject to a period of prescription that may expire during the conciliation procedure, such party may toll the period of prescription by any legal means in order to preserve its rights, thereby suspending the legal proceedings until the conclusion of the conciliation procedure.
If no solution can be found using an alternative dispute resolution method, the courts with jurisdiction pursuant to ordinary legal principles shall have exclusive jurisdiction over any dispute with respect to the validity, interpretation or performance of these General Terms and Conditions of Sale (or any of its clauses).
Pre-contractual information / Acceptance by the Customer
The Customer acknowledges that before he placed his/her order he/she was provided, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and with all of the information and details required by Articles L111-1 to L111-7 of the French Consumer Code, and in particular: (i) the essential features of the Service, in light of the communication medium used and the Service in question; (ii) the price of the Service and ancillary costs (for example, delivery); (iii) if the contract is not performed immediately, the date or time period by which the Service Provider undertakes to provide the Service; (iv) information concerning the identity of the Service Provider, its postal address, telephone number and electronic contact details, and information about its activities if they are not apparent from the context; (v) information about statutory and contractual warranties and the procedure for implementing them; (vi) the functionalities of electronic content and, if applicable, its interoperability; (vii) the possibility of using contractual mediation in the event of a dispute; (viii) information about the right of withdrawal (which is not applicable to this transaction), costs in connection with the return of products (which is not applicable in light of the nature of the Service), the termination procedure, and other important contractual provisions.
The fact that an individual (or legal entity) orders Services from the Service Provider is deemed full and complete agreement with and acceptance of these General Terms and Conditions of Sale, which the Customer expressly acknowledges. In particular, the Customer waives the right to assert any inconsistent document, which will not bind the Service Provider.
Personal data and Security
The www.city-locker.com website has been registered with the French Data Protection Authority (CNIL) under registration number 1407371 and is wholly owned by City-Locker SARL.
Strict security procedures with respect to the storage and disclosure of information provided have been put in place in order to prevent any unauthorised access.
Via www.city-locker.com, City-Locker SARL does not sell, market or lease to third parties information about its Customers.
The lockers are monitored using secure software that tracks in real time the activity and availability of lockers, and grants emergency access to security staff in the event of a problem or technical malfunction.
City-Locker locations are monitored by closed-circuit television 24 hours a day and the tapes are archived.
City-Locker holds all property rights attached to the site and its component elements, and holds all requisite licences. It holds all intellectual property rights and derivative rights attached to the concepts, editorial content, videos and software used and/or posted on the site. In general, none of the provisions of these General Terms and Conditions of Sale can be interpreted as expressly or impliedly conferring on the Customer any right whatsoever (pursuant to a licence or by any other means) to the names, trademarks, insignias, logos and other distinctive signs of City-Locker or to any other related right of City-Locker, in particular literary and artistic property rights.
Therefore, it is forbidden to reproduce, modify, transfer or use all or part of the site without City-Locker’s express written authorisation.
All questions about a reservation should be sent, by email, with acknowledgment of receipt, to firstname.lastname@example.org. With respect to any question or point not expressly mentioned, the Customer may also write City-Locker SARL.
In the event of a claim, the Customer should send a recorded delivery letter with acknowledgement of receipt, together with a copy of a currently valid identity document, to the following address: CITY-LOCKER SARL, 24 Rue Chapon, 75003 Paris.