General terms and conditions of sale of Relais Colis
The website www.relaiscolis.com (hereinafter referred to as the "Website") is published by RELAIS COLIS, a simplified joint stock company with capital of 5,333,625 euros, whose registered office is located at ZA EUROPARC - Immeuble LE TRIPODE - 41, Rue Charles-Edouard Le Corbusier - 94046 Créteil Cedex, registered with the Créteil Trade and Companies Register under number 785 792 433 (hereinafter referred to as "RELAIS COLIS").
1. Purpose and application of the professional general terms and conditions of sale of RELAIS COLIS in the context of its business relationship with "Vinted"
The purpose of these general terms and conditions of sale (hereinafter referred to as the "GTC") is to govern the relationship between RELAIS COLIS, acting as a freight forwarder, and the users of the "Vinted platform" through the site "www.vinted.fr", identified as follows "Vinted UAB, a company registered in Lithuania under number 302767152 whose registered address is at Zirmunu st. 70-701 Vilnius LT-09124, LITHUANIA" (hereinafter referred to as "Vinted").
The GTC apply strictly to the transport and delivery services provided by RELAIS COLIS (hereinafter referred to as the "Services") whenever users of Vinted select RELAIS COLIS as the carrier.
Sellers or shippers and buyers or recipients - collectively the "Users" - of the "Vinted platform" undertake to comply with these GTC in the event that the latter select RELAIS COLIS as the carrier of their parcel and have a transport label or the QR Code intended to deposit their parcel in the "Relais Colis®" network.
Each time RELAIS COLIS is selected during a sale of an item paid for by the buyer, the sender must affix to his parcel the transport label or the QR Code RELAIS COLIS sent by e-mail by Vinted at the end of the sale.
The sender must then deposit the parcel with the transport label or the QR Code in a point called "Relais Colis®" of deposit, so that the recipient can recover the parcel in a point called "Relais Colis®" of destination.
Any parcel deposited at a point called the "Relais Colis®" drop-off point is handled by RELAIS COLIS for transport to a point called the "Relais Colis®" of destination (hereinafter referred to as the "RELAIS COLIS Transport Service").
These GTC are subject to the provisions of Law N°2004-575 of 21 June 2004 and Ordinance N°2005-674 of 16 June 2005.
These GTC define the rights and obligations of RELAIS COLIS, acting as a freight forwarder, as well as the rights and obligations of the shippers/consignees within the framework of the Transport Services provided by RELAIS COLIS.
The consignor and the consignee acknowledge and accept these GTC.
Only senders and/or recipients who have previously provided the personal data required for identification and who have previously accepted these GTC may benefit from the Services offered by RELAIS COLIS.
The GTC may only be waived by a special written and signed agreement between RELAIS COLIS and the sender and/or recipient.
The present GTC shall prevail over all other general terms and conditions of sale of RELAIS COLIS subject to their application in accordance with the present object.
Access to the Site may be refused to any sender and/or recipient who does not comply with these GTC in their entirety.
In order to be able to deposit or retrieve a parcel, you must be at least 18 years old, be capable of entering into a contract in the legal sense of the term and be financially responsible.
These GTC are subject to change at any time by RELAIS COLIS. It is the responsibility of each sender and/or recipient to consult them regularly. It is specified that the GTCs updated online shall be deemed authentic and shall take precedence over all previous versions.
The Services provided by RELAIS COLIS imply full and complete acceptance of these GTC without reserve and without conditions, as well as compliance with the laws and regulations in force in France.
2. Behaviour of senders and/or recipients
Any sender and/or recipient undertakes to :
- To communicate only truthful information and not to use illicit data ;
- Not to usurp the identity of third parties in particular by using their password or by any other means;
- Not to collect data concerning third parties;
- Not to harass any user or RELAIS COLIS® or points Relais Colis® points, whatever its quality;
- To keep strictly confidential the password created when registering on the Site and not to communicate it to any third party under any circumstances.
3. Parcels and products accepted in the Relais Colis® network
Any sender and/or recipient undertakes to comply with the following conditions.
3.1 Elements concerning the weight and dimensions of the packages:
- Weight (including packaging and contents): parcels delivered to a point known as Relais Colis® must under no circumstances exceed 20 kg.
- Maximum dimensions: the development (height + length + width) of the package must not exceed 170 cm and the largest dimension must not exceed 130 cm.
3.2 Elements concerning the packaging of packages:
Packages must be packed in such a way as not to deteriorate during the various sorting and transport operations.
In particular, the packages must be able to withstand mechanised sorting.
The consignor must use a closed, sufficient and strong packaging capable of protecting the contents of the package. Failing this, the consignor alone shall insure the risks and perils of the package.
RELAIS COLIS may suspend the processing of a package, refuse it or return it to the sender, in the event that the package does not comply with the packaging provisions. Neither the sender nor the recipient of the package concerned may in this case claim a refund of the price of the Service. The fact that RELAIS COLIS did not make any reservations when taking charge of the parcel does not deprive RELAIS COLIS of the right to invoke non-compliance with these provisions at a later date.
Good packaging practices for parcels are available on the page https://www.relaiscolis.com/envoi under the heading " Comment préparer mon colis ?».
3.3 Elements concerning the goods transported:
Any goods subject to national, European and international regulations on dangerous goods, dangerous goods classified by the ADR ("agreement for dangerous goods by road"), classes 1 to 9 such as, in particular and not exhaustively, explosives, ammunition, gases, flammable, radioactive, toxic or corrosive materials as well as all objects which, by their nature or their packaging, may present a danger to the human environment, the safety of transport equipment, the environment, vehicles or damage other packages transported, are prohibited from being sent.
All soiled goods, articles that are contrary to labour law, and/or which by their nature or their packaging may injure RELAIS COLIS employees or damage RELAIS COLIS equipment are prohibited from being sent.
In addition, the sender and/or the recipient undertakes not to entrust RELAIS COLIS with parcels whose packaging contains insults, threats or statements contrary to public order or morality or damaging to the image of RELAIS COLIS.
Computers, laptops, mobile phones, goods travelling under ATA (Admission Temporaire/Temporary Admission) permit, including exhibition goods, antiques, shares, banknotes, vouchers, etc., are excluded from the shipment, without this list being exhaustive, bank cards and any magnetic, electronic or optical medium for payment or transfer of funds, gift cards and coupons, cheques, currency, bonds, restaurant vouchers, securities and valuables of any kind, consignments containing human ashes or funerary relics, live or dead animals, category A-B-C-D weapons, tobacco, cigarettes and cigars, narcotics, counterfeit products, publications or audio-visual media prohibited by law, motorcycles and scooters, liquid products, foodstuffs, perishable or not and/or requiring transport under controlled temperature, as well as documents and samples whose market or conventional value is not commensurate with their intrinsic value, identity papers, passports, tender response files, pre-qualification files, examination papers.
Specific exclusions:
1) Intentional, fraudulent or inexcusable misconduct
2) Incorrect indications or instructions given to RELAIS COLIS
3) The absence, insufficiency or unsuitability of: the preparation, packing or packaging of the goods
4) Shopping, accommodation and all other expenses other than those listed above.
(5) Fines, forfeiture, sequestration, requisition, blockade violation, smuggling, seizure for conservatory purposes, seizure for execution or other seizures, the Insurer also remaining a stranger to the bond that may be provided to release the goods entrusted to the Services from such seizures.
(6) Products liable to explosion, heat release, irradiation or any other source of nuclear energy as a result of a change in the atomic nucleus structure or radioactivity, as well as any radiation effects caused by artificial particle acceleration, in their use or exploitation, whether civilian or military.
(7) Torpedoes, mines and all other devices of war.
The sender and/or recipient acknowledges that this list of prohibited products is subject to change, therefore, the list of prohibited products mentioned above will be updated and up to date and may be consulted at any time on https://www.relaiscolis.com/produits-interdits-dangereux.
4. Execution of the RELAIS COLIS Transport Service
RELAIS COLIS is the inventor of the system for distributing parcels to predefined points called " Relais Colis® ".
RELAIS COLIS provides the transport service when a sender and/or recipient calls upon the services of RELAIS COLIS through the Vinted website "www.vinted.fr".
The sender and/or recipient acknowledges that the delivery conditions, in particular the costs and lead times, differ according to the delivery destination, the delivery method chosen, and the weight and size of the parcel.
The shipping label or the QR Code will only be available after full payment has been made for the Services.
The order of the transport label or the QR Code will be sent to the sender by email once the buyer has proceeded to the payment of the item.
It is specified that the transport label or the QR Code will correspond to the carrier assigned to the transport service previously selected by the sender and/or the recipient.
The performance of the Services by RELAIS COLIS may only be carried out on condition that the sender and/or the recipient has previously selected and then confirmed that he has entrusted the performance of the Transport Service to RELAIS COLIS.
RELAIS COLIS will perform the Services on condition that the sender has deposited his parcel in a point called "Relais Colis®" and assigned to the service, which is the subject hereof.
The sender has a period of five (5) working days to deposit the parcel in a point called "Relais Colis®" and assigned to the RELAIS COLIS transport service.
If a parcel is dropped off at a point called "Relais Colis®" (Relais Colis®) assigned to the provision of RELAIS COLIS Transport Service, the sender must sign the merchant's electronic tool - called a PDA - in order to provide proof of drop-off.
Otherwise, in the event of loss or theft of the parcel, RELAIS COLIS will not be able to trace the parcel and no compensation will be paid.
5. Modification and cancellation of an order by the sender and/or the recipient
In case of cancellation of the order by the shipper and/or the buyer, the shipping label or the QR Code will be cancelled automatically.
Once the parcel has been deposited in a Relais Colis® point, no order cancellation can take place.
In the event of cancellation of the order by the sender and/or the recipient, RELAIS COLIS® will not make any refund. Only Vinted will be authorized to make a possible refund of the order.
6. Transport and delivery of the parcel by RELAIS COLIS
The RELAIS COLIS Service can only be carried out once a parcel has been deposited at a point called "Relais Colis®".
The delivery times sent to the sender and/or the recipient are purely indicative and estimated. These delivery times may fluctuate according to various criteria at the time of delivery of the parcel concerned, without delivery times exceeding a period of thirty (30) working days, in accordance with current French regulations.
The delivery time is taken into account from the date on which a scanned parcel is deposited at a point called "Relais Colis®", i.e. the first time the parcel is scanned by RELAIS COLIS attesting that it has been taken care of.
It is specified that delivery times are counted in working days and excluding Mondays, Tuesdays, the day after public holidays, public holidays and Sundays.
The RELAIS COLIS transport service is provided from Tuesday to Saturday, subject to the aforementioned exclusions.
As soon as a parcel is dropped off at a point called "Relais Colis®":
- The sender will receive an electronic notification by Vinted via the Vinted courier service informing him of the taking charge of his parcel by RELAIS COLIS®.
- A message will also be sent containing a tracking link for the parcel.
- The recipient will receive an electronic notification informing him of the availability of his parcel at the point named "Relais Colis®" of destination selected at the time of the order on the Vinted website "www.vinted.fr".
In the event of an unscheduled closure of a point called "Relais Colis®", the parcel will be sent to a point called "Relais Colis®" closest to the one initially selected.
The recipient will receive an e-mail informing him/her of the new location where the parcel will be made available.
The recipient has a period of ten (10) working days to collect or refuse the parcel at the "Relais Colis®" point of destination.
On the eleventh (11th) day, in the event that the parcel has not been collected by the recipient, the parcel is returned to the original "Relais Colis®" point when the sender deposits the said parcel.
As soon as the parcel arrives at the original "Relais Colis®" point, the sender will receive an e-mail informing him/her of the availability of the parcel at the "Relais Colis®" point concerned.
If the "Relais Colis®" point in question is closed unexpectedly, the parcel will be sent to the nearest "Relais Colis®" point. The sender will then receive an e-mail informing him/her of the new location where the parcel will be made available.
The sender will in turn have ten (10) working days in which to collect the parcel.
On the eleventh (11th) day, in the event that the parcel has not been collected by the sender, it will be sent to the RELAIS COLIS sorting centre.
Beyond a period of one (1) month from the arrival of the parcel in the RELAIS COLIS sorting centre, the parcel will be deemed to belong to RELAIS COLIS, which will be free to dispose of it. This provision is only applicable to parcels that were returned to the sender to the initial drop-off point and not collected by the sender in ten (10) working days.
In all cases, the sender and/or the recipient will have to respect the following rules, i.e. make sure:
- That the dimensions and weight of the parcel comply with the requirements of RELAIS COLIS. If this is not the case, particularly in the event of an error in the weight and/or dimensions of the package, RELAIS COLIS may refuse to transport and deliver the package concerned. The package may also be blocked.
- That the contents of the package comply with the recommendations and prohibitions provided for in these GTC and ensure that the packaging is suitable for the contents.
In the event of failure to comply with the packaging rules and prohibitions mentioned above, RELAIS COLIS may, at its sole discretion, refuse to take charge of the package concerned, or, proceed with the destruction of the package.
- That the personal data be complete, accurate and real.
If RELAIS COLIS cannot execute the Service, notably because of erroneous personal data, the Transport Service cannot be provided by RELAIS COLIS and the sender and/or the recipient cannot claim any compensation from RELAIS COLIS.
In order to recover the parcel, the recipient must be accompanied by a valid identity document or a dated and signed power of attorney and the valid identity card of the authorised person.
The recipient acknowledges that the "Relais Colis®" point of destination may record the number of the identity document of the recipient of the package whenever necessary, particularly for security reasons and/or in the event of proven doubt as to the identity of the recipient of the package presenting himself for the receipt of the package. In all cases, RELAIS COLIS undertakes to comply with the rules of confidentiality and conservation of personal data within the legal deadlines, in accordance with the French regulations in force and in particular in accordance with the GDPR.
7. Obligations of the sender and/or recipient
The sender and/or recipient is responsible for any damage that he may cause to third parties and/or to RELAIS COLIS as a result of a parcel.
The sender and/or the recipient is responsible for the information he communicates and ensures that this information will allow the delivery of the parcel.
The sender and/or recipient must respect the restrictions and the list of prohibited products within the Relais Colis® network.
The sender and/or the recipient shall refrain from reusing the same packing slip or QR Code.
The sender and/or recipient may be held liable if the information entered proves to be erroneous or false and does not allow the Transport Service to be carried out by RELAIS COLIS. The personal data received electronically by RELAIS COLIS shall constitute proof for RELAIS COLIS.
8. Right of withdrawal
Pursuant to Article L.221-28 of the French Consumer Code, all Services offered by RELAIS COLIS are not subject to the right of withdrawal provided for in Article L.221-18 of the French Consumer Code with regard to distance selling.
9. Claims
Any complaint concerning the Services provided by RELAIS COLIS must be addressed directly to Vinted, in particular through its website "www.vinted.fr".
No complaint will be taken into account via the contact form on the RELAIS COLIS website.
10. Responsibility of RELAIS COLIS
The responsibility of RELAIS COLIS can only be engaged by Vinted for any fact resulting from a loss of traceability or in case of damage of the parcel within the framework of the RELAIS COLIS transport service and according to distinct conditions previously negotiated between RELAIS COLIS and Vinted.
Neither the sender nor the recipient will be able to claim damages or compensation of any kind from RELAIS COLIS insofar as they will be able to claim compensation from Vinted within the framework of the present Terms and Conditions.
Only Vinted will be in a position to compensate the senders and/or recipients for facts calling into question the responsibility of RELAIS COLIS within the framework of the RELAIS COLIS Transport Service, object of the present contract.
11. Continuity of IT service
RELAIS COLIS does not guarantee the permanent availability and continuity of the service offered by the Site and shall not be held liable in this respect. Nevertheless, RELAIS COLIS undertakes to use all necessary means to guarantee the reliability and confidentiality of the data on the Site, without this undertaking constituting an obligation of result.
Similarly, RELAIS COLIS may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, as well as in the event of the occurrence of an event of force majeure within the meaning of the French regulations in force, but also in the event of non-compliance by the sender and/or the recipient with the conditions for the deposit or withdrawal of parcels, or in the event of non-compliance with the stipulations of these GTC.
12. Processing of personal data
In accordance with Law n°2004-801 of 6 August 2004, Law relating to the protection of individuals with regard to the processing of personal data and modifying Law n°78-17 of 6 January 1978 relating to data processing, files and liberties, the Site has been the subject of a declaration of automated processing of nominative data to the CNIL (receipt n° 2002595).
In accordance with Regulation (EU) n°2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR"), RELAIS COLIS acts as a Subcontractor within the framework of its Services, which is the subject of these GTC.
As a Subcontractor within the meaning of the GDPR, personal data is processed exclusively within the strict framework of the execution of the Services carried out by RELAIS COLIS.
All personal data transmitted in particular through order forms will be processed by RELAIS COLIS in a fair and lawful manner, and this, in compliance with consumer rights according to the French regulations in force.
All the information requested, indicated by an asterisk, is obligatory. They are necessary for data processing in the context of the execution of the Services.
RELAIS COLIS may be led to transmit offers or those of its commercial partners only in the event that the sender and/or the recipient has previously given its clear and explicit consent, either when creating their customer account or when ordering.
Any sender and/or recipient using the RELAIS COLIS Services has the right to exercise a right of access, rectification and deletion, limitation of processing, portability, and opposition to the processing of his personal data in compliance with the French regulations in force and in particular the data retention periods.
The exercise of these rights must be done in compliance with the conditions set forth in Articles 38 to 40 of Law No. 78-17 of January 6, 1978 and Articles 15 to 21 of the GDPR through a request made directly on: "protectiondesdonnees@relaiscolis.com ".
13. Cookies
RELAIS COLIS may store files called "cookies" on the hard disk of the sender and/or recipient.
In all cases, the retention period of this information does not exceed one year, in accordance with current French regulations.
The data relating to navigation on the Site enables statistics to be generated in order to know in particular which pages are most and least consulted as well as the variations in the rate of frequentation. This data is not used by name.
Exhaustive information on the characteristics of cookies is available at the following address: https://www.relaiscolis.com/cookie.
14. Protection of intellectual property rights and copyrights
The Site constitutes a work protected by intellectual property rights.
The sender and the recipient can only claim a right to view its content in a private setting. The Site and the information contained therein are intended for strictly personal use and may not be reproduced, communicated to third parties, used in whole or in part, for commercial or non-commercial purposes, or used to create derivative works.
Thus, any reproduction, representation, publication, transmission or more generally any exploitation without prior authorization is strictly prohibited.
15. Jurisdiction and Applicable Law
The interpretation and execution of these G are subject to French law and to the exclusive jurisdiction of the competent courts of Créteil (94).
In accordance with the current provisions of the Consumer Code, an amicable settlement of disputes is a prior legal requirement before any action before the competent French courts. In this respect, for any dispute arising from the performance of the RELAIS COLIS Services, each sender and/or recipient must contact Vinted directly, in particular through its Internet site "www.vinted.fr".
In the absence of an amicable settlement of a dispute arising from the provision of the RELAIS COLIS Services, each sender and/or recipient must contact Vinted directly, in particular through its website "www.vinted.fr".
In all other cases, in the event of a dispute, whatever its nature or purpose, this dispute must be brought before the competent courts of Créteil (94).