Certain terms frequently used herein are defined below. Others are defined in the context of the presentation or a particular article.
In the articles that follow, where reference is made to :
- The Company: this will be SHIPOTSU,
- Carrier: this will be any natural or legal person, legally distinct and independent from SHIPOTSU but contractually bound to it. The Carrier is the holder of the capacity to transport passengers or the holder of the capacity to transport goods.
ARTICLE 1 – Scope of application
The present General Terms and Conditions of Sale (hereafter “GTS”) apply, without restriction or reservation, to any purchase of luggage and/or passenger transport services offered by SHIPOTSU to consumers and non-professional customers on its website www.shipotsu.com.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for the Services.
They may be supplemented by special conditions, set out on the website, prior to any transaction with the customer.
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the service provider’s computer system constitutes proof of all transactions concluded with the Client.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and completed by the RGPD (general regulations on data protection) which came into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, oppose, erase and make portable all of his personal data by writing, by post and providing proof of his identity, to the Company SHIPOTSU located at 11 rue Docteur Frappaz, 69100 VILLEURBANNE.
The Client declares that he has read these General Terms and Conditions of Sale and that he has accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure.
Validation of the order for Services by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Services offered on the www.shipotsu.com website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date the order is placed.
ARTICLE 2 – Orders
The Customer selects on the site the services he wishes to order, according to the following terms and conditions:
1 – The customer fills in the following information: Place of pick-up, Place of drop-off, date, time and choice of service.
2 – Then the customer chooses among the options available to him.
3 – The customer fills in the additional information requested, i.e.: Flight/Train number, specificities related to the luggage (fragile goods, special size, etc.), if necessary to have adapted equipment (child seat, etc.).
4 – The customer validates the order and proceeds to the payment with his credit card.
5 – Once the order has been validated, the customer automatically receives an invoice with the details of his reservation.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The registration of an order on the Service Provider’s website is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors.
The sale of Services will only be considered final after the Service Provider has sent the Client confirmation of acceptance of the order by e-mail and after the Service Provider has received the full amount of the deposit due.
Any order placed on the www.shipotsu.com website constitutes the formation of a contract concluded remotely between the Client and the Service Provider.
SHIPOTSU reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be modified.
Once confirmed and accepted by the Vendor, under the conditions described above, the order may be cancelled 24 hours before the start of the service, excluding the exercise of the right of withdrawal or force majeure.
ARTICLE 3 – Purpose
SHIPOTSU’s offers are intended for all types of travellers wishing to have their luggage transported and/or wishing to be transported to their place of destination without assuming the physical constraints, which the Customer acknowledges and confirms.
The Company SHIPOTSU undertakes through this service to take charge of the luggage of customers at the place indicated by the latter, when they wish and deliver it to the address of their choice.
Only luggage of standard dimensions at the rates offered by SHIPOTSU, i.e. cabin luggage (10kg – 110cm high) as well as overhead luggage (23kg not exceeding 180cm high) are accepted for transport within the framework of the Service offered by SHIPOTSU. A supplement will be applied in the event of handling non-standard luggage. Are excluded from SHIPOTSU’s offers, and cannot be taken in charge, luggage containing dangerous, illegal products or in bad condition.
The luggage is delivered to the place indicated by the customer on the website.
It is expressly agreed that the total value of each piece of luggage and its contents shall in no case exceed the sum of 10,000 euros. Consequently, the customer undertakes to check the value of each piece of luggage before handing it over to SHIPOTSU’s carriers.
The luggage must be provided with a label fixed in such a way that it cannot become detached during transport. It must legibly indicate the full name, first name, complete address and telephone number of the addressee.
Moreover, the label may not be placed in the luggage transported:
- valuable papers, cheques, payment cards and negotiable instruments, precious metals, jewellery, precious stones and pearls, identity papers and any other valuable object.
- dangerous goods, weapons of any category as well as the corresponding ammunition,
- live animals,
ARTICLE 4 – Provision of Services
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means.
If the Services ordered have not been provided on the scheduled date for any reason other than force majeure or the Client’s fault, the sale may be cancelled at the Client’s written request under the conditions set out in Articles L.216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The Service Provider is identified as follows:
- SHIPOTSU : “Shipotsu sas”,
- Corporate form: “S.A.S” with a capital of 5.000 €,
- Head office: 11 rue Docteur Frappaz, 69100 VILLEURBANNE
- Registration number: 842 614 182 LYON.
The provision of the Services may take place in any other place designated by the Client, subject to 24 hours’ notice at the latter’s exclusive expense.
Likewise, in the event of a specific request from the Client concerning the terms and conditions for the provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to a specific additional invoice at a later date.
In the absence of any reservations or claims expressly made by the Client upon receipt of the Services, they shall be deemed to be in accordance with the order, in terms of quantity and quality.
The Client will have 48 hours from the provision of the Services to submit such reservations or complaints in writing, with all the relevant supporting documents, to the Service Provider.
No claim will be validly accepted if the Client fails to comply with these formalities and deadlines.
The Service Provider will refund or rectify to the Client (to the extent possible) as soon as possible and at the Client’s expense, in accordance with the appropriate procedures agreed by the Client, the Services whose non-compliance has been duly proven by the Client.
ARTICLE 5 – Reservation and confirmation
The Client may reserve the service of his choice on SHIPOTSU’s website, or with SHIPOTSU’s partners. The online reservation does not necessarily require the creation of a customer account. To be admissible, the reservation must be made at least 16 hours before the requested pick-up time.
ARTICLE 6 – Prices and payment
The Services offered by the Service Provider are provided at the rates in force on the website www.shipotsu.com according to the estimate established by the Service Provider when the order is recorded by the Service Provider. The prices are expressed in Euros including all taxes.
The prices take into account any discounts that may be granted by the Service Provider under the conditions specified on the website www.shipotsu.com. These prices are firm, definitive and non-revisable during their period of validity, as indicated on the website www.shipotsu.com. The Service Provider reserves the right to modify the prices at any time during this period of validity.
They do not include processing and management fees, which are invoiced in addition, under the conditions indicated on the website www.shipotsu.com and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
For bookings made online on the SHIPOTSU website, payment is made at the time of booking and only by credit card. For reservations made with SHIPOTSU’s partners, the Customer may either pay directly on SHIPOTSU’s website or possibly on a partner website conventionally linked to SHIPOTSU, depending on the method chosen by the latter.
An invoice is established by the Service Provider and given to the Client when the Services ordered are provided.
SHIPOTSU’s prices apply within the limit of one (1) piece of luggage per Client. Beyond this limit, each additional piece of luggage of the Client will be invoiced at the price of 10 €, within the limit of 10 pieces of luggage per reservation. Beyond that, the services will be invoiced according to the estimate established by SHIPOTSU, upon the Customer’s request.
In the event of a delay by the customer for unforeseeable and irresistible reasons, in particular related to the organisation and operation of transport such as air and train (among others, delayed departure, delayed arrival, etc.), the carrier will bear a 30-minute wait starting from the conventionally accepted pick-up time, during which the customer will not be subject to penalties. Beyond these 30 minutes, or in the event that the customer’s delay is not attributable to unforeseeable and irresistible causes, the customer will be subject to penalties of 1 euro per minute.
ARTICLE 7 – Cancellation and modification of the reservation
Any cancellation of a reservation by the Client must be made no later than 24 hours before the pick-up time. Beyond that time, no refund will be made by SHIPOTSU.
Any request to modify the reservation, such as a change of schedule or the addition of additional luggage, must be sent to SHIPOTSU no later than 24 hours before the pick-up time. Failing this, the modification cannot be guaranteed. Modification requests can be made by email at firstname.lastname@example.org or by calling SHIPOTSU’s customer service department at 09 72 17 43 34. Any modification of the reservation may give rise to an additional invoice.
ARTICLE 8 – Obligations of the Client
The Customer undertakes to give SHIPOTSU exact information concerning the pick-up addresses and place of delivery, pick-up times, number of luggage, etc. The Customer must provide SHIPOTSU with all the information required for the delivery. SHIPOTSU cannot be held liable if it has not been able to implement the service reserved by the Customer due to the incorrect information transmitted. The Customer undertakes to be present at the pick-up time indicated at the time of his/her reservation unless the Customer chooses the “carousel pick-up” solution where a customs declaration will be signed on his/her behalf at the time of reservation. Otherwise, additional waiting fees will be charged. For the “Transport” and “Transfer” offers, the Customer undertakes that the Hotel where he is staying and of which he undertakes to be a customer, accepts the delivery by SHIPOTSU and the storage of his luggage until his arrival or, if the place is other than the Hotel, to mention a recipient person or himself. The Customer also undertakes to inform SHIPOTSU by any means of any valuable object found in his luggage. Failing this, in the event of an incident, the Customer’s compensation will be limited and will not be equal to the value of the said objects.
ARTICLE 9 – Execution of services
SHIPOTSU’s offers are available 24/7. At the time of pick-up, the driver checks that the number of luggage presented by the Customer corresponds to the number indicated at the time of booking. He places a seal on each piece of luggage to ensure its security and traceability. SHIPOTSU cannot be held responsible in case of a delay in the collection or delivery of luggage caused by a case of force majeure or by the Customer’s actions.
ARTICLE 10 – Limitation clause of reparation
In the event of non-performance by the company of any one of the obligations provided for in these general conditions, whatever the cause, the prejudice that would result for the customer could never be repaired beyond the maximum amount of the amount of the service desired.
ARTICLE 11 – Intellectual property rights
All technical documents, products, drawings, photographs, etc. given to the Client and relating to SHIPOTSU remain the exclusive property of SHIPOTSU, the sole holder of the intellectual property rights on these documents, and must be returned to the Client upon request. The Client agrees not to make any use of these documents that could infringe SHIPOTSU’s intellectual property rights, and agrees not to disclose them to any third party.
Similarly, the content of the www.shipotsu.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
ARTICLE 12 – Right of retraction
Given the nature of the services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 13 – Protection of personal data
In application of Law 78-17 of 6 January 1978, modified by Law n°2018-493 of 20 June 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
These data may be communicated to any partners of the Vendor in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the “Indicate website” website complies with legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of processing with regard to the information concerning him/her.
This right may be exercised under the conditions and in accordance with the terms and conditions defined on the website “Indicate website”.
ARTICLE 14 – Unpredictability
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
ARTICLE 15 – Force majeure
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 – Applicable law – Language
The present General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 17 – Disputes
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. Consom. Art. L.612-1)) or with the existing sector-based mediation bodies, whose references appear on the website “Indicate the website”, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 18 – Pre-contractual information – Acceptance by the Customer
The Customer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the Consumer Code, and in particular the following information:
- the essential characteristics of the Services, taking into account the medium of communication used and the Service concerned; – the essential characteristics of the Services, taking into account the medium of communication used and the Service concerned; – the essential characteristics of the Services, taking into account the medium of communication used and the Service concerned
- the price of the Services and related costs (delivery, for example);
- in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to provide the Services ordered;
- information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- information relating to legal and contractual guarantees and their terms and conditions of implementation ;
- the functionalities of digital content and, where appropriate, its interoperability ;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on the right of withdrawal (existence, conditions, time limit, modalities for exercising this right and standard withdrawal form), modalities of termination and other important contractual conditions.
- the means of payment accepted.
The fact for a natural person (or legal entity) to order on the website “Indicate the website” implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Services ordered, which is expressly recognised by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.
SAS with a capital of 5,000 €.
Head Office: 11, rue Docteur Frappaz, 69100 Villeurbanne, France
842,614,182 RCS Lyon