General Cnditions use web applications and service

These general conditions apply to services offered by the site " Colibri-delivery.com " and its mobile applications.

Colibri is a set of web applications , consisting of a website and mobile applications, organizing the delivery of light parcels ( up to 30kg ).

In accordance with Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of applications Colibri identity of the various stakeholders as part of its implementation and monitoring:

  • Website owner: Colibri SAS, 70 rue Cortambert , 75116 Paris, SIRET n ° 812 183 283 00017 , e-mail contact : contact [ AT] colibri-delivery.com
  • Accommodation: OVH

Herein,

  • " Colibri " means the company responsible for the service object of these Conditions
  • "Site" means the colibri-delivery.com website , its mobile applications , and more generally any website edited or co- edited by Colibri or taking any site with Colibri authorization information published on the website above and offering similar services.
  • " Driver " means the natural person who undertakes to carry out , on behalf of Colibri, with his personal vehicle a transport operation he performs under his responsibility.
  • "Client " means the company which controls a carriage service to Colibri
  • "User" means the driver or client using the Site
  • " Package " refers to an object or a material composed of several objects together , constituting a unit load , a total actual weight of 30 kg maximum , upon delivery to the driver ( bin, cage , crate, cardboard , etc.) conditioned by the Customer or a logistics provider .
  • " Shipment" means all the characteristics of the delivery of a package
  • " Shipper " means the person at which the removal of the package is made.
  • " Receiver " means the person receiving the package.
  • " Good Delivery " or " BL " means the document summarizing all the information on the package and dispatch and for bringing any reservations and to acknowledge receipt of the package in there signed by the Driver and Receiver
  • "Transport fees " means the list of shipments for several customers during the same trip by a driver
  • "Compensation " means the sum paid in consideration of the driver or deliveries made during a trip on behalf of Colibri Guest
  • "User Account " means clustering the account to be created to access the services offert by the Site.
  • "Terms " means these Terms and Conditions .

Use of the Site is subject to acceptance of these Terms . At the time of the creation of the User Account , Users must click on the box "I accept the Terms and Conditions of the site and the proposed service "

Only the acceptance of these Terms allows users to access services offered by the Site . The acceptance of these Terms is whole and form an indivisible whole, and users can choose to see applied only part of the TOS or make reservations.

By accepting the Terms , the User accepts in particular Article UGC regarding the " Personal Data of Users" .

In case of breach of an obligation under hereby Colibri reserves the right to delete user account in question. This is especially so when a driver is involved in a professional capacity .

Colibri reserves the right to change the TOS at any time , the features offered on the site or the operating rules of the Service.

The change will take effect immediately upon posting of UGC that any User acknowledges having previously consulted .

When the change occurs after the validation of a shipment, the amendment does not apply to current delivery.

Colibri specifically reserves the right to offer new services, free or paid on the Site.

In case of non -compliance by the User of all or part of the Terms , the User acknowledges and agrees that Colibri can at any time without notice , suspend or discontinue, temporarily or permanently , all or part the Service or access to the website (including in particular user account) for non -compliance with the TOS or any objective reason .

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Colibri does not guarantee that services can operate continuously , without interruption or error . In particular, their operation may be momentarily interrupted for maintenance , updates or technical improvements , or to change the content and / or presentation.

General provisions

Pursuant to Law No. 78-17 of 6 January 1978 amended by Act No. 2004-801 of 6 August 2004 relating to data , files and freedoms, Colibri proceeded with the National Commission Informatique et des Libertés (CNIL) to the statement of the treatment it operates on the personal data about the user , according to the simplified standard No. 48 ( CNIL deliberation n ° 2005-112 of 7 June 2005 on the establishment a simplified standard for automated processing of personal data relating to the file management of customers and prospects - OJ No. 149 of 28 June 2005).

The controller of your data is Colibri . In accordance with the simplified standard No. 48, have only access to your personal information managers, employees and service providers Colibri , whose job is to operate the site or render the service.

Colibri does not guarantee that services can operate continuously , without interruption or error . In particular, their operation may be momentarily interrupted for maintenance , updates or technical improvements , or to change the content and / or presentation.

Data shown as mandatory in the form to become a User of the site and the service require an exact answer from you . Any reply or response considered abnormal by Colibri is likely to result in the denial of Colibri to consider the application for registration to the service.

The data collected by Colibri as part of the services provided on the Site are treated in accordance with the simplified standard No. 48 and the law "and Freedoms " of 6 August 2004 .

Transmission of personal data to third parties

In accordance with the simplified standard No. 48, Colibri reserves the right to pass on all or part of the personal data of users in strict accordance with the simplified standard No. 48 and the law "and Freedoms " of 6 August 2004.

Any use of personal data other than that mentioned above will be subject to an individual prior and explicit on the part of users .

In accordance with Law No. 78-17 of 6 January 1978 , Hummingbird will seek the agreement of all users for transmission of its data to business partners for direct marketing via a checkbox .

Right of access, rectification and opposition

In accordance with Law No. 78-17 of 6 January 1978, the User has the right to access and correct personal data concerning him, by contacting the webmaster of the site , except for personal data User gave Colibri when it completed the online application form and that it is the only user to edit and update, as stated in Article VII.4 "Updating of personal data" .

In accordance with Law No. 78-17 of 6 January 1978 , the User has the right to object free of charge and free of charge that his personal data being used for marketing purposes , including commercial , by Colibri or by its trading partners. If the right of opposition is exercised for this reason directly from Hummingbird, the latter undertakes to pass this opposition to its contractual partners to whom it might have transmitted personal data .

In accordance with Law No. 78-17 of 6 January 1978 , Hummingbird is committed to ensuring that personal data about the user , even those sent to potential business partners , are not transmitted outside the European Union, except to collect the consent of the user 's express consent to that effect .

In accordance with Law No. 78-17 of 6 January 1978 , Hummingbird reserves the right to transmit personal information about the user or to comply with a legal obligation or pursuant to a judicial, administrative , or an independent administrative authority ( such as the National Commission for Computing and Liberties ) .

update personal data

The User shall ensure , as necessary, updating their personal data . The user further undertakes that personal data is accurate, complete and unambiguous . The user can access at any time , using the site 's password and login to his User Account containing all the personal data that the user has provided Colibri .

Security of personal data

In accordance with Law No. 78-17 of 6 January 1978 , Hummingbird is committed to taking the necessary safeguards , in view of the nature of the data and the risks presented by the processing to preserve personal data concerning the User Security and in particular prevent personal data from being distorted, damaged , or that unauthorized parties have access.

Site hosting

The site host mentioned in section "Scope and Definitions" acts as subcontractor of Colibri, within the meaning of Law No. 78-17 of 6 January 1978, only upon written instruction of Colibri, and does not have the right to use the personal data of users to which it may have access , except for enforcement of hosting technical services and database management and only the contractual terms signed between the host and Colibri who may not derogate from this article.

location data

To track shipments, Colibri uses a mobile app , available by mobile operating system , which collects geolocation data . This geolocation service needs personal data of users for its implementation .

To provide location-based services and improve location-based products and services, Colibri may collect, use and share precise location data , real-time smartphone and / or devices with geolocation system .

By using the geolocation service , the User agrees that Colibri transmits , collects, stores, processes and uses data and queries regarding the location to provide and improve the product (s) (s) and service (s ) based on thereof.

The User may withdraw consent at any time by going to the Location Services setting on their device or to disable the global setting for location services is to disable Colibri in particular. Turning off location features only affects geo -dependent functions of the Smartphone device and / or device with geolocation system.

The colibri-delivery.com site is the property of Colibri SAS . Any reproduction is subject to the prior written consent of Colibri SAS . Any hyperlink directed to a page other than the site's home page is subject to the prior written consent of Colibri SAS .

The Site visitor agrees not reproduce any of the materials on the Site . Any contrary use of all or part of the Site or any of its elements constitutes an infringement may result in civil and / or criminal and subject the violator to visitor recalled sentences.

Colibri is not responsible for the content entered on the Site by Users. However, once it has been brought to the attention of Hummingbird content that would violate rights of third parties , Hummingbird will do everything possible to remove without delay the contentious content of the Site .

By accepting these Terms , the User agrees that the information provided at time of registration will be published on the site Colibri .

Colibri reserves the right to reproduce the information on shipments to other sites published or co- published by Colibri or published by third parties on partner websites .

To register and use the service offered online by Colibri, each user must first create a Customer Account , providing personal data , essential for the proper functioning of the service ( including company name, address , e-mail , and Phone Number).

Hummingbird will in no event be liable for any information that might be faulty or fraudulent provided by Users.

The Customer undertakes not to create or use other accounts that initially created , either under its own identity or that of third parties. Any exception to this rule will be subject to an explicit request of the Customer and expressly and specifically authorized Colibri . The fact of creating or using new accounts under his own identity or that of third parties without having sought and obtained authorization from Colibri may result in immediate suspension of the account of the Customer and all related services .

To register and use the service offered online by Colibri, each user must first create a driver account , providing personal data , essential for the proper functioning of the service ( including name, address and valid address ) .

Hummingbird will in no event be liable for any information that might be faulty or fraudulent provided by Users.

The driver commits to not create or use other accounts that initially created , either under its own identity or that of third parties. Any exception to this rule will be subject to an explicit request from the driver and a specific express authorization of Colibri . The fact of creating or using new accounts under his own identity or that of third parties without having sought and obtained authorization from Colibri may result in immediate suspension of the account of the driver and all associated services .

The platform connects a client who placed an order and a driver having proposed a route or have been contacted by Colibri to place an order .

If a driver is required to make a delivery on behalf of Colibri simultaneously with a carpooling or delivery of goods or documents to a competitor service operation , it is up to him to ensure that he is not in achieving profit situation because of an accumulation of compensation during the same trip .

The driver must scan the QR code will have the parcel, and supported by the information in the QR code will be sent to the Receiver as a code that will validate receipt of the parcel , with mention of possible reserves Receiver share .

In the absence of the Receiver , the driver contact the Receiver by telephone to arrange a new passage later in the limit of the possibilities of the carrier. In case of further absence of even a temporary appointed Receiver , the package will be deposited in a point of a relay network identified parcel on the Site.

Once the delivery made and validated by the Receiver , the driver must as soon as possible to change the status of sending " Out for Delivery " to " Delivered " on the website or via mobile Colibri . The use of the mobile application to automate this task.

Hummingbird will retain the name of the driver , for 3 years , a copy of BL .

If requested by an official supervisory authority , the Bill of transport each delivery is available online in the driver 's space.

Compensation for the driver depends on the taxable weight of each shipment and the kilometer distance provided upon acceptance of the shipment. The formula is established so that even with a trunk full of parcels on behalf of Colibri, the total compensation meets the mileage scale fixed by the French tax authorities .

The amount of compensation for the Driver is set to Driver by bank transfer or check , depending on the preference indicated by the driver in his account within 10 days of the end of the month of delivery of the shipment .

There is an irrebuttable presumption that amounts that have not been paid driver for reasons beyond the control of Colibri (eg incorrect bank details and uncorrected despite a request from Colibri ) it is acquired by the end of a period of one year .

The driver agrees to be insured under the legislation in force for the vehicle and for personal liability , and to check beforehand to the achievement of sending the full validity of his insurance. It also undertakes to be in possession of a driving license in force.

As Commissioner for Transport , Colibri is provided as collateral for the financial consequences of the damage and material losses during transport activity which he organized .

Legitimate reasons of warranty exclusion are:

  • Offending behavior of the driver ( driving dangerous , Especially Because of the speed limit conduire , gold Inappropriate )
  • obviously deliberate degradation of transported parcels or lack the minimum care that can be expected in handling them
  • The communication by the driver or the Customer of incorrect information
  • The cancellation of the shipment by the driver or the Customer
Management of disputes between Users

ority is given to consultation .

Prescription

Any claim against Colibri relationship with these lapses within one year.

Applicable law - Jurisdiction

All disputes , litigation or disputes concerning the interpretation or execution of these Conditions of Sale shall be within the exclusive jurisdiction of the courts of the headquarters of Colibri .

These Conditions of Use are in force since 01.11.2015 .