Article 1 – Purpose of the General Terms and Conditions – General presentation of the “Colisnet” service
The company
OCEAN’S
, a simplified joint stock company (SAS) with capital of 5,000
euros, having its registered office at Résidence de la Brise, 18 route Bleue, 13620 Carry-le-Rouet
and whose unique identification number is 850 771 924 RCS Aix-en-Provence (the “Company” or
“OCEAN’S”) has developed a digital platform for digital intermediation services for the transport of
goods and more specifically a digital freight exchange within the meaning of 4°) of Article L3261-1
of the Transport Code. These T&Cs apply to all Users for all services offered by the Company who
declare that they are offered under these T&Cs via the Sites https://www.colisnet.net/ and
https://app.colisnet.net/ and in particular:
The Company provides a remote intermediation service by electronic means (the “Colisnet Service”),
between:
-> Loader Customers
-> And Service Providers
Having a character that is separable from the Transport Service itself (the “Goods Transport
Mission”), insofar as this intermediation only aims to facilitate, possibly by means of additional
services of research, comparison, reservation, communication, monitoring and/or payment, the
conclusion of contracts relating to future Transport Missions without selecting the Service Provider
retained by the Shipper Client, nor exercising any decisive influence on the essential conditions of
the Transport Services, their execution or their price. The Company specializes in:
– the connection between Loading Clients who supply goods to be transported (hereinafter “Loaded
Goods”) and Service Providers [Goods Carriers and/or Transport Brokers] who transport goods, with a
view to carrying out a Goods Transport Mission;
– The Company also offers Shipper Customers the opportunity to compare and reserve the Services
requested through the Site.
– The Company also offers Service Providers [Freight Carriers and/or Freight Forwarders] a digital
interface to present and offer their Services and Service Offers to other Users and/or Subscribers
of the Site, in particular Shipper Customers. The Site is developed under the brand name “Colisnet”.
The “Colisnet” Site is limited to simply establishing contact on its Site. The Company does not
intervene in the formation, execution and/or termination of the transport contract and/or transport
commission contract following the establishment of contact on the Site for the performance of a
Freight Transport Mission and its liability may not be incurred in this regard in any way. The
Company is a third party to any agreement that may be concluded between Users and/or Subscribers.
The purpose of the Site is a networking tool. The Company therefore does not guarantee either the
execution or the quality of the result of the execution of the Goods Transport Mission between Users
and/or Subscribers.
For any Service Provider [Carriers of Goods or Transport Brokers], access to the Colisnet Service
will be subject to the following four conditions:
– the prior written consent of the Company;
– Provide proof of the identity of the Service Provider;
– prove that the company’s main activity is the transport of goods, transit and/or logistics;
– prove that the company has the appropriate licenses.
For any Shipper Customer, access to the Colisnet Service will be subject to the following two
conditions:
– Provide proof of the identity of the Customer Charger;
– Validate the Customer Charger’s registration file by the Company.
The purpose of these General Conditions of Service (the “GCS”) is to define the conditions of use of
the Colisnet Service offered by the Company, via its IT intermediation platform between:
– (i) the Transport Brokers (the “Brokers”) or their personnel registered as Personal Users “User”,
– (ii) the Freight Carriers (the “Freight Carriers”) or their personnel registered as Personal Users
“User”,
– and (iii) the Shipper Clients (the “Shippers”) or their personnel registered as Personal Users
“User”, the Service Providers [Carriers of Goods and/or Transport Brokers] and the Shipper Clients
are together called the “Subscribers”.
Article 2 – Conditions of operation of the Site and the Colisnet Service
2.1 Acceptance of the General Conditions of Services
Acceptance of these General Terms and Conditions is materialized
by a checkbox when registering for a User Account. This acceptance is full and complete. This
procedure is equivalent to full and complete acceptance of these General Terms and Conditions of
Services "GTC", the General Terms and Conditions of Use "GCU" and all general conditions, including
all modifications and/or subsequent versions established by the Company. The Company reserves the
right to modify the GTC at any time. These modifications will be brought to the attention of Users
by any means before the changes come into force, who must accept them by checking the relevant box.
In the event of refusal, the User will no longer be able to
access the Colisnet Service, their subscription will be suspended as well as their User Account
until acceptance of the new T&Cs. If the User continues to use our Services after the
publication or sending of a notice concerning the modifications that we have made to these
conditions, this means that they accept the updated conditions from their effective date. No
membership may be made subject to reservation, and would be considered null and void.
The User who does not agree to be bound by these General Terms
and Conditions will not be able to use the Colisnet Services of the Site. No special conditions or
other general conditions emanating from a Service Provider or a Shipper Customer may, except with
the prior formal and written acceptance of the Company, prevail over these General Terms and
Conditions for the Colisnet Services. Users and/or Subscribers acknowledge that these General Terms
and Conditions prevail over their own special or general conditions of purchase, sale or service.
The Company reserves the right to modify the Colisnet Services
and/or these T&Cs, including any Colisnet Service Fees and Colisnet Subscription Fees at any
time; in this case, the modification of the T&Cs is made directly on the Site, and updated with
a last update date indicated at the top of these T&Cs. Access to and use of the Site and/or the
Colisnet Services after publication with an update date of the T&Cs on the Site, implies
acceptance, without reservation, of said modified T&Cs.
2.2 Subscription to the Colisnet Service – Financial conditions
Regarding Shipper Customers:
Shipper Customers can use the Colisnet Service free of charge within certain limits:
-> Use only 1 User Account
-> “User” personnel per Charger Client;
-> Enter their Service Orders directly on the Colisnet platform.
If any of these limits is exceeded, the Shipper Customer must enter into a “Premium Shipper
Customer” access and subscription contract for the Colisnet Service, for a duration chosen when
subscribing (monthly subscription or 12-month annual subscription).
The subscription contract will take effect on the date of
validation of the subscription by the Company.
Regarding the Providers:
Providers may use the Colisnet Service free of charge subject to certain limits:
-> Use 2 Personal User Accounts “User” per Service Provider
-> Edit and enter Service Offers directly on the Colisnet platform. If any of these limits are
exceeded, the Goods Carrier must conclude a “Premium Carrier” access and subscription contract to
the Colisnet Service, for a duration chosen when subscribing (monthly subscription or 12-month
annual subscription).
The subscription contract will take effect on the date of
validation of the subscription by the Company. The subscription pricing conditions (hereinafter
"Subscription Fees") are indicated on the Site in the "Subscriptions" section. Payments are made by
credit card, bank transfer or direct debit. The amounts are invoiced in Euros excluding tax, to
which VAT is added.
In the event of non-compliance by the Shipper Customer or the Service Provider with its payment
obligation, the Company may interrupt access to the Colisnet Service within seven (7) days following
receipt of a formal notice sent by email. In the absence of regularization of the situation within
fifteen (15) days following receipt of this formal notice, the Company may terminate the
subscription contract. In accordance with the provisions of the French Commercial Code, any amount
due that is not paid on the due date is automatically increased by late payment penalties of an
amount equal to 3 times the legal interest rate and a fixed compensation of 40 euros for recovery
costs.
In all cases, the Company reserves the right to permanently or
temporarily suspend access to the Colisnet Service in the event of non-payment. Final validation of
the subscription is carried out within fifteen (15) days of receipt of payment, subject to the
communication to the Company of all required documents, authorizations and information. The Company
reserves the right not to follow up on a request for registration or subscription to a subscription
if the documents and information proving its identity, existence or the exercise of its professional
activity are missing, incomplete or falsified. It is specified that each User of the Colisnet
Service may ask another User for direct access to the list of information and documents provided to
the Company, allowing to verify its skills and professional qualifications.
Each User and/or Subscriber will personally undertake any additional verification that they deem
useful to control the quality, competence or even the capacity of their co-contractor, in particular
and without this list being exhaustive, within the framework of a transport contract for a
significant value, dangerous goods, oversized transport, waste, animals, special transport or even
for transport contracts relating to goods presenting significant stakes.
2.3 Eligibility of Candidate Freight Transport Providers on the Site
The Site and the Colisnet Services offered by the Company are intended only for professional freight
transport service providers, regularly registered in the register of transporters of the Regional
Directorate for the Environment, Planning and Housing (DREAL) (or equivalent organization abroad) on
which their head office depends and holders of sufficient licenses, and specific authorizations and
insurance (civil liability, fleet and goods) that may be necessary.
. The Goods Transport Service Provider applying for the “Goods
Transport” or “Transport Broker” role must, in addition to completing the mandatory fields, upload
the documents providing proof that it is regularly registered in the register of transporters by
providing a copy of the Community license or the domestic transport license, or another operating
title, as well as any documents that may be requested by the Company.
In the absence of communication of these elements, the candidate Goods Transport Service Provider
"Goods Transport" or "Transport Broker" will not be able to submit a Service Offer or respond to
Service Orders submitted by a Shipper Customer. Any access or use of the Site or Colisnet Services
by a "Goods Transport" or "Transport Broker" Service Provider, who is not a professional or not
regularly registered, authorized to carry out such activities in his country of establishment, is
formally prohibited.
By accessing and/or using the Site and/or the Colisnet Services,
the “Goods Carrier” or “Transport Broker” Service Provider incurs professional civil liability
and/or criminal liability.
2.4 Eligibility of applications from Shipper Customers on the Site
The Site and the Colisnet Services offered by the Company are intended only for professional Shipper
Customers, regularly registered with the National Register of Companies (or equivalent organization
abroad) on which their head office depends and holders of specific authorizations and insurance
(civil liability and goods) possibly necessary to market the goods internationally. The Shipper
Customer candidate "Exporter" or "Importer" must, in addition to completing the mandatory fields,
upload all documents that may be requested by the Company. If these elements are not communicated,
the Shipper Customer candidate "Exporter" or "Importer" will not be able to submit a Service Order.
Any access or use of the Site or the Colisnet Services by a Shipper Customer, who is not a
professional or not regularly registered, authorized to carry out such activities in his country of
establishment, is strictly prohibited. By accessing and/or using the Site and/or the Colisnet
Services, the Shipper Customer assumes liability.
2.5 Use of the account and mandatory updating of data
Each User is strictly prohibited from creating or using a User
Account other than the one initially created when registering on the Site, whether under their own
identity or that of a third party, and is strictly prohibited from transferring their User Account
to anyone.
Each User may access the Site, at any time, using their password and identifier, to their User
Account containing all the Personal Data provided when registering on the Site; each User undertakes
to ensure that their data is accurate, complete and unequivocal and ensures, as necessary, that
their data is updated. Users must comply, at all times when using the Colisnet Service, with the
information communicated to the Company and the identities communicated on the Site.
The Company reserves the right not to follow up on a User's
registration request if the documents and information justifying the professional and regular
activity of the Users, in particular the Goods Transport Service Provider, Transport Broker Service
Provider or Shipper Client are missing, incomplete or falsified. Access to the Colisnet Service is
carried out via an online registration on the Site associated with the sending of the necessary
supporting documents. These supporting documents can be sent to the Company by direct download on
the Site or by e-mail to the following address: contact@colisnet.net
Users must be previously validated by the Site and the Company as User members before being able to
put their Service Orders or Service Offers online.
The final validation of the registration of a Goods Transport Service Provider or a Transport Broker
Service Provider is carried out by the Company as soon as the documents presented demonstrate that
the User and/or Subscriber exercises their main activity in the field of transport or transport
organization, and subject to presentation of the required registration supporting documents.
Any User and/or Subscriber whose membership application has been accepted receives confirmation of
their registration by email. They can then access the Colisnet Service to which they subscribed when
registering using the username and password they chose during the registration process.
The User is fully responsible for the use of his/her identifier and his/her personal and
confidential password. In the event of loss or theft of this, he/she can immediately obtain a new
personal and confidential password by clicking on "forgotten password" in his/her "identification"
space.
Every User has access to a messaging service that allows you to send messages and share information.
The information and content that you share or publish may be seen, copied and used by other Users,
Subscribers or third parties (in particular outside the Colisnet Services). The Company has no
obligation to publish information or content on the Site and/or the Colisnet Service.
The Company may remove any information or content with or without
notice.
2.6 Suspension, cancellation and termination of the User Account
Any User Account for which inaccurate information and/or behavior
contrary to these General Terms and Conditions is noted may be closed, temporarily or permanently,
by the Company.
The Company also reserves the right to refuse, suspend or remove at its discretion access to its
Colisnet Services in the event of suspicion of fraud, unfair competition or misuse of the Colisnet
Service and more generally in the event of non-compliance with contractual obligations.
Users guarantee the Company against any damage, prejudice or condemnation suffered by another User,
another Subscriber, the Company or another third party, due to non-compliant use of the Site in
violation of these General Terms and Conditions. In the event that access to the Colisnet Service is
removed due to a fault or contractual breach by the User, the balance of the remaining installments
will be due in full to the Company.
2.7 Subscribers’ Service Order, Subscribers’ Service Offer, Acceptance by Subscribers and Confirmation
of the Order via the Site
Personal Users benefit from the same Colisnet Services as the Subscribing company of which they are
employees.
The Shipper Customer Subscribers submit a Service Order on the Site by completing the mandatory
fields. The Service Orders that can be submitted on the Site are as follows:
– a Goods Transport Service Order. Service Provider Subscribers submit one or more Service Offers on
the Site by completing the mandatory fields or by uploading a price list in CSV format.
The Service Offers that may be posted on the Site are as follows:
– either an Offer of Transport Service,
– or an Offer of Services related to Transport. The Site only records and distributes Offers of
Services and Orders of Services. Orders of Services may be freely accepted or refused by the Service
Provider Subscribers. Offers of Services may be freely chosen and assigned by the Shipper Customer
Subscribers.
Accessibility:
The rules of accessibility to the Service Offers are as follows:
– Price List submission service: this service, accessible 7 days a week and 24 hours a day, allows
Subscribers to submit online Service Price Lists on the Site which will be consulted by Shipper
Customers;
– Service Offer submission service: this service, accessible 7 days a week and 24 hours a day,
allows Subscribers to submit Service Offers online on the Site which will be consulted by Shipper
Customers;
The rules for accessibility to Service Orders are as follows:
– Service Order submission service: this service, accessible 7 days a week and 24 hours a day,
allows Subscribers to submit Service Orders online on the Site which will be consulted by Service
Providers;
The services, conditions, prices, rates and all other fees, costs, etc. (in particular the setting
of the amount and the terms and conditions of payment) inherent in the acceptance of a Service Offer
are proposed by the Service Provider and validated by the Shipper Client, without the intervention
of the Company.
The same applies to all the conditions and terms of conclusion
and execution of existing contractual relations between Subscribers following the use of the
Colisnet Service. Once published, a Service Offer is disseminated on the Site for the period of
validity defined by the Service Provider. The Company cannot be held responsible for any losses,
damages or disputes related to:
(i) to the cancellation of a Service by a Subscriber and more generally
(ii) the conclusion, execution and termination of Goods Transport Mission contracts or any other
contract concluded by Subscribers. It is specified that Subscribers may cancel their Service Offers
or Service Orders at any time and remove them from the Site. However, repeated and abusive
cancellations by Subscribers may result in exclusion from the Site and deletion of the User Account
and/or Subscriber Account.
Article 3 – Insurance of goods
The Company assumes no responsibility for the insurance of goods transported by a Service Provider
in the name and on behalf of a Shipper Customer.
Article 4 – General obligations common to Users
Users and/or Subscribers who have contracted a Goods Transport Mission through the Site undertake to
keep each other informed at all times to the extent necessary of the execution of the Service. In
accordance with their reporting obligations, Loading Customers are solely and exclusively
responsible for the nature and detailed description of the Loaded Goods for which they wish to
entrust the organization of transport or the Service.
They therefore certify:
– The legality and absence of counterfeiting of their Loaded Goods.
– The good condition, insurance, safety and legal conformity of the Loaded Goods. The shipment must
not constitute a cause of danger for people and for other goods transported as well as for the
vehicles, equipment or means of transport used.
Users are solely responsible for the Service Orders made on the
Site. Once the Goods Transport Mission has been validated and contracted by the Shipper Client and
the Service Provider on the Site using the Colisnet Services, the Service Provider must perform the
agreed Service under the conditions described in the Service Order placed on the Site or in
subsequent agreements concluded between the Subscribers outside the Site. Once the Goods Transport
Mission has been accepted, the Service Provider undertakes to perform the Service with the means and
under the conditions agreed with the Shipper Client.
The Service Provider undertakes to provide proof of execution or
delivery of the Goods Transport Mission within 24 hours of execution or delivery. In the event of
loss of proof of delivery, the Service Provider must contact the Shipper Customer with whom it has
contracted to obtain a copy of the latter. In the event of a problem, the Shipper Customer or the
Service Provider must contact customer service as quickly as possible via the following address:
contact@colisnet.net
Payment of the service:
The Service Provider invoices the Transport Mission to the
Shipper Client. The invoice is communicated by the Service Provider to the Shipper Client through
the Site. Payment of the invoice is made directly between the Service Provider and the Shipper
Client.
Solvency:
Users and/or Subscribers guarantee that they are solvent,
undertake to pay the Colisnet Service Fees and/or the Subscription Fees to the Company for its
Colisnet connection Service.
Cancellation or Dispute:
In case of:
– failure to deliver the Loaded Goods to the Goods Transport Service Provider under the conditions
agreed between the Loading Client and the Service Provider,
– Cancellation of the Goods Transport Mission by one of the Subscribers,
– And/or dispute between Subscribers, Users must resolve the situation between themselves and inform
the Company and the Site within 24 hours of the event. The Company’s Colisnet Service Fees will
still be charged in order to cover the costs incurred by the Company.
Compliance with regulations:
Users undertake to comply with the regulations applicable to
them. The User declares that, regardless of the country in which they have their registered office,
they are always in compliance with the competent authorities regarding the exercise of their
regulated activities.
Unfair competition:
Furthermore, Users also refrain from any act of unfair
competition with respect to the Company. As such, they undertake to use the Site and the Colisnet
Services for their needs, in a fair and good faith manner, in strict compliance with the T&Cs
and GTCs. This excludes in particular allowing access to the Colisnet Services to natural or legal
persons other than those identified during registration.
Article 5 – General obligations of the Shipper Customer Instruction of the Shipper Customer:
The Loading Client is required to give the necessary and precise
instructions to the Service Provider on the Site so that the Service Provider can, where applicable,
correctly carry out the mission(s) that will be requested:
– Goods Transport Services; – Services related to the transport of goods;
– Transit and/or Customs Services,
– and/or the additional Services which will be requested.
In this respect, the Customer Charger must provide all information, provide the necessary documents
and complete any request for information from the Company or the Service Provider.
In addition to the information and documents required by the
Company for any Service Order, the Shipper Client must provide any additional instructions on:
– transport,
– the Loaded Goods,
– and/or any request for special equipment, particularly in the case of special transport.
All specific delivery instructions must be the subject of a written and repeated instruction for
each Service Order and must be transmitted in advance to the Service Provider via the Site, for its
express prior acceptance.
Terms and conditions of the contract:
It is expressly provided that all the terms and conditions of the
Goods Transport Service Contract or the Goods Transport Mission concluded between the Users and/or
between the Subscribers are determined between them.
Interdiction :
The Shipper Client is prohibited from publishing a Service Order
relating to the transport of goods that are illegal or prohibited by current national, European and
international regulations and legislation.
Article 6 – General obligations of the Service Provider
The Service Provider undertakes to update all information provided when registering on the Site. The
Service Provider undertakes to hold all authorizations and training required for the transport
carried out. The Service Provider ensures that its equipment is in good working order and complies
with current standards.
The Service Provider also undertakes not to transport illicit or counterfeit products in its
vehicle, in accordance with the national, European and international regulations and legislation in
force. The Service Provider domiciled outside French territory who practices cabotage undertakes to
comply with the regulations in force in this area and in particular the provisions of Articles L
3421-3 et seq. of the Transport Code. The Company reserves the right to suspend or delete the User
Account of a Service Provider convicted following the violation of the applicable regulations
regarding the transport of goods.
The obligations of the Provider under the performance of the Service will be determined by and
between:
– on the one hand the Service Provider,
– and on the other hand the Charger Customer. It is expressly provided that all the terms and
conditions of the Service Contract concluded between the Users and/or between the Subscribers are
determined between them.
Article 7 – User Responsibility
Users are solely responsible for the content they distribute within the framework of the Colisnet
Services, Service Order and Service Offer on the Site and undertake to ensure that all of this
information provided is lawful and does not infringe on public order, morality or the rights of
third parties, does not infringe any legislative or regulatory provision, and more generally, is in
no way likely to call into question the civil or criminal liability of the Company.
The User is therefore prohibited from distributing, in particular and without this list being
exhaustive:
– infringing content,
– content that is false, misleading or offers or promotes illicit, fraudulent or misleading
activities,
– content that is detrimental to the image of a User or a third party,
– content harmful to the computer systems of the Site, Users and third parties (viruses, etc.),
– and more generally content likely to infringe the rights of Users or third parties or to be
prejudicial to third parties, in any manner and in any form whatsoever.
The User account will contain all the information that the User wishes to make accessible to other
Users of the Site. This information, once published on the Site, will be accessible to any User.
Quality of the achievement:
Furthermore, the Company does not guarantee the quality of the performance of the Service by Users
and/or Subscribers. Its role being limited to the establishment of connections, its liability cannot
be sought on this point or in the event of poor performance of the Service agreed by a User and/or a
Subscriber. The User can consult the Profile of each User and/or Subscriber. It is recalled that the
User has the choice between the Service Offers, the Services and the Service Providers and that the
final choice belongs to him, it being specified that the User is free not to select any Service
Provider. The User can select from the Service Providers who respond to his Service Order, the one
he chooses to fulfill the Goods Transport Mission.
Contractualization between Service Provider and Shipper Client:
In the event of an agreement between the Shipper Client and the Service Provider, they may contact
each other directly and outside the Platform to conclude their agreements. It is recalled that the
Company is a third party to the agreement concluded between the Users. Users and/or Subscribers are
free to determine together the content of the agreement they plan to conclude as well as to
negotiate the rate of the Goods Transport Mission. The Company advises Users and/or Subscribers to
formalize their agreement by signing a contract and recommends seeking advice from any competent
professional for the drafting of the contract.
Evaluation of the Service:
Users and/or Subscribers can assess whether the booking and
monitoring of the Service is carried out by the Colisnet Service made available by the Company. The
comments and the rating given to the Service Provider or the Shipper Customer will be displayed on
the latter's Profile. Consequently, Subscribers are required to moderate and undertake to be as
objective as possible. The Company reserves the right to delete any comment that is contrary to the
T&Cs, T&Cs or the Privacy Policy.
Article 8 – Obligations and liability of the Company
Compliance with legal obligations:
As part of the exercise of its activity as an operator of a
digital intermediation platform for public road transport of goods, the Company must comply with the
legal obligations provided for in Articles L.3261-1 et seq. of the Transport Code.
The Company shall communicate to the competent administrative authority, at its request, any
evidence likely to establish compliance with the legal obligations in force.
The Company reserves the right to verify all documents provided by Users, in particular Goods
Transport Providers and Transport Brokers (in particular, but not limited to: transport license,
conditions of honorability, professional capacity and financial capacity, registration in the
national electronic register of transporters, professional civil liability insurance, compliance
with social obligations, etc.) when validating the registration, when publishing the User and/or
Subscriber Profile and/or when publishing their Service Offer on the Site.
When the information transmitted by Users is ambiguous or incomplete, the Company reserves the right
to request additional clarification from the latter before publishing the User Profile, the
Subscriber Profile and/or the Service Offer on the Site.
For the record, here are the documents that the User must provide for transport in France:
-> CERTIFICATE OF VIGILANCE (6 MONTHS) -> KBIS (LESS THAN 3 MONTHS)
-> LIST OF NAMES OF FOREIGN EMPLOYEES SUBJECT TO WORK PERMIT
-> REGISTRATION IN THE REGISTER OF COMMISSIONERS IF APPLICABLE
-> DOMESTIC OR COMMUNITY TRANSPORT LICENSE FOR GOODS
-> IDENTITY DOCUMENTS OF THE LEGAL REPRESENTATIVE -> TRANSPORT LIABILITY INSURANCE CERTIFICATE
-> VEHICLE FLEET INSURANCE CERTIFICATE
-> CERTIFICATE OF INSURANCE FOR GOODS TAKEN IF APPLICABLE
-> IBAN
-> DECLARATION OF BENEFICIAL OWNERS
For the record, here are the documents that the User must provide for transport outside France:
-> CERTIFICATE OF VIGILANCE (6 MONTHS) -> KBIS (LESS THAN 3 MONTHS)
-> REGISTRATION IN THE REGISTER OF COMMISSIONERS IF DUE
-> COMMUNITY GOODS TRANSPORT LICENSE
-> IDENTITY DOCUMENTS OF THE LEGAL REPRESENTATIVE
-> ATTESTATION D’ASSURANCE RC TRANSPORT
-> VEHICLE FLEET INSURANCE CERTIFICATE
-> CERTIFICATE OF INSURANCE FOR GOODS TAKEN IF APPLICABLE
-> IBAN
-> DECLARATION OF BENEFICIAL OWNERS
-> “MACRON LAW” POSTING CERTIFICATE
-> FORM A1
Obligation of means:
The Company undertakes to provide all its expertise to ensure the proper technical functioning of
its Site and its Colisnet connection Service, within the limits of its obligation of means. The
Company reserves the right to interrupt the Site and therefore access to the Colisnet Service during
the period(s) it deems necessary to carry out maintenance or improvement operations. Except in
emergencies, Users will be informed in advance of these periods of interruption;
these may not in any case engage, in any capacity whatsoever, the
responsibility of the Company.
The Company, responsible for an intermediary and networking mission, is bound by an obligation of
means, and cannot be held responsible for the proper execution of the contracts that it has enabled
to be concluded.
Limitation of liability: Furthermore, and without this list being exhaustive, it is provided that
the Company cannot be held liable for damages of any nature resulting from:
– Use of the Colisnet Service by the User or by a third party in conditions that do not comply with
the purpose of said Colisnet Service or the provisions of these General Terms and Conditions,
– Unavailability of the Internet network at the User’s premises, – Events whose origin results from
an event occurring at the User’s premises beyond the system interface,
– Cuts or any other problems occurring on the networks or equipment of Internet access providers,
– Input errors made by Users, incorrect or incomplete transmission of information or data, their
loss, their non-delivery or their incomplete delivery by Users,
– Loss of commercial data, loss of earnings or any other damage resulting from inappropriate use of
the Colisnet Service, whether these facts are intentional or accidental.
The User remains solely responsible for the use he will make of the Colisnet Service and in
particular for the direct or indirect consequences of the contracts he could conclude with
third-party Users and/or Subscribers. He is also responsible for any damage he could cause to the
Company and to the Users and/or Subscribers due to the illicit use or exploitation of the Site
itself or one of its components. The User benefits from a free chat with a response within 48 hours
or can communicate by electronic mail to the following address: contact@colisnet.net
In the event of proven fault by the User, the Company's liability may only be incurred for direct
and specific damages suffered by the User resulting from a breach of its contractual obligations as
defined herein and will be limited in any event to the maximum amount of the subscription paid over
a calendar year by the Subscribers or failing that €1,000 per event and per year.
Article 9 – Colisnet Service Fees and Payment – Transport Mission Rates
9.1 Service Fee
The Service rates are freely set by the Service Providers and
freely negotiated between the Service Provider and the Shipper Customer.
9.2 Colisnet Service Fees
The Company invoices the Service Provider for a service fee
“Colisnet Service Fee” when the service is ordered by the Shipper Customer and validated by the
Goods Transport Service Provider through the Colisnet platform. Upon expiry of a period of five (5)
calendar days following the date of validation of the Service Order by the Service Provider, the
Company will send the Service Provider the invoice for the Colisnet Service Fee.
The Colisnet Service Fees amount to: -> 5% for Services not related to e-commerce transactions,
-> 15% for Services related to e-commerce transactions, of the amount invoiced excluding tax by
the Service Provider to the Shipper Customer. The Colisnet Service Fees are paid by the Service
Provider.
The Service Provider expressly agrees to receive the Company's
invoices electronically. 9.3 Payment of the Transport Mission by the Shipper Client Payment for the
Service is made directly between the Shipper Client and the Service Provider. The Company, as
administrator of the Colisnet platform, does not manage payments. This means that the Company is not
legally responsible for them.
The Payment Method and Payment Deadlines are agreed directly between the Shipper Client and the
Service Provider.
The Payment Methods for the Freight Transport Mission can be:
->payment by bank transfer;
-> payment by direct debit;
-> cash payment;
-> electronic payment.
The Payment Deadlines for the Goods Transport Mission are:
-> immediate payment: upon validation of the Service Order;
-> payment on delivery: after the end of the Goods Transport Mission;
-> payment in due date: 30 days after the invoice date.
The Loading Customer must:
-> choose a payment method;
-> make the payment and keep the proof as proof of payment;
-> declare the payment on the Colisnet platform, in the “Add a payment” section and attach the
“Proof of payment” document.
The Service Provider must:
-> check the payment of the Goods Transport Mission; ->
and validate the payment on the “Payment Verification” section. After the payment validation by
the Service Provider, the status of the Goods Transport Mission is marked “Paid”. The Goods
Transport Mission is marked as “Completed”, 5 days after the payment status has changed to
“Paid” and the order status has changed to “Delivered”.
9.4 Cancelling or Disputing a Freight Transport Mission
Shipper Customers may dispute a “Paid” Freight Transport Mission,
after approval of the Freight Transport Mission request and before it is marked as “Completed”.
Sending a “Dispute” email is a way for Shipper Customers to clearly communicate to Service Providers
and the Company that they are not satisfied with the way the Freight Transport Mission is being
handled.
In the event of a dispute between Users and/or Subscribers, they must contact each other directly
and outside the Platform to resolve the situation between them and inform the Company within 24
hours of the event. It is recalled that the Company is a third party to the agreement concluded
between Users or between Subscribers. When a Charger Client initiates a dispute, the process is as
follows:
1. The Shipper Customer must inform the Service Provider via the Colisnet messaging system and via a
“Dispute” email;
2. The Shipper Customer must inform the Company by email to the address: “contact@colisnet.net”
within a maximum period of:
-> 24 hours following the scheduled start date of the Goods Transport Mission for any
cancellation agreed or not agreed between the Users and/or Subscribers;
-> 24 hours following the scheduled end date of the Goods Transport Mission or 24 hours following
the delivery date declared by the Service Provider, for any complaint concerning the execution of
the Goods Transport Mission;
3. The Service Provider is informed and notified by e-mail of the Customer Charger’s dispute;
4. Users and/or Subscribers must decide to validate or reject the dispute;
5. Users and/or Subscribers must inform the Company by e-mail of the decision taken;
6. Users will be able to evaluate each other on the Site.
Important :
– When a Freight Transport Mission is contested, the status of the Freight Transport Mission changes
to “Contested”.
– Disputing a Freight Transport Mission does not automatically refund the payment. – A Freight
Transport Mission cannot be automatically refunded when a dispute is issued.
Article 10 – Suspension – Termination 1
0.1 Termination at the initiative of the Subscriber
The Subscriber may terminate his contract at any time by simple
email from the User Administrator of the Subscriber account. The termination email must be sent to
the following address: contact@colisnet.net
In the event of a subscription taken out, the effective date of this termination takes effect at the
end of the subscribed subscription period.
10.2 Termination at the initiative of the Company
In the event of fraudulent use of the system or use that is not
in accordance with the purpose of its connection service, the Company reserves the right to put an
end to the alleged facts and in particular to suspend access to its Colisnet Service and to proceed
with the immediate termination of the contract and the deletion of the User Account, without
prejudice to any possible damages.
In the event of repeated and justified complaints against the User, the Company reserves the right
to take all measures intended to put an end to the alleged facts and in particular to suspend access
to its Colisnet Service and to proceed with the immediate termination of the contract and the
deletion of the User Account, without prejudice to any possible damages.
In the event of communication of false information by the User, the Company reserves the right to
take all measures intended to put an end to the alleged facts and in particular to suspend access to
its Colisnet Service and to proceed with the immediate termination of the contract and the deletion
of the User Account, without prejudice to any possible damages. In the event of serious and/or
repeated breach(es) of one or more of the clauses of these General Terms and Conditions that it has
freely accepted, the contract will be purely and simply terminated, without prejudice to any
possible damages.
Any amount paid under a subscription shall remain acquired by the Company in the event of
termination of the contract at the initiative of the Subscriber, or in the event of termination or
suspension of the contract, for one of the cases provided for in this article, at the initiative of
the Company. The balance of the remaining installments shall be due in full to the Company.
Article 11 – Protection of personal data
In application of law 78-17 of January 6, 1978 amended by law
n°2018-493 of June 20, 2018, it is recalled that the nominative Personal Data requested from Users
by the Company are necessary to guarantee access to the Colisnet Services.
The Company undertakes to ensure the security of the personal data it stores for the purposes of
using the Colisnet Services. The processing of information communicated via the Site meets the legal
requirements for the protection of Personal Data, the information system used ensuring optimal
protection of this data. In accordance with the Data Protection Act of 6 January 1978 amended by Law
No. 2018-493 of 20 June 2018 and the General Data Protection Regulation (EU) 2016/679, the User has
a permanent right of access, modification, rectification, opposition, portability and limitation of
processing with regard to information concerning him/her. This right may be exercised under the
conditions and in accordance with the procedures defined on the Site in the "Privacy Policy". To
find out more about the protection of Personal Data processed in the context of the use of Colisnet
Services, the Company invites you to consult its “Privacy Policy”.
More generally and in accordance with applicable regulations, the Company undertakes to ensure that
the collection of all data and information from Users is relevant, not excessive and used solely for
the purposes of connecting Users and the transport operation that may result.
Article 12 – Communication
The User authorizes the Company to refer to the Services covered by the T&Cs and T&Cs, and
in particular the User's use of the "Colisnet" Platform and the Site, on its commercial and/or
advertising documentation, regardless of the medium. In this context, the User authorizes the
Company to use its names, brands and other distinctive signs (the "Signs") solely for promotional
and communication purposes.
The Company undertakes to use the signs in a manner that does not infringe the User's rights. The
Company acknowledges that the subscription contract does not entail any transfer of the intellectual
property rights held by the Subscriber over the Signs to its benefit.
Article 13 – Intellectual Property
The Company is the sole owner of the intellectual property rights
(copyrights and trademarks) in their entirety, of the Site (name, logo, etc.), and of its existing
and subsequent developments, as well as of the Colisnet Services, and in general, of the entire
container and content. Any Visitor or User of the Site who reproduces one or more of these elements
would incur civil and/or criminal liability, particularly in matters of counterfeiting and would be
liable to prosecution and incur the applicable civil and criminal penalties.
Article 14 - Hypertext links
The creation of hyperlinks to any of the pages or elements of the Site may only be done with the
prior written authorization of the Company. The Company declines all responsibility concerning
access to and the content of these third-party sites with a hyperlink to the Site because these
sites are not under the control of the Company.
The Site may also contain links to third party sites that are not edited or controlled by the
Company. Such links are provided solely as a convenience and, accordingly, cannot and should not be
construed as an express or implied endorsement of such third party sites, their content or any
products or services offered therein.
These third-party sites will be subject to the conditions of use
provided for by the same third-party sites in the event of consultation, which the Company invites
you to consult.
Article 15 - Force Majeure
The Company's liability may not be implemented if the
non-performance or delay in the performance of one of its obligations described in these General
Terms and Conditions results from a case of force majeure as defined in the Civil Code and by the
case law of the French courts and tribunals. There is force majeure in contractual matters when an
event beyond the control of the debtor, which could not reasonably have been foreseen at the time of
conclusion of the contract and the effects of which cannot be avoided by appropriate measures,
prevents the debtor from performing its obligation. If the impediment is temporary, the performance
of the obligation is suspended unless the resulting delay justifies the termination of the contract.
If the impediment is permanent, the contract is terminated automatically and the parties are
released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the
Civil Code.
In this respect, the Company cannot be held liable in particular
in the event of a hacker attack, the unavailability of materials, supplies, spare parts, personal or
other equipment, interruption, suspension, reduction or disruption of electricity or other or any
interruptions to electronic communications networks, as well as in the event of the occurrence of
any circumstance or event beyond the control of the Company occurring after the conclusion of the
GTC and preventing execution under normal conditions. It is specified that, in such a situation, the
User and/or the Subscriber cannot claim the payment of any compensation and cannot take any action
against the Company. In the event of the occurrence of one of the aforementioned events, the Company
will endeavour to inform its Users as soon as possible.
Article 16 – Partial nullity
If one or more provisions of this Agreement are held to be
invalid or declared as such pursuant to a law, regulation or final decision of a competent court,
the other provisions shall retain their full force and scope.
Article 17 – Applicable law and attribution of jurisdiction
These General Terms and Conditions and the transactions 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 authentic in the event of a
dispute.
The User, the Subscriber and the Company undertake to make their best efforts to resolve amicably
any dispute relating to the existence, execution, interpretation, validity or cancellation,
termination or nullity of the GTC as well as any litigation, disagreement or claim arising from
and/or linked to the use of the Site and the Colisnet Services.
In the absence of an amicable solution, the dispute will be submitted to the exclusive jurisdiction
of the Courts of Marseille, even in the event of an incidental claim or warranty claim or multiple
defendants.
Appendix 1: Definitions
-> CGS: General Conditions of Services of the Company or
General Conditions of Sale of the Company.
-> CGU: General Conditions of Use of the Company.
-> Shipper or Shipper Customer: User seeking and requesting a goods transport service. He
provides the goods to be transported.
-> Broker: User providing a goods transport service under a transport commission contract.
-> User Account: Account of a User registered on the Colisnet platform.
-> Personal User Account: This is an account for an employee of a Subscriber. This is a
subcategory of User Accounts.
-> Subscription Fees: Subscriber fees paid where applicable to the Company to subscribe and
benefit from the Colisnet Services.
-> Colisnet Service Fees: Corresponds to the fees invoiced by the Company to the Service Provider
for the Colisnet Services provided by the Company.
-> Price List: several Service prices predefined by the Service Provider, according to criteria,
allowing the proposal and/or calculation of a Service Offer.
-> Loaded Goods: Goods to be transported belonging to the Loading Customer. -> Legal Notices:
Are defined in Article 1 of the GTC.
-> Goods Transport Mission: Corresponds to the operation of transporting goods from point A to
point B.
-> Service Order: Request by which a Shipper Client orders a Goods Transport Mission from a
Service Provider.
-> Service Offer: Commercial offer of a Goods Transport Mission by which a Service Provider
offers one or more Goods Transport Services to a Shipper Client.
-> Platform: At the definition of Site.
-> Privacy Policy: Refers to the document that governs the Company's use of Personal Data
provided by Users and Visitors.
-> Service: Service requested by the Shipper Customer and provided by the Service Provider.
Corresponds to all Services offered by a Service Provider to a Shipper Customer through the Site.
-> Colisnet Services: Corresponds to all the services offered by the Company through the Colisnet
platform.
-> Site: https://www.colisnet.net and https://app.colisnet.net. -> Company: Ocean's SAS, RCS
850 771 924. -> Subscriber: Refers to a Service Provider or a Shipper Customer registered on the
platform. This is a subcategory of User.
-> Service Provider or Transport Provider: Subscriber who transports the goods. It can be a Goods
Carrier or a Transport Broker.
-> Carrier: User providing a goods transport service under a transport contract.
-> User: Visitor registered on the Site. This may be a Personal User, a Subscriber, a Service
Provider, a Carrier, a Transport Broker or a Shipper Customer.
-> Personal Users: These are the employees of the Subscribers, it is a subcategory of User.
-> Visitor: Any person, whoever they may be, professional or non-professional, having access to
the Sites.
General Conditions of Service (GCS) dated: 01/01/2023