cgv-cgu du site boxeem

1. Fields of application

• 1.1 These general conditions of sale apply to all orders placed on the website https://www.boxeem.com on behalf of SARL BOXEEM, registered at the RCS Montpellier, and domiciled at 39, Avenue de toulouse 34070 Montpellier.

• 1.2 BOXEEM.COM reserves the right to adapt or modify at any time these terms and conditions of sale. In case of modification, it will be applied to each order the general conditions in force on the day of the order.

2. object

• 2.1 Under this contract (hereinafter the « Contract »), BOXEEM places at the disposal of the Customer, who accepts it, a storage space (hereinafter the « Box ») located in the building (hereinafter referred to as the « Box »). after « the building ») intended to receive any goods and / or products of which the Client has the valid property (hereinafter the « Goods »), subject to the provisions of this contract and the rules of procedure. The provision is made for a monthly fee, in accordance with art.3 of the Contract.

• 2.2 The Contract is a contract for the provision of services concluded on a precarious basis, excluded in particular from the scope of Articles L.145-1 et seq. Of the commercial code on commercial leases and Law 89-462 of July 6, 1989. on residential leases.

• 2.3 The present contract can in no case be analyzed or assimilated to a contract of deposit: it does not create with the load of BOXEEM no obligation of guard, of surveillance, maintenance, conservation and restitution of the Goods stored in the Box, these are and will remain under the sole responsibility of the Customer.

• 2.4 The Agreement, concluded intuitu personae, can not be transferred and the Customer can not in any case put the Box totally or partially available to a third party. Any modification of the Contract must be established by written amendment, signed by BOXEEM and by the Customer.

• 2.5 The provisions of this Contract are in force and apply for any contract subscribed from November 12, 2018.

3. Formalities of subscription

• 3.1 The Client must provide at the signing of the Contract, a piece of identification, a means of payment, as well as the k-bis extract of the company if the customer is a legal person. Otherwise, 3 months deposit is required.

• 3.2 The client undertakes to declare during the term of the contract, if it is a legal entity, any legal change relating to its object, as well as to persons having the general power to bind it. If it is a natural person, any change relating to his marital status, personal home and any other contact details: phone number, email address.

4. Duration

• 4.1 This contract is granted and accepted for an initial period of at least one month. At the end of this period, the contract will be renewed by tacit agreement for a new period of the same duration. Beyond a period of thirty days, the Contract may be terminated at any time by either Party. Unless terminated by one of the parties, the contract will continue until the next monthly deadline. A cancellation by the customer will be notified by the registration in the customer access of the website and subject to a notice of (depending on the storage center). A cancellation by BOXEEM will be notified by an email, sent with a similar notice to that of the customer.

5. Royalties - penalties of delay

• 5.1 The provision is made upon payment by the Customer of the fee mentioned in the special conditions and the registration of a security deposit corresponding to one month's fee inclusive of VAT. Each monthly fee will be paid no later than the first day of each period. With the exception of the first royalty that will be paid at the signing of the contract, each royalty is due and will be paid no later than the day of its due date.

• 5.2 BOXEEM may propose to the Customer a revision of the fee with 15 days notice. Unless notice of termination by the Customer pursuant to Article The revision will take effect from the first period following this 15 days notice.

• 5.3 The Customer acknowledges and agrees that any period started is due in full, even if he wishes to release his box on the 1st day of the next settlement period.

• 5.4 In the event of non-payment of the fee for each period in full before the expiry, the Customer will automatically be liable to BOXEEM for the late penalties corresponding to the administrative costs, of a lump sum of 10.00 euros including tax, without prejudice to any other remedy of BOXEEM and the application of Article 14 below. In case of late payment of the monthly fee, BOXEEM also reserves the right to deny the customer access to the BOX until full payment of the balance due. The customer agrees that the goods stored can constitute a guarantee of payment of amounts due to BOXEEM.

• 5.5 For any payment by check or levy returned unpaid, a file fee of € 29.90 TTC will be incurred against the Customer and late penalties of a monthly rate of 5% will be applied as if the regulation does not apply. had never been done.

• 5.6 If the Customer has complied with all contractual terms and conditions, BOXEEM undertakes to reimburse the Customer for any remaining amount, excluding insurance, after having billed the days of use of the box at the rate in effect on the day of departure (or end of notice period if this date is later), which may be different from the amount in the special conditions, without taking into account any prior discounts. The refund will be made within 30 days of the termination of the contract.

• 5.7 In the event of a payment incident, BOXEEM will be entitled to charge the customer all the costs related to the collection of unpaid invoices (20% of the amounts due). the customer undertakes to indemnify boxeem for the costs and charges resulting from the non-respect of its commitments.

• 5.8 For any reservation of a Box, a deposit of an amount equivalent to one month of royalty will be paid by the customer. Any sum paid for a booking of a box is considered a deposit. This sum will be deducted from the sums due by the customer when signing the contract. In case of withdrawal, except the case provided for in article 7.3, the deposit will be acquired by BOXEEM who will provide an invoice.

• 5.9 If the VAT rate is changed, it will apply without delay to the VAT rates charged by BOXEEM.

6. Security deposit

• 6.1 At the signing of the contract, the customer undertakes to pay a non-yielding deposit of interest corresponding to one month's fee inclusive of VAT.

• 6.2 The deposit will be returned within 30 days after the end of the contract, subject to the fulfillment of all charges and conditions of the contract and in particular after payment of all sums due to BOXEEM. In the case where the customer does not return his box in the state or it was given to him at the time of the provision, the cost engendered of the restoration will be deducted from the amount of the deposit of security, and this, without prejudice .

• 6.3 the customer expressly authorizes BOXEEM, on its own, to compensate the security deposit with the sums he / she owes to him / her. This compensation is reserved for BOXEEM only.

7. Online booking of a storage box

• 7.1 Any reservation of a Box on the boxeem.com website on the secure paybox.fr server constitutes an irrevocable acceptance that can only be challenged within the limits provided in these general conditions of sale.

• 7.2 The date of development in the Box will then be determined with boxeem within a limit of 4 months maximum following the booking made on our website.

• 7.3 The rate offered by the boxeem.com site must be maintained, even if the rates in the agency are modified.

• 7.4. To exercise the right of withdrawal, the customer must notify boxeem its decision to retract by means of a declaration without ambiguity by mail or email.

8. Conditions of use

• 8.1 The purpose of the provision of the Box is only the storage of non-hazardous goods, in accordance with the terms of this Agreement and the provisions of the Internal Regulations. The Customer will use the Box as a good father. As such, he undertakes to refrain from having in the Box and more generally in the Building any noisy, dangerous, illegal, illegal, unhealthy and / or potentially harmful activity to the building and / or to the persons .

• 8.2 The Customer expressly forbids himself from living or living in the Box, from establishing his residence there, his fixed or punctual residence. The Customer may not claim any right to the maintenance of the premises or to any right to housing or property including commercial.

• 8.3 The Customer is expressly prohibited from exercising in the Box any industrial, commercial, artisanal, liberal or other professional activity. He is prohibited from exercising in the Box any exploitation of goodwill or any attachment of the Box to the exploitation of such a fund, and to use the Box to exercise any commercial, artisanal, liberal or other activity there and to bring in anyone who is not in his service. It also refrains from establishing its head office there and mentioning the Box or the building, whether in the Register of Commerce and Companies, the Directory of Trades as well as on its commercial correspondence.

• 8.4 The Customer is prohibited from storing dangerous, illegal, flammable, contaminating, toxic, explosive, perishable goods, live or dead animals and plants, cash, banknotes, coins of any kind in the Box, ingots and precious metals, pearls and precious stones, securities or securities, jewelery, silverware and goldsmith's work of precious metal and any other object of value greater than EUR 10,000 or if they constitute a whole, with an overall value of more than EUR 15,000 , except the written agreement of BOXEEM. More generally, it is prohibited to introduce any property likely to damage or in any way affect the Box, the building, as well as other goods stored in the Building.

• 8.5 The Customer agrees to store the Goods in accordance with the applicable safety rules and any instructions issued by BOXEEM concerning security, fire, or more generally access to the Building. The Customer will make sure to leave a space of 10 cm between the ground and the property likely to be damaged by the water. The Customer will do what is necessary at his expense for the protection of his property from dust and condensation.

• 8.6 The Customer will take care to maintain the Box in a state of irreproachable maintenance.

• 8.7 The Customer agrees to leave the Box locked by his care permanently, with the exception of the time necessary for the entry or withdrawal of the Goods. For this, the Customer must obtain a padlock. Boxeem declines all responsibilities in case of theft or intrusion if the customer has not locked his Box.

• 8.8 The Customer undertakes not to leave all or part of his Goods or equipment outside the Box and to remove his waste from the site. In the event of deposit by the Customer or by persons introduced by him on the site, of waste outside the box, in the corridors, the locks or other common surfaces outside or inside the building, BOXEEM will invoice the cost of the intervention for the removal of the waste at the price of forty (50) Euros TTC per hour with a minimum of invoicing of twenty (20) Euros TTC.

• 8.9 The Client will have access to the Box during opening hours posted at the entrance of the center, these times may be modified by the storage center or boxeem. The site is usually closed on public holidays and Sundays. The Customer will have the possibility to access his Box 24H / 24 on the condition of having subscribed to the service 24H / 24 at the current rate.

• 8.10 The Customer will make his personal business receipt of any delivery intended for him and will ensure that it does not infringe the rights of BOXEEM and other customers. In the event that the Customer expressly requests BOXEEM to receive delivery of the goods, the acceptance of the goods as to their condition or packaging, handling and temporary storage will remain under the sole responsibility of the Customer who can not under any circumstances seek the responsibility of BOXEEM and where of its insurer as such. Any receipt of Goods by BOXEEM at the request of the Customer is the sole responsibility of the Customer.

• 8.11 BOXEEM can receive and store the goods of the Customer for forty-eight hours. Beyond forty-eight hours, a fee of five euros, excluding VAT, per pallet per day will be charged.

• 8.12 BOXEEM may make available to the Customer, free of charge, handling equipment, goods lifts, trolleys and more generally any material used to transport the Goods. By taking possession the customer recognizes that the material does not contain any defect or vice. Said material may be used by the Client only to allow the movement of his property in the property of BOXEEM. The Customer is solely responsible for the use of the equipment made available to him and the responsibility of BOXEEM can in no way be engaged in this respect, particularly on the basis of Article 1891 of the Civil Code or that of Article 1384. paragraphs 1 of the Civil Code. BOXEEM transfers to the Customer the custody and control of the devices for the duration of their use by the Customer. A fortiori, the Customer will be responsible for his own material handling. The Customer is responsible for the repair of any damage caused by his equipment or when using the BOXEEM equipment at the Building, the boxs, goods and people. In case of closure in the box of the customer handling equipment the use of the equipment will be billed by BOXEEM and the Customer will pay without delay the price of 25 euros per day started for a cart and 35 euros per day started for a truck.

• 8.13 BOXEEM reserves the right, after having previously informed the Customer, to enter the Box in order to carry out any maintenance or repair work or any necessary modifications or to verify that the use of the Box complies with the terms of this Agreement. BOXEEM may enter the Box without notifying the Customer, opening the lock by force, in case of force majeure or in response to a request from the police, fire brigade, gendarmerie, any authority in execution of a decision of justice or in order to verify, in case of legitimate doubts, that the Goods are neither dangerous nor illegal, nor do they risk damaging the Box, the neighboring boxs, the Building or the persons.

• 8.14 BOXEEM does not carry out any control or verification of the stored goods or their conformity with these contractual conditions.

• 8.15 The customer expressly agrees to the safety and security measures established by the Contract and the Internal Regulations. The Customer shall not do anything that disturbs the tranquility or bring any disturbance of enjoyment or nuisance to any Customers or Property in the building.

9. Conditions of access

• 9.1 Anyone in possession of the key, padlock code or password appearing in the special conditions of the box will be considered as being mandated by the Customer to access the box.

• 9.2 The Client and his agent (s) will be the only ones to have access to the Box during the hours posted at the entrance of the Building. BOXEEM reserves the right to modify its opening hours from time to time.

• 9.3 BOXEEM reserves the right to deny the Client and his agent (s) access to the Box if his account has a debit balance.

• 9.4 BOXEEM reserves the right to prohibit any person from entering the Box or the Building if it deems that the person endangers the security of the Building or if this person is in possession of dangerous products.

• 9.5 BOXEEM declines any responsibility in the event of temporary technical malfunctions preventing the entry or exit of the Box or the Building. In case of technical malfunctions exceeding 12 hours, preventing access to the box during this period, BOXEEM will compensate the customer for a lump sum of 50 euros including tax.

• 9.5 BOXEEM declines any responsibility in the event of temporary technical malfunctions preventing the entry or exit of the Box or the Building. In case of technical malfunctions exceeding 12 hours, preventing access to the box during this period, BOXEEM will compensate the customer for a lump sum of 50 euros including tax.

10. Possibility of substitution

• 10.1 BOXEEM reserves the right, exceptionally, to substitute during the Contract, a new surface storage space at least equal to the contract area in the special conditions, after notification to the Customer sent at least eight days to the advanced. If BOXEEM has detected an imminent danger to the Goods or a hazard that may be caused by the Goods in Storage, the Goods will be moved without notice.

• 10.2 The movement of the Goods will be carried out by BOXEEM at its expense and under its responsibility.

11. Legal regime

• 11.1 By express agreement between the parties, the Contract is a precarious contract for the provision of services. BOXEEM is not a depository and is therefore under no obligation to keep, supervise or maintain the Property. The Customer acknowledges that the Goods are stored under his sole responsibility, at his own risk and expense, that he remains the sole guardian within the meaning of Article 1384 of the Civil Code, that under no circumstances this Agreement does not constitute a transfer of custody of the property or the risks attached to it.

• 11.2 The Client acknowledges and agrees that the Contract does not confer any commercial property or right to maintain the premises.

12. Insurance - renunciation to recourse

• 12.1 The Customer agrees that the Goods are stored under his sole responsibility and at his own expense. Throughout the duration of the contract, the customer agrees to subscribe and maintain insurance. The insurance offered by BOXEEM will cover the Customer's property, for the replacement value of the goods within the limit of the amount indicated in the Supplementary Service section of the 1st page of the Storage Space Provisioning Contract and guaranteeing them against all risks of fire, explosion, water damage, theft, and against all risks inherent in the occupation of the boxs.

• 12.2 The Client and his insurer, whether the insurer proposed by BOXEEM or another insurer, expressly waive any recourse that he may be entitled to bring against boxeem and its insurer, the owner of the building and its insurer and its other occupants and their insurers, in the event of a claim.

• 12.3 In the event that the client chooses another insurer than the one proposed by BOXEEM, he must provide a certificate of insurance with waiver of recourse before the start date of the contract. In the event that the Customer could not provide a certificate before the start date of the contract, he must subscribe to the insurance offered by BOXEEM.

• 12.4 If the Customer wishes to reduce or change its level of guarantee, he must notify us before the start of his next Settlement Period.

13. Jurisdiction

• 13.1 Any dispute with a non-professional Client whose present contract would be the object, the cause or the occasion will take place before the Tribunal of Instance or Commercial Court chosen by the Customer.

• 13.2 Any dispute with a Professional Client whose present contract would be the object, the cause or the occasion will take place before the Court of Instance or Commercial Court in the jurisdiction of which the Building is located.

14. liability

• 14.1 The Customer acknowledges that the Goods are stored under his sole responsibility, that he remains the sole guardian within the meaning of article 1384 of the Civil Code, and that he will be held entirely and exclusively responsible: Damage to the Goods, or their destruction may have originated, inter alia, from theft, break-ins, damage, destruction, etc. can intervene in the box, and more generally in the whole building. Damage caused by the Goods as a result of the use and occupation of the Box, to any person or objects BOXEEM or to a third party, including other persons storing goods produced in the Building.

• 14.2 The Customer undertakes to guarantee and indemnify BOXEEM for any direct or indirect consequences resulting from any action brought by a third party against BOXEEM for direct or indirect damage caused by the Customer or the Goods stored by the Customer, except negligence of BOXEEM.

• 14.3 BOXEEM not assuming any obligation of surveillance or guarding, can not be held responsible for any reason of robberies, break-ins, other destructions, which may occur in the Box except in case of negligence on the part of BOXXEM.

15. Termination

• 15.1 In case of non-compliance by the Customer with any of the obligations incurred under this Contract, the Contract terminates ipso jure, if it seems to BOXEEM, ten days after the first email.

• 15.2 At the latest on the effective date of the cancellation, whether it comes under article 4.1 or article 15.1, the Customer must imperatively have completely emptied and cleaned the Box and have paid in full the amounts due to the customer. royalties and allowances, in accordance with the terms of the contract.

• 15.3 In the event that, despite the obligation that was made to him, the Client did not completely empty the Box on the effective date of the termination of the Contract, the Customer authorizes BOXEEM in advance to enter the Box, by any means, and to withdraw the entirety of the Goods. The goods will be removed and stored at the expense of the Customer where they are stored, destroyed or sold for the benefit of BOXEEM without the need to fill any legal formality, in order to recover the sums that are due to him including by proceeding with their destruction. In addition, the customer will be liable for all the sums due on the date of termination of the Contract as well as late penalties applied in accordance with Article 14.5.

• 15.4 Except on the assumption that BOXEEM has not been fully paid for any sums that may be owed to it and where the retention right provided in clause 13.3 above is used, within this period of ten days, the Client shall remove all of its Goods and return the Box and all other materials made available by BOXEEM in the state in which they were at the time of signing the Contract.

• 15.5 In the event that the Customer does not remove all the Box's Goods before the cancellation, the Customer will be liable, until the complete withdrawal, sale or destruction of the Goods in storage, of a monthly allowance equal to 120% of the last monthly fee.

16. Election of domicile

• 16.1 For the execution of the Contract and its aftermath, BOXEEM is elected domicile at 39 avenue de Toulouse, 30070 Montpellier.

• 16.2 In case of change, each party will inform the other party by email, or the customer's access to the site within 15 days of the change. Otherwise, any change of address of the Customer will not be opposable to BOXEEM.

17. Recording video images

• 17.1 The Client acknowledges the right of BOXEEM to capture and record video images in the Building. BOXEEM undertakes to use its images solely for the sake of the security of the site and the property of all its customers.

18. Access and rectification of data

• 18.1 In accordance with the law « Computing and Freedom » of 06/01/1978 article 27, the Customer has a right of access and rectification of data concerning him.