This privacy policy explains how we use the personal data we collect from you when you use our website. “Texkoop”

Lasted updated 23/07/2023

About our service

The Service allows you to order a delivery of your product.

Article 1 - Application and enforceability of the GCS

The purpose of these General Terms and Conditions of Sale, hereinafter referred to as "the GTCS", is to determine the terms and conditions under which Texkoop.fr, a simplified joint stock company with its registered office at 53B Rue Émile Decorps, 69100 Villeurbanne, RCS Lyon B 907 606 230, hereinafter referred to as "the Service Provider", will provide its transport services to the Customer.

Article 2 - Purpose of the service
The Customer, a specialized professional, wishes to entrust the Service Provider with goods to be delivered and/or stored from a pre-determined collection point, to professional or private customers within the scope of its activity.

Article 3 - Obligations and liability of the Service Provider.
3.1. The Service Provider undertakes to provide the means necessary to meet the Customer's delivery and logistics obligations, in order to perform its service to the best of its ability. The Service Provider thus undertakes to inform the Customer as soon as possible of any change in its administrative situation or any event likely to prevent it from performing its service.

3.2. The Service Provider certifies that the performance of its mission will be carried out with qualified employees employed in accordance with articles L.3243-1 et seq. and L.1221-10 et seq. of the French Labor Code and in compliance with the provisions of articles L.8221-1 and L-8221-2 of the same code. The Service Provider shall provide the Customer with the documents specified in article D. 8222-5 of the French Labor Code, at the latest upon signature of the Contract and every six (6) months thereafter until the end of its performance. The Service Provider undertakes to apply the same level of requirements to its subcontractors and guarantees the Customer against any recourse that may arise on the basis of these obligations.

Similarly, should the Service Provider have recourse to seconded employees within the meaning of Articles L.1261-1 and L.1262-2 of the French Labor Code, the latter undertakes to comply with all legal, regulatory, professional, national or Community provisions relating to the secondment of employees, and in particular the declaration and designation obligations set out in Article L.1262-2-1 I & II of the French Labor Code.

3.3. The Service Provider shall carry out an apparent inspection of the goods to be delivered and of the packaging provided by the Customer, and undertakes to exercise all due diligence in the performance of its services so that the goods arrive in identical condition at their destination.

3.4. The Service Provider remains liable for any incident caused by the Service Provider between the time the package is picked up from the pick-up address indicated by the Customer and the time the delivery note is signed at the destination. Under no circumstances can the Service Provider be held responsible for any damage caused to the parcel before it is picked up, nor after it has been delivered. It is the Customer's responsibility to provide proof to the contrary under the conditions specified in article 6 "Complaints".

3.5. Limitation of liability: The Service Provider may not be held liable in the event of a breach of its obligations caused by a third party against which it clearly could not protect itself. The Customer's compensation is limited to that specified in article 6 "Claims".

Article 4- Commitments and responsibility of the Customer.
4.1 The Customer undertakes to notify the Service Provider at least 7 working days in advance of any change or modification likely to affect the performance of the service. Without this list being exhaustive, the Customer must inform the Service Provider of the annual closing days of these collection points, exceptional opening days, activity during public holidays, holidays, etc., so that the Service Provider can plan its employees' schedules according to a decrease or increase in activity. Any change in the Customer's opening or closing schedule resulting in a modification of the Service Provider's organization may be subject to additional invoicing. The Customer undertakes to ensure that the collection and delivery points are open and accessible, failing which the service will be invoiced in full.

4.2. The Customer undertakes to inform the Service Provider of any change in the nature of the service (types of vehicles, mileage, timetables, collection points, etc.) or of the products transported (food products, frozen goods, non-perishable goods, etc.). If these changes modify the conditions of performance of the service, they must be the subject of an amendment and the Service Provider cannot be held responsible for the poor performance of the Service.

4.3. The Customer undertakes to provide the Service Provider with the correct addresses of collection points and delivery points. The Customer will be invoiced in full for any information that is not provided, is erroneous, is provided late, is incorrect or inaccurate, or which results in poor performance of the service.

4.4 The Customer must provide all information necessary for the proper performance of the service, in particular contact information (telephone, etc.) and access information (door code, etc.). In the event of unsuccessful collection, the Service Provider will invoice 50% of the cost of the service. In the event of unsuccessful delivery, the Service Provider will invoice the service in full.

4.5. The Customer shall ensure that the goods to be delivered are packaged and protected in such a way that they can withstand transport under normal conditions, as well as the related handling operations, and that they do not constitute a cause of danger for the Customer's driving or handling personnel, the vehicle or third parties. The Service Provider reserves the right to refuse to carry out the Service in the event of non-compliance with these provisions and to invoice 50% of the cost of the service for the journey.

4.6 Goods entrusted to the Service Provider must be clearly labeled so as to enable perfect identification of the sender, the recipient and the nature of the goods. All goods must be delivered in perfect condition.

4.7. The Customer shall provide all documents necessary for the proper execution of the delivery, including transport notes and technical data sheets in the event of the transport of hazardous materials in accordance with current regulations. The transportation of hazardous materials must be specifically indicated and may be refused by the Service Provider.

4.8. The Customer must ensure that the collection and delivery points are open at the times requested. In the event of closure resulting in poor performance of the service, the latter will be invoiced to the Customer in full.

Article 5. Organization of the Service.
5.1 Handling: The Service Provider remains responsible for the loading and unloading of its vehicles and will report any anomalies observed in accordance with specifications agreed between the Parties. The Service Provider reserves the right to charge for loading and unloading time in excess of 10 minutes, at the rate of €5/10 minutes beyond the first 10 minutes. In the case of services provided by truck, the surcharge applies from 30 minutes of loading or unloading.

5.2. Delivery deadlines: The Service Provider undertakes to perform the service within the deadlines previously agreed between the Parties. However, the Customer is hereby informed that the delivery times announced by the Service Provider are given as an indication only and must allow for compliance with regulations on driving times and road safety rules, in accordance with the Decree of 23.07.1992 introduced into the French Penal Code and Highway Code. Under no circumstances may failure to comply with this obligation give rise to any claim on the part of the Customer.

5.3. The Service Provider undertakes to inform the Customer as soon as possible of its inability to perform the Service within the agreed timeframe, without this giving rise to any penalty or compensation for damages. The Service Provider shall not be liable in the event of non-performance of its obligation by a third party.

5.5. Waiting : It is the Customer's responsibility to ensure the accessibility and availability of pick-up and delivery contacts. If the waiting time for the Service Provider exceeds 5 minutes, the service will be increased by €5 per 10-minute increment. In the event of a wait of more than 20 minutes, the Service Provider reserves the right not to collect the delivery or to keep the parcel, and to invoice the service in full, including penalties, and to schedule a new delivery at a later date.

5.6. Absent addressee: In the event of the addressee's absence or refusal to accept the parcel, the parcel will be retained by the Service Provider and may be delivered at a later date or returned to sender. This second delivery, like the first, will be invoiced at the current rate negotiated between the Parties.

5.7. Cancellation: In the event of cancellation of a delivery which has already been allocated to a courier, the Service Provider will invoice 50% of the cost of the service.

5.8 Manual requests: Texkoop.fr provides the Customer with a platform for entering transport orders. Any "manual" request (by telephone, e-mail, file, etc.) will be subject to a surcharge of 50 euro cents per mission.

Article 6. Claims
6.1. In the event of a quantitative or qualitative defect in the goods delivered, the customer must notify the Supplier by registered letter with acknowledgement of receipt within 24 hours of delivery. Any claim made after this deadline cannot be taken into account. If no reservation is made, the package is deemed to be in conformity.

6.2. In order to be accepted, the complaint must be detailed and substantiated, justified by the end customer's complaint, and the delivery note signed with reservations, otherwise it cannot be taken into account by the Service Provider. Only visible and apparent damage may be claimed.

6.3 If the dispute is accepted, reimbursement will be made on the basis of the purchase price of the goods paid by the Customer, subject to presentation of the invoice for the corresponding goods, and within the limit of 23 euros per kilo of damaged goods, with a maximum of 750 euros per disputed parcel, whatever the weight, nature or dimensions. Whatever the cause, the Service Provider shall not be liable to compensate for immaterial or indirect loss. It is possible to benefit (against payment), on a permanent or occasional basis, from a higher guarantee, either by making a declaration of value or by a written insurance order. Claims for damage, loss or delay to which the present Contract may give rise against the Service Provider are time-barred within one year, without prejudice to cases of fraud or infidelity (Art. 133-6 of the French Commercial Code).

6.4 Exclusions : precious stones and metals, paintings and objects of art, sculpture, antiques or collectors' items, furs, cash, banknotes and all other papers of value such as bills of exchange, securities, promissory bills, bills of exchange, warrants, bills of lading, registered securities, bearer securities, shares, bonds, coupons and papers of value of all kinds, treasury bills and savings bonds, unused revenue and postage stamps, cheques (including travellers' cheques), luncheon vouchers, holiday vouchers and cheque books, restaurant vouchers, vacation vouchers and blank chequebooks), bank cards, stickers, lottery and PMU tickets, telephone cards, postal parcels and any fraudulent use that may be made of them, live animals, alcohol, wine, champagne, telephones including components, tobacco, cigars, cigarettes, steel, metals, scrap metal, perishable goods (fresh, frozen, deep-frozen), removals and personal effects, motor vehicles, any goods with a value in excess of €100,000.

6.5. The Service Provider may provide proof of delivery by any means, such as photocopies of the consignee's or receiver's discharge, testimonials, presumptions, etc., for shipments made no more than 1 month in advance.

Article 7. Prices and financial conditions
7.1. The terms and conditions and any details concerning pricing are specified and negotiated between the Parties in the special terms and conditions or appended thereto. Pricing is based on the information provided by the Customer (place of collection, delivery address, volume, minimum commitment, exclusivity, etc.). All delivery conditions and requirements must be brought to the attention of the Service Provider: any information not provided on the day the contract is signed may not be modified at a later date, without affecting pricing. Any change noted by the Service Provider in the performance of its services to the Customer may be subject to new pricing. The Customer is hereby informed that, in accordance with current regulations, all taxes and fees to which the Service Provider is subject will be re-invoiced to the Customer (security fee, transport tax, etc.), as well as all external costs incurred by the Service (tolls, etc.), without this leading to a modification of the contractual conditions or any compensation of any kind.

7.2. Any change likely to have a significant impact on the cost of the service for either party during the term of the Contract may be the subject of an overall renegotiation of the Agreement, and may result in termination of the Contract, except where imposed by the regulations to which the Service Provider is subject.

7.3 In the event of a major change in social or tax regulations, or in regulations specific to the Service Provider, likely to have a significant impact on the general economics of the Contract, the Parties shall meet to analyze the financial impact and attempt to reach an agreement.

7.4. Volume commitment: At the conclusion of the Contract, the Parties commit to a volume of services. The Customer is informed that, according to these estimates, the Service Provider organizes itself and hires employees accordingly. In the event of a change in the volume of services during the term of the contract for any reason whatsoever, the Service Provider will invoice the Customer for the volume initially provided for in the contract.

7.5. Advance notice: At the time the contract is concluded, the Parties agree to provide advance notice in the event of a significant change in activity. Outside these conditions, and without prior agreement, the Service Provider will invoice the Customer for the minimum volume stipulated in this clause in the event of a drop in activity, and no penalty may be applied in the event of an increase greater than the maximum stipulated in this clause.

7.6. Fuel surcharge : The Customer is hereby informed that, in accordance with the Law of January 5, 2006 for the benefit of road hauliers, a fuel surcharge will be applied to each invoice, and prices will be revised each month according to the increase in fuel prices. The parties agree that the fuel surcharge cannot have a negative impact. If the nature of the service described in the contract or ordered on the interface is "ecological", this surcharge does not apply.

7.7 Price revision: each year, on the anniversary date of the signing of the present Contract, the price initially agreed will be revised according to changes in the INSEE index of hourly wage costs for the Transport and Warehousing sector (NAF rev. 2 section H) - Base 100 in December 2008. The price revision formula is P=P0xS1/S0 where P is the new price, P0 the price at the last revision, S1 the new index and S0 the index at the last revision. Under no circumstances may the application of the formula lead to a reduction in rates. In the event of a significant change in TEXKOOP.FR's charges as a result of a regulatory change, such as an increase in minimum social benefits, TEXKOOP.FR may transfer this increase to the present contract without waiting for the anniversary date, subject to 1 month's notice!

Article 8. Billing
8.1. The Service Provider will send the Customer an invoice by e-mail detailing all the services provided during the period. Paper invoices may be sent at the Customer's request, but will be subject to a surcharge of €10 per invoice.

8.2. The customer undertakes to pay the invoice before its due date. This rate does not take into account the legal rate of VAT in force on the day the invoice is issued, nor any para-taxes that may be added during the performance of the Contract.

8.3. Late payment : Sums invoiced which are not paid within the agreed time will automatically incur a penalty equal to 3 times the ECB's key interest rate (latest published index) plus 10 points. This interest will run from the due date of the invoice until full payment of the price, and will be payable ipso jure without the need for formal notice. The Customer shall also be liable for a flat-rate collection fee of forty (40) euros for late payment, without prejudice to the Service Provider's other rights and remedies. In the event of non-payment of invoices after their due date and following a formal notice which has remained without effect for a period of 5 days after the invoice became due, the Service Provider may, ipso jure, suspend services, and then, following a further period of 10 days which has remained without effect, terminate the contract. Only full payment of the invoice will allow resumption of the service.
In the event of a volume commitment, the Service Provider will invoice a termination indemnity equivalent to the amount of the volume of services initially planned for the duration of the contractual notice period.

8.4. As of the second late payment, the Service Provider reserves the right to modify the terms of payment and suspend services immediately after the due date of the last unpaid invoice, without the need for prior formal notice. Services may only be resumed once payment has been received in full.

8.5. Conventional right of lien: Without prejudice to the foregoing, in the event of non-payment of the service, the Service Provider reserves the right to retain the goods entrusted by the Customer until the price has been paid in full. The Customer expressly acknowledges that the Service Provider has a lien on the value of the goods subject to its obligation and on the documents relating thereto for all transport claims, even those arising from previous operations, for which its principal, the shipper or the consignee remain debtors to the Service Provider, insofar as the owner of the goods on which the lien is exercised is involved in the said operations.

8.6 Minimum invoice amount: For customers paying monthly, a minimum invoice amount of €40 will be applied if the total amount of services invoiced is less than this amount.

8.7 Billing by the hour: When services are billed "by the hour", excess shifts are billed per indivisible half-hour as soon as 10 minutes of this half-hour have elapsed.

8.8 Credit card payments: In the case of payment by credit card, the Service Provider may deduct any surcharges from the card used to place the order. The invoice will be issued once the service has been fully completed. As this is a service to be carried out immediately, the Customer acknowledges that he waives his right of withdrawal as soon as a courier is assigned to the mission.

8.9 Prepaid account: In the case of a prepaid account by credit card, the balance of the account, which can be consulted at any time in the customer area, is available for 12 months. After 12 months following a top-up, the account balance is automatically reset to 0 and no refund is possible.

Article 9. Duration and termination
9.1. The present contract is signed for a period of 1 year. It is renewable by tacit agreement for an identical period.

9.2 Either party may terminate the contract on each anniversary date, subject to 3 months' notice for the first three years, plus one month's notice for each year of service in excess of 3 years.

9.3. If a trial period is negotiated between the Parties, either Party may terminate the contract at the end of the trial period without compensation on either side. No termination shall take place before the end of the trial period. All sums due under the contract must have been paid, failing which the Service Provider reserves the right to enforce the contract beyond the trial period. The contract will then continue in effect and may only be terminated at the next due date under the conditions set out in article 9.

9.4. In the event of failure to comply with the obligations of the present contract, either party may terminate the contract following formal notice sent by registered letter with acknowledgement of receipt, which has remained without effect subject to 20 days' notice.

9.5. The application of article 9.4 by the Customer must be motivated and justified by repeated and substantial failures on the part of the Service Provider to perform the Service.

9.6. The Customer's failure to comply with its obligations shall under no circumstances give rise to any liability on the part of the Service Provider, nor shall it give rise to termination for fault on the part of the Service Provider.

Article 10. Force Majeure
The Parties shall not be held liable for any breach of any of their obligations resulting from force majeure, including but not limited to the following local or national confinement imposed by the authorities, traffic restrictions imposed by the authorities, a pandemic, a declared or undeclared strike or demonstration, weather conditions severely disrupting traffic, an access closed to traffic for exceptional reasons, a computer problem preventing packages from being flashed and picked up; Provided, however, that the Party invoking the force majeure event notifies the other Party of its occurrence within 2 (two) clear days of its occurrence, the notifying Party being obliged to make every effort to limit the consequences and to resume full performance of the Contract immediately following the cessation of the force majeure event. It is hereby specified that any internal strike by one of the Parties is a contingency for which it must assume responsibility. If the case of force majeure continues for more than 30 (thirty) working days from notification of the force majeure to the other Party by the Party suspending its obligations, the Contract concerned may be terminated by the most diligent Party by registered letter with acknowledgment of receipt. Termination will take effect on receipt of said registered letter with acknowledgement of receipt. Termination of the Contract concerned in this case shall not incur the liability of either Party towards the other, and shall be without indemnity for either Party.

Article 11. Insurance
11. 1 The Service Provider undertakes to maintain an insurance policy with a company covering the pecuniary consequences of its professional civil liability which may be incurred in the event of fault, whether intentional or not, error, negligence or omission on the part of its personnel or subcontractors, and more generally, the risks for which it may be held responsible or which may fall to it as a result of bodily injury, material and immaterial damage (whether or not consequential to material damage) caused to the persons or property of the Customer and/or third parties in the performance of the Contract.

11.2 In the event of subcontracting, Texkoop.fr will ensure that its subcontractors hold an insurance policy covering the pecuniary consequences of their civil and professional liability, as well as damage to the goods transported, under the terms and conditions required by the Contract.

11.3 It is the Customer's personal responsibility to take out all other insurance not included in the insurance policy taken out by the Service Provider.

Article 12. Confidentiality
The Parties undertake to keep strictly confidential and undertake not to disclose or allow to be disclosed to third parties to the Contract, whether in return for payment or free of charge and in any form whatsoever : - the content of this Contract, its Appendices and any amendments thereto, - and more generally, all information and data of any nature whatsoever (IT, technological, technical, commercial or economic, etc.) and in any form whatsoever. ) and in any form whatsoever, communicated in writing, orally, visually, or by any other means, in connection with the negotiation, drafting, performance and termination of the Contract, by one Party or on behalf of one Party to the other Party, without it being necessary to mark the said information and data as "Confidential" when communicated in written form, or to confirm in writing the confidential nature of the information when disclosed orally. Consequently, the Parties shall refrain from mentioning its existence or disclosing all or part of its contents to anyone, unless disclosure is expressly required by law or regulation or the needs of legal proceedings, or unless such disclosure has been agreed in advance in writing between the Parties. In addition, the Service Provider undertakes to ensure that its personnel and any subcontractors or temporary employment agencies keep confidential any information they may become aware of in the course of performing the Contract. All the provisions of the present article relating to this obligation of confidentiality are binding on the Parties for the entire duration of the Contract, and for a period of 5 (five) years from their termination, whatever the cause.

Article 13. Personal data processing policy - RGPD
The Parties undertake to comply with, and ensure compliance with, the regulations in force relating to the protection of personal data and, in particular the General Data Protection Regulation n°2016/679 on April 27, 201. As a processor within the meaning of the GDPR, the Service Provider undertakes to:

1. process the data solely for the sole purpose(s) that is/are the subject of the subcontracting.

2. Process the data in accordance with the instructions given by the data controller. If the Service Provider or its subcontractor considers that an instruction constitutes a breach of the GDPR or any other provision of Union or Member State law relating to data protection, it shall immediately inform the data controller. In addition, if the processor is required to transfer data to a third country or to an international organization, under Union law or the law of the Member State to which it is subject, it will have to inform the controller prior to processing, unless the law concerned prohibits such information on important grounds of public interest.

3. Guarantee the confidentiality of personal data processed under this contract.

4. Ensure that the persons authorized to process personal data under the present contract. The Parties undertake to respect and ensure the respect of all their obligations with regard to the protection of personal data, and in particular to take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default.
Each of the Parties shall notify any personal data breach within a maximum of 24 hours of becoming aware of it, by any means. This notification shall be accompanied by any useful documentation to enable the data controller, if necessary, to notify the breach to the competent supervisory authority.
Each Party shall also implement all technical and organizational security measures to guarantee an appropriate level of security.

Article 14. Non-solicitation of personnel
The Customer shall refrain from directly or indirectly hiring any of the Service Provider's employees or collaborators for the duration of the Contract and for twelve months following its termination, regardless of the cause or origin of such termination. Failure to comply with this provision will result in the payment of compensation at least equal to double the gross annual salary of the said employee.

Article 15. Hierarchy of contractual documents
The Parties agree that in the event of contradiction between the contractual documents signed, the following order of priority and hierarchy will be applied (in ascending order): 1. Special Conditions 2. Annexes 3. General Terms and Conditions

Article 16. Applicable law - General provisions
The present contract is governed by French law. Any dispute between the parties arising from the interpretation, performance or non-performance of any of the provisions of this contract shall, in the absence of amicable agreement, be subject to the exclusive jurisdiction of the Commercial Court of Nanterre.
Should one or more of the contractual stipulations be or become partially or totally invalid, this shall not affect the validity of the remainder of the agreement.