General Conditions of Use

Description

June 2021 version

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Content

1. Purpose of the General Terms and Conditions of Use

The Colissimo Box Website is intended for professionals only; it is divided into two distinct parts:

  • A public space: Visitor Area;
  • A private space: Secure Customer Area.

The purpose of the Visitor Area is to give visitors access to information about La Poste-Colissimo's range of business service offers. It essentially contains editorial content.

Further information about La Poste-Colissimo's range of business service offers is available at the following address: www.laposte.fr/entreprise.

The purpose of these General Terms and Conditions of Use is to set out the terms and conditions for browsing and using the Colissimo Box Website.

The website can be accessed at www.laposte.fr/colissimo-entreprise and will hereinafter be referred to as the "Website".

 

2. Definitions of terms

In these General Terms and Conditions of Use (GTCU), the terms beginning with a capital letter have the following meaning:

Application(s): Any IT solution and/or technical solution made available to Customers by La Poste-Colissimo in the Secure Customer Area or via official Colissimo modules or via the Customer's own developments. These solutions have generic general terms and conditions of use and technical documentation associated with each application.

Customer(s): Any holder of a La Poste-Colissimo business contract who has a Colissimo business identifier and a password giving him/her access to the Secure Customer Area.

Colissimo Box: The website accessible via the following address: http://www.laposte.fr/colissimo-entreprise and named "Colissimo Box".

General Terms and Conditions of Use and/or GTCU: This document.

Secure Customer Area: The Part of the Website that requires all "Customers" to provide authentication in order to access the different Applications available to them as part of their contract.

Public Space - Discover Colissimo Box: The Part of the Website that any "Visitor" can access on the Website without any prior authentication being required. This area contains editorial content about La Poste-Colissimo's range of business service offers.

Website: The website accessible via the address www.laposte.fr/colissimo-entreprise and named "Colissimo Box", which includes:

  • The Public Space - Discover Colissimo Box;
  • The Secure Customer Area.

Visitor(s): Any person, whether a Customer or not, acting within the scope of his/her professional activity, who consults the Website without any prior authentication and who browses one or more pages of the Website.

 

3. Acceptance and modifications of the GTCU

Visitors and/or Customers unreservedly accept these GTCU by ticking the box "I have read and accept the General Terms and Conditions of Use of Colissimo Box" and undertake to comply with them, including if any amendments/modifications are made to these GTCU.

By accessing and using all or part of the Website, and notably by using one of the Applications, Visitors and/or Customers expressly and irrevocably accept the provisions of these General Terms and Conditions of Use. Acceptance of these GTCU is a prerequisite and compulsory.

In the event of any changes, new GTCU shall be drawn up. The amended GTCU shall then apply and shall replace these GTCU, as of the date of entry into force mentioned at the beginning of the GTCU.

 

4. Conditions of use of the Website

A contact form is available via the home page of the www.laposte.fr/colissimo-entreprise Website. It allows Visitors and/or Customers to contact La Poste-Colissimo for information.

a. Website accessibility

The Website can be consulted by any Visitor and/or Customer who has an Internet access.

La Poste-Colissimo makes the Website available 24 hours a day, 7 days a week, except in the event of:

  • force majeure, and/or exceptional circumstances;
  • the occurrence of a cause that is external to La Poste-Colissimo;
  • La Poste-Colissimo's interruption of access to all or part of the Website in part, notably to one or more Applications, for maintenance reasons and, more generally, for any other reason.

La Poste-Colissimo will inform users of such an interruption by the means of its choice, if need be.

The Applications are available according to the provisions specified in their own technical documentation and in the generic general conditions of use.

Visitors and/or Customers shall be solely responsible for:

  • all costs linked to accessing the Website, whether resulting from the cost of hardware, software or Internet access; visitors and/or customers are solely responsible for ensuring their computer equipment and access to the Internet function properly;
  • taking all necessary measures to protect their hardware, software, Internet access or data against contamination by potential viruses or, more generally, against any attack on the security of their data.

The IP (Internet Protocol) addresses of the computers and terminals used to access the Secure Customer Area shall be recorded by La Poste-Colissimo's servers and may be transmitted to the Public Prosecutor and/or any judicial police officer or any other authorised body that requests such information.

b. Access to the Secure Customer Area

The usernames and passwords are personal and confidential.

Through their administrator account, Customers can manage access to the Applications in the Secure Customer Area by creating web user accounts. These accounts are managed by the Customer and allow duly authorised persons to have access to the Applications, as defined and authorised by the Customer. Each web user account must have a separate username and password.

The Customer is solely responsible for managing the confidentiality of usernames and passwords. The Customer is solely responsible for transmitting its username and password, as well as those used by the web user accounts, to its staff or to any person the Customer authorises to use the account. All connections to the Secure Customer Area and any data transmissions made using the Customer's username and password - or those used by the user accounts - shall be deemed to have been made by the Customer.

These provisions shall apply even if the username and password are pre-recorded on the computer equipment, or any other connected multimedia device or the Internet browser, thus enabling automatic connection to the Secure Customer Area. Customers undertake to immediately inform La Poste-Colissimo of any unauthorised use, notably resulting from fraud or the usurpation of identity, and any potential security breach that could result from this.

c. Website guarantee

The use of the Website does not come with any guarantee whatsoever from La Poste-Colissimo. La Poste-Colissimo does not grant any express or implicit guarantee concerning the use of the Website by Visitors and/or Customers. Similarly, La Poste-Colissimo does not guarantee that the Website, the Applications, the technical solutions or the content obtained from them will meet the Visitors' and/or Customers' expectations.

Visitor and/or Customers are solely responsible for the use of the information that can be accessed via the Website and/or the Applications.

Except in special cases, La Poste-Colissimo provides the Website and/or the Applications under an obligation of means; moreover, the Website, the Applications and their contents are provided for information purposes.

d. Changes to the Website

La Poste-Colissimo has the right to change all or part of the Public Area of the Website without prior notice or compensation.

Any modification to all or part of the Secure Customer Area, in particular to one or more Applications, shall be made according the conditions governing the contractual relationship between the Customer and La Poste-Colissimo, where applicable.

 

5. Intellectual property

The content (including texts, drawings, images whether animated or otherwise, illustrations and iconography and, more generally, all components) displayed on the Website and/or the Applications or that makes up the Website and/or the Applications are protected by the intellectual property law and are the sole property of La Poste-Colissimo and/or its partners, if applicable.

Consequently, Visitors and Customers undertake - without the following list being exhaustive - not to upload/download, extract, store, use, reproduce, sell, communicate, represent, distribute and/or adapt the Website and/or the Applications, whether totally or partially, nor any of their contents, whether totally or partially, directly or indirectly, on any medium and in any form whatsoever, without the express authorisation of La Poste-Colissimo and/or its partners, if applicable.

The trademarks and logos that appear on the Website are protected trademarks of La Poste-Colissimo and/or its partners, if applicable. Any reproduction or use of these trademarks is strictly prohibited without the express authorisation of La Poste-Colissimo and/or its partners, if applicable.

No license or other entitlement to use any intellectual property right is granted to Visitors or Customers due to the simple fact that La Poste-Colissimo publishes the contents, brands and logos online on the Website, unless this is in accordance with the contractual provisions binding the Customer to La Poste-Colissimo.

Any violation of these provisions shall expose the Visitor or Customer concerned to the criminal and civil penalties provided for by the applicable legislation.

 

6. Personal Data

La Poste-Colissimo informs Visitors and Customers that the personal data collected on the Website are those communicated via the online forms used on this Website, in the Colissimo Secure Customer Area and in the Colissimo business contracts.

The compulsory or optional nature of the data is expressly indicated in the various documents.

Visitors and Customers guarantee that the information they provide is accurate, complete and up to date.

Personal data are collected and used for one or more of the following purposes:

  • To access the Colissimo Box service.
  • To access the Colissimo Box Applications.
  • To access the Colissimo Secure Customer Area.
  • To target our communication as effectively as possible.
  • To inform you about the changes to your account relations and developments to our offers.
  • To carry out sales prospecting.
  • To generate statistics.

The recipients of these data are the department in charge of producing the Colissimo Box Website as well as our IT service providers.

The data will be stored for the duration of the use of the Colissimo Box services.

The data provided in the Colissimo Secure Customer Area are stored for 5 years after the termination of your contract.

The data collected for the purpose of sales prospecting shall be stored for a period of three years from the end of the commercial relationship or the last contact.

In line with the regulations in force regarding the protection of personal data, Visitors or Customers have the right to access, correct, oppose, limit the processing, transfer (data portability) and delete their personal data under the conditions provided for by the texts.


To exercise these rights, the Visitor or Customer should send a letter to:
La Poste - BP 10245 - 33506 Libourne Cedex, France
or an email to: mesdonneespersonnelles.laposte@laposte.fr

Certain data may be transferred outside the European Union (notably to Morocco) in the following cases:

  • As part of the outsourcing of part of La Poste-Colissimo's Customer Service activities.
  • For the performance of third-party application maintenance on La Poste-Colissimo's IT applications. These transfers (and access to the data concerned) are governed by the standard contractual clauses of the European Commission, in accordance with the regulations in force.

Within the framework of La Poste's personal data protection policy, you may contact the Data Protection Officer, CP C703, 9 rue du Colonel Pierre Avia, 75015 Paris, France.

If you take issue with the management of your personal data, you may submit a claim to the French Data Protection Authority (CNIL).

La Poste-Colissimo may be obliged to disclose information concerning Visitors or Customers in order to comply with the laws and regulations in force, or to respond to a judicial or administrative request.

Consult La Poste's commitments regarding the protection of its Business Customers' personal data by clicking on the download button. You can also find further details in your contract, available in the "My Account" section.

 

7. Hypertext links

The Website may contain hypertext links leading to other Internet websites over which La Poste-Colissimo has no control. La Poste-Colissimo declines all responsibility for the content of these websites. Visitors or Customers are solely responsible for their use.

 

8. Responsibility regarding the Website

a. Responsibility of La Poste-Colissimo

Customers hereby declare that they accept the characteristics and limits of the Internet and all data transmission networks such as the Mobile Internet network. Customers hereby acknowledge that they are aware of the nature of these networks, and particularly their technical performances, which are independent of La Poste, such as the response times required to consult, query or transfer data, the risks of disruption and, more generally, the risks that are inherent to all connections and transmissions on the Internet. Consequently, La Poste-Colissimo cannot be held responsible, in any way whatsoever, in the event of an incident or malfunction related to electronic communication systems or internet access conditions.

La Poste-Colissimo cannot be held responsible for the failure of the Visitor's or Customer's computer equipment or any other connected multimedia device.

Where applicable, the conditions concerning La Poste-Colissimo's responsibility with respect to the Applications are set out in the contractual provisions binding the Customer to La Poste-Colissimo.

Under no circumstances can La Poste-Colissimo be held responsible for any damage whatsoever, and notably any loss of profit, loss of customers, loss of data, or any commercial issue resulting from the use of the Website or the inability to use the Website.

Any interruption in the access to the Website and/or the Applications shall under no circumstances give rise to an entitlement to compensation of any kind whatsoever, notably financial compensation.

b. Visitor and/or Customer Responsibility

Visitors or Customers are solely responsible for:

  • their use of the Website and/or the Applications;
  • the identity they use and the content of their messages.

Visitors or Customers undertake to guarantee La Poste-Colissimo against any proceedings or any claim that may be filed against it by a third party, due to any non-complaint use of the Website and/or the Applications through the username and password linked to the Customer's account. This guarantee covers any sums of money that La Poste-Colissimo might be required to pay for any reason whatsoever, including legal fees, expert opinions and court costs awarded or ordered.

Visitors and/or Customers guarantee La Poste-Colissimo against any illicit, non-compliant and/or unauthorised use of the information available through this Website.

Where applicable, the conditions concerning the Customer's responsibility with respect to the Applications are set out in the contractual provisions binding the Customer to La Poste-Colissimo.

 

9. Cancellation - Invalidity

In the event one of the clauses of these General Terms and Conditions of Use should be declared null and void or deemed unstated, all the other clauses shall continue to apply.

The fact that La Poste Colissimo does not demand the application of a clause set out in the General Terms and Conditions of Use, whether permanently or temporarily, may in no way be considered as a waiver of La Poste Colissimo's rights arising from that clause.

 

10. Limitation period, disputes and governing law

In accordance with the provisions of Articles 2219 et seq. and in particular Article 2254 of the French Civil Code ("Code civil"), claims and/or actions brought on the basis of these GTCU and/or relating to the use of the Website, in whole or in part, and notably the use of an Application, are subject to a limitation period of 12 months from the day on which the holder of a right knew, or should have known, the facts enabling him/her to exercise that right.

These General Terms and Conditions of Use are governed by French law.

An amicable settlement shall be sought in the event of a dispute arising from the interpretation and/or execution of these GTCU and/or relating to the use of the Website, in whole or in part, and notably the use an Application, unless there are legitimate reasons requiring urgent action. If no amicable agreement is reached, the dispute shall be brought before the competent French courts by the first party to take action.

Content

These General Terms and Conditions of Use define the contractual relationships relating to the various Colissimo Technical Solutions (applications, web services, modules, etc.).

All of these Technical Solutions are provided by Le Groupe La Poste, a public limited company with a share capital of €5,620,325,816 registered on the Paris Trade and Companies Register under number 356,000,000, whose registered office is located at 9, Rue du Colonel Pierre Avia, 75015 PARIS.

All Technical Solutions are reserved for Business Customers with an account with La Poste Colissimo.

 

Clause 1 :  Prupose

The purpose of these General Terms and Conditions of Use is to define the terms and conditions of access and use of the various Technical Solutions made available by La Poste to the Customer User within the framework of its Colissimo Business Colissimo Contract.

These General Terms and Conditions of Use are accessible at the following address: https://www.colissimo.entreprise.laposte.fr/fr/cgu in the "General Terms and Conditions of Use" section of the Colissimo Box.

 

Clause 2 : Definitions

Every capitalised term used over the following pages is assigned the meaning provided in this clause.

Term

Definition

General Terms and Conditions of Use

This document.

Customer User

Any holder of a Colissimo business contract who has an identifier and a password allowing him/her to access the Colissimo Customer Account.

Contract

All colissimo business contracts available.

Colissimo Customer Account

Authenticated account allowing any Customer User to access, in particular, all the technical solutions to which the Contract gives them access.

Technical solutions

IT solutions that are made available or authorised by La Poste and used by the Customer User via their Colissimo Customer Account, the official Colissimo modules or their own developments.

 

 

Clause 3 : Acceptance of the general terms and conditions of use

By choosing to use one or more Technical Solutions offered by La Poste Colissimo, regardless of the technical means and devices used by the Customer User, the Customer User expressly and irrevocably accepts the terms of these General Terms and Conditions of Use as well as the related technical documentation and undertakes to comply with them, to ensure that they are adhered to and to use them for the sole purpose provided for in his or her Colissimo business contract.

In the event of changes to the various Technical Solutions, new General Terms and Conditions of Use will be drawn up. The modified General Terms and Conditions of Use will then be applicable and will replace these General Terms and Conditions of Use.

Clause 4 :  Access and installation conditions for the various technical

The https://www.colissimo.entreprise.laposte.fr/ website allows the Customer User access to the list of all the Technical Solutions available and provided by Colissimo.

In their Customer Account, the Customer User also has access to the specific Technical Solutions that they use. Certain Technical Solutions are in fact acquired by the Customer User, in other words, they are given by default to the Customer User for the smooth operation of their Colissimo business contract.These solutions may differ depending on the type of Colissimo business contract signed with La Poste.

Other Technical Solutions require activation by La Poste. The Customer User must therefore expressly inform their sales contact of their need to access a particular Technical Solution. The Customer User accesses the Technical Solutions via their Colissimo Customer Account (www.laposte.fr/colissimo-entreprise). The Customer must have an up-to-date browser for optimum use. Support cannot be provided for earlier versions of browsers.

La Poste makes available to the Customer User in the Colissimo Customer Account (www.laposte.fr/colissimo-entreprise), a user guide and technical documentation for each of the Technical Solutions.

The Customer User must refer to the technical documentation provided with the Technical Solution in order to install the solution, which is subject to change.

Clause 5 : Access restriction  

La Poste Colissimo reserves the right to suspend the availability of the Technical Solutions at any time and/or refuse access to them unilaterally and without notice to any Customer User:

  • Not respecting these General Terms and Conditions of Use;
  • In the event of a payment incident as defined in the colissimo business contract.

This is without prejudice to any legal action that may be claimed by La Poste Colissimo.

Clause 6 : Description of features – support and maintenance

  • Description of features

The maintenance services provided by La Poste Colissimo may include in particular:

Assisting, analysing and correcting a proven anomaly; Updating and maintaining the technical solutions and embedded components at the same level; Modifying the versions of the Technical Solutions;In the event of a problem with the various Technical Solutions, La Poste Colissimo provides the Customer User with online assistance, a hotline and a chat service.

The Customer User can contact the Service Centre on 0241 742 088* from Monday to Friday (except public holidays) from 8am to 6pm.* Call charges vary according to the operator chosen.

For some Technical Solutions, in the event that the telephone assistance service is not able to solve the problem encountered by the Customer User, La Poste Colissimo may offer to take remote control of a computer of the Customer User with access to the Technical Solutions, which requires the Customer to be connected to the Internet.

The Customer User will have to accept the remote assistance by launching a software via the Internet and may at any time suspend the remote assistance.

In the case of remote assistance, La Poste Colissimo or its technical service provider undertakes to access only the information reasonably necessary to analyse and resolve the problem. It is therefore up to the Customer not to leave open any folders, files or programs containing confidential information. Should La Poste Colissimo or its technical service provider nevertheless have access to such data, La Poste Colissimo or its technical service provider will ensure that it is not circulated or copied.

  • Maintenance Service

The description of the features of each of the Technical Solutions is available via the Colissimo Customer Account in the "Support and technical documentation" section. This section contains all the user guides and technical documentation.

  • Help Desk

In the event of a problem with the various Technical Solutions, La Poste Colissimo provides the Customer User with online assistance, a hotline and a chat service.

The Customer User can contact the Service Centre on 0241 742 088* from Monday to Friday (except public holidays) from 8am to 6pm.* Call charges vary according to the operator chosen.

For some Technical Solutions, in the event that the telephone assistance service is not able to solve the problem encountered by the Customer User, La Poste Colissimo may offer to take remote control of a computer of the Customer User with access to the Technical Solutions, which requires the Customer to be connected to the Internet.

The Customer User will have to accept the remote assistance by launching a software via the Internet and may at any time suspend the remote assistance.

In the case of remote assistance, La Poste Colissimo or its technical service provider undertakes to access only the information reasonably necessary to analyse and resolve the problem. It is therefore up to the Customer not to leave open any folders, files or programs containing confidential information. Should La Poste Colissimo or its technical service provider nevertheless have access to such data, La Poste Colissimo or its technical service provider will ensure that it is not circulated or copied.

  • Maintenance Service

The maintenance services provided by La Poste Colissimo may include in particular:

- Assisting, analysing and correcting a proven anomaly;

- Updating and maintaining the technical solutions and embedded components at the same level;

- Modifying the versions of the Technical Solutions;

 

Clause 7 : Intellectual property

The Technical Solutions as well as their content (in particular texts, drawings, animated or non-animated images, illustrations and iconography and more generally all components) accessible from applications, web-services, modules, etc. and technical documents are protected by intellectual property rights and are the exclusive property of La Poste Colissimo and/or its partners where applicable.

The Customer-User undertakes to comply with these General Terms and Conditions of Use and guarantees La Poste Colissimo against any non-conforming or unauthorised use of the various Technical Solutions.

The Customer-User undertakes, without this list being exhaustive, not to download, modify, extract, store, use, reproduce, sell, communicate, represent, distribute and/or adapt the Technical Solutions in whole or in part or one or more items of their content, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, without the express authorisation of La Poste Colissimo and/or its partners where applicable.

The Customer must not alter the security of the IT solutions.

The provisions set out above also apply to software used for remote assistance.

La Poste Colissimo reserves the right to suspend the availability of the Technical Solutions at any time and/or refuse access to them unilaterally and without notice to any Customer User in the event of non-compliance with the information contained in this clause.

 

Clause 8 : Liability

The sources of the information contained on the https://www.colissimo.entreprise.laposte.fr/ website are deemed reliable, but the site does not guarantee that it is free of defects, errors or omissions.

The https://www.colissimo.entreprise.laposte.fr/ website cannot be held responsible for any viruses that may infect the Internet user's computer or any other computer equipment following use, access or downloading from this website.

The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

It should be noted, without it being necessary to reproduce them in this clause, that the conditions of liability of the Customer User and La Poste Colissimo are set out in the Colissimo Business Colissimo Contract of which the Customer is the holder.

Consequently, under the various Technical Solutions, if La Poste Colissimo is held liable, it cannot be held liable to compensate the loss suffered by the Customer User:

  • if the loss in question results from a failure by the Customer User to fulfil their contractual obligations,
  • if the Customer User has not notified La Poste Colissimo of the malfunction,
  • only up to the amount of the direct consequences of La Poste Colissimo's fault that caused the loss,
  • if the Customer User has not followed the installation procedure,
    • and within the following limits:

In the event of justified damage, the Customer User may, on request, receive a sum corresponding to what La Poste Colissimo would pay if an indicative, non-guaranteed deadline is exceeded, according to the amounts provided for in the relevant clause in the Colissimo company contract of which the Customer is the holder.

 

Clause 9 : Cancellation and invalidity

In the event that one of the clauses of the General Terms and Conditions of Use is declared null and void or deemed unwritten, all the others will continue to apply.

The fact that La Poste Colissimo has not required the application of a clause of the General Terms and Conditions of Use, whether permanently or temporarily, may in no way be considered as a waiver of the rights of La Poste Colissimo arising from the said clause.

Clause 10 : Protection of personal data

Customers may be required to provide personal data about themselves or their own customers when implementing and/or using the various technical solutions of La Poste Colissimo. The data collected are strictly necessary to enable Customers to use all Colissimo's technical solutions.

The personal data collected are notably used for administration and the technical management of the Technical Solutions.

The data will be stored until the end of the use of the Technical Solutions and the expiration of the statute of limitations.

The personal data concerning the Customers and their customers are intended to be used by La Poste-Colissimo and/or its subcontractors and, where applicable, its partners. Some personal data may also be accessed by public organisations, judicial officers and public officials in order to comply with any law or regulation in force. La Poste Colissimo may also be obliged to provide these data in order to meet the demands of authorised authorities (particularly legal and administrative demands).

For some Technical Solutions, and in particular the Coliship solution (a franking solution), an automated import of orders from marketplaces and/or CMS modules is possible.
La Poste-Colissimo has entrusted one of its partners with handling this feature. The data are transferred to the partner for the purposes of this assignment.
The partner uses the information provided by the Customer in the configuration interface in order to retrieve the orders.  This feature is optional and included in the Application.

Customers have the right to access, rectify, oppose, limit the processing of, transfer and delete their data, at any time, according to the conditions set out in the regulatory texts.
To exercise these rights, the Customer may send a letter to:
La Poste - BP 10245 - 33506 Libourne Cedex
or an email to: mesdonneespersonnelles.laposte@laposte.fr

La Poste has a Data Protection Officer, whose contact details are as follows:
Data Protection Officer
CP Y412
9 Rue du Colonel Pierre Avia
75015 PARIS

Clause 11 : Applicable law and jurisdiction

In accordance with the provisions of articles 2219 et seq. and in particular 2254 of the French Civil Code ("Code civil"), claims and/or actions brought on the basis of these General Terms and Conditions of Use and/or relating to the use of the Technical Solutions in whole or in part, are time-barred within 12 months from the day on which the holder of a right knew or should have known the facts enabling him to exercise it.

Any dispute arising from the interpretation and/or execution of the General Terms and Conditions of Use and/or relating to the use of the Technical Solutions as a whole or in part will give rise to an attempt at amicable settlement. Failing agreement, the dispute will be brought by the most diligent party before the Commercial Court of Paris.

The General Terms and Conditions of Use are governed by French law.