Terms and Conditions of Service

I – PRELIMINARY INFORMATION AND GENERALITIES

1.1 The Parties

These general terms and conditions of service are intended to govern all relationships between the company IMX FRANCE, hereinafter referred to as the Service Provider, and the User and/or the Client.

The Service Provider refers to the company IMX FRANCE, which offers its services under its corporate name or under the name of its commercial entities such as ColisExpat.

The aforementioned individuals are collectively referred to as the Parties or individually as the Party. The Service Provider’s customer service is accessible:

  • By email, as specified in the “CONTACT” tab of the website colisexpat.com.
  • By postal mail at the following address: IMX FRANCE, Customer Service – Forwarding, Plateau 18/110 bis, Avenue du Général Leclerc 93500 PANTIN.

1.2 Purpose of these General Terms and Conditions of Service

These general terms and conditions of service define the services offered by the company IMX FRANCE, as well as their terms of online sale and their execution modalities.

1.3 Current Version of the TCS

The general terms and conditions of service may be modified at any time by the company IMX FRANCE.

The general terms and conditions of service applicable to services provided by the company IMX France are those in effect at the time of the Client’s order for the service.

The current general terms and conditions of service are available on the website www.colisexpat.com or upon request (contact@colisexpat.com).

1.4 Other Client Conditions and Clauses

Any addition and/or deviation desired by the User and/or the Client from these general terms and conditions of service requires the express written agreement of the company IMX FRANCE before the conclusion of the service contract and/or the mandate.

No specific conditions from the Client may prevail over these general terms and conditions of service, except with the express acceptance of the company IMX FRANCE.

In any case, in the event of a contradiction between any clauses and conditions of the Client that have been accepted and these general terms and conditions of service, the latter will prevail.

1.5 Cancellation Invalidity

In the event that any provision of these general terms and conditions of service is declared null and void or deemed unwritten, all other provisions shall continue to apply.

The Parties shall use their best efforts to replace the null clause with a valid clause having the same effect.

1.6 Waiver

The fact that either Party does not assert the application of any clause of the general terms and conditions of service or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that Party of the rights arising from that clause.

II – DEFINITIONS

2.1 User

refers to any natural or legal person who visits the website www.colisexpat.com, whether they use the services offered by the Service Provider or not.

2.2 Client(s)

more specifically refers to any User, as defined above, who subscribes to the paid services offered by the Service Provider.

2.3 Merchant(s)

refers to any third-party company that presents products for sale to customers on its own website and at its own risk.

2.4 Recipient Reference

refers to the reference provided by the Service Provider to the Client on the website www.colisexpat.com in the “My Account / My ColisExpat Addresses” section, enabling the identification of the Client and the desired forwarding upon receiving a package.

III – SERVICES PROVIDED BY IMX FRANCE

3.1 Presentation of Services

3.1.1 Main Parcel Reception and Forwarding Service

IMX FRANCE offers its Clients a service for receiving parcels at its facility or at any other partner facility in France, Europe, and internationally, followed by forwarding within Europe, internationally, and to Overseas Territories, containing items purchased from online merchants.

This service allows Clients who do not reside in the shipping country of the Merchant’s website to receive product deliveries to their country of residence.

The Service Provider does not intend to forward parcels whose shipping and destination countries are the same.

For example, a parcel received from a Merchant in Metropolitan France cannot be forwarded to Metropolitan France.

In the scope of this parcel reception and forwarding service, IMX FRANCE acts both as an agent for the Client and as a provider of logistics and parcel delivery services.

In its capacity as an agent, IMX FRANCE receives the parcel(s) shipped by the Merchant(s) on behalf of the Client.

In its capacity as a provider of logistics, transportation, and/or postal distribution services, IMX FRANCE provides logistical services and organizes the forwarding of the parcel(s) in accordance with the Client’s instructions.

In this regard, IMX FRANCE is authorized to commission any postal operator, private distributor, carrier, and/or logistics provider of its choice.

3.1.2 Optional Accessory Service if Conditions Are Met: Purchase Commission to Benefit from VAT Exemption

In accordance with the provisions of the General Tax Code, goods intended for export outside the territory of the European Union and to Overseas Territories, through a transport operator acting either on behalf of the seller or the buyer, are exempt from VAT under certain conditions.

In addition to the main parcel reception and forwarding service, the Service Provider offers an optional accessory service of purchase commission. This service, which is part of a goods export operation, aims to allow Clients, when the required conditions are met, to recover the VAT related to purchases of movable property made from Merchants subject to VAT.

The schematic is as follows: Under a mandate and as a purchase commission agent, the Service Provider acts as an intermediary operator in the sales contract between the Merchant and the Client.

  1. The Client selects their purchases on the Merchant’s website.

  2. Under a purchase commission contract, the Client grants the Service Provider a mandate to acquire, in its own name but on behalf of and for the account of the Client, goods from the Merchant.

  3. The Service Provider makes the VAT-inclusive purchase from the Merchant.
    a. The Service Provider grants a specific mandate free of charge to the Client for this purpose, who proceeds with the payment for the purchase on the Merchant’s website.
    b. The Client ensures that the Merchant’s invoice is made out in the name of IMX FRANCE.
    c. At this stage, the Service Provider is indebted for the VAT-inclusive price of the goods paid by the Client to the Merchant.

  4. In the context of the forwarding of the goods and their exportation by the Service Provider, the Service Provider invoices the Client the VAT-excluded price of the goods, which offsets the amount already paid by the Client to the Merchant.
  5. The Service Provider subsequently reimburses the Client the VAT paid on their behalf after deducting its commission, the cost of the services provided, and any incurred expenses. 

It is expressly agreed between the Service Provider and the Client that within the scope of this purchase commission mandate, a specific accessory service to the main parcel reception and forwarding service, the Service Provider, acting as an intermediary operator between the selling Merchant and the Client and acting as a commission agent, does not at any time own the goods. This specific purchase commission service, remunerated by the payment of a flat-rate commission, cannot therefore be analyzed as a sales contract.

3.2 Access and Service Modalities

Access to the services offered by IMX FRANCE requires the prior creation of a customer account on the website www.colisexpat.com.

The terms of use and access conditions for this website are detailed on the website www.colisexpat.com. They can also be provided to the User and/or the Client upon request by the Service Provider’s customer service.

The Client can access their customer account at any time to track the status of their parcels.

3.3 . Right of Withdrawal

The Service Provider’s service primarily involves the processing and forwarding of parcels. Therefore, in accordance with the provisions of Article L221-28 of the Consumer Code, the nature of the services offered by IMX FRANCE does not entitle the Client to exercise a right of withdrawal.

3.4 Independence of Merchants

Merchants are independent third-party legal entities separate from the Service Provider.

Therefore, subject to the specific provisions related to the purchase commission service, the Service Provider assumes no liability for the relationships that may exist between Clients and Merchants, even if Clients accessed their websites through the Service Provider’s website. Similarly, except for exceptions, the Service Provider does not intervene in any way in the after-sales service for the Client’s purchases from Merchants. It is the Client’s responsibility to directly contact Merchants for any matters concerning their purchases.

IV – PARCEL RECEIPT AND FORWARDING SERVICE

4.1 Service Access Conditions

As stated in Article 3.2 of these General Service Terms, access to the services requires creating an online account on the website www.colisexpat.com.

IMX FRANCE’s services are carried out by creating one or more delivery addresses and a recipient reference that the Client provides to the Merchants when specifying the delivery terms of the purchased item.

The number of delivery addresses is limited to 5 (five) per customer.

The Client can subscribe to various subscription plans offered.

4.2 Service Access Restrictions

  • Exclusion of Postal Mail. It is expressly stated that the Service Provider does not handle postal mail (personal or administrative mail, mail for sending credit cards or SIM cards, magazines and catalogs, etc.).
  • Restrictions on Cash on Delivery and Payment Upon Delivery. It is expressly agreed that the Service Provider will only accept the delivery of parcels free of customs duties and all other charges, which the Client must pay in advance. In any case, all customs duties and direct, indirect, and/or ancillary fees will be solely the Client’s responsibility.
  • Oversized Deliveries. It is expressly agreed that the Service Provider will only accept deliveries of parcels that meet certain weight and dimension limits as specified on the website colisexpat.com. These limitations vary depending on the receiving platform, so it is advisable for the client to ensure in advance that their parcels are eligible. This restriction is intended to prevent costly returns of goods to the Merchant, with the associated costs borne by the Client.
  • Parcel Value Restriction. Any parcel entrusted to the Service Provider cannot exceed the value of €1,500 (one thousand five hundred euros).
  • Lack of payment to the Merchant. Unless there is a specific derogation for the purchase commission service, it is the exclusive responsibility of the Client to make payment for their purchase, the subject of the parcel, to the Merchant.

In the event that a Merchant reports fraudulent payment for the purchase, the subject of the parcel, to the Service Provider, the Service Provider will contact the Client and request any relevant proof of correct payment for their purchase from the Merchant.

In the absence of a response from the Client within fifteen days, the Service Provider is free to return the Parcel to the Merchant at the exclusive expense of the Client.

In cases of fraudulent payments, the Service Provider reserves the right to do everything possible to stop, suspend, and/or return the ongoing shipment. The incurred costs will be borne solely by the Client.

  • Parcel Content Restrictions.

All services provided by IMX FRANCE cover only goods that comply with applicable regulations.

In general, the following items cannot be handled, with the express statement that this list is not exhaustive:

  • Any goods subject to national and international regulations on hazardous products, including but not limited to, ammunition, gases, flammable, radioactive, toxic, infectious, or corrosive materials, as well as any objects that, by their nature or packaging, may pose a danger to driving or handling personnel, the environment, the safety of transport vehicles, or damage other transported parcels, vehicles, or third parties;
  • Precious jewelry, watch items, precious stones and metals, currencies, banknotes, financial or securities, receivables or commercial paper, gift certificates, phone cards, or equivalents, as well as, in general, any paper document or other medium allowing for fungible payment and/or subject to the legality of fund transport;
  • Animals or living or dead beings, plants, goods under temperature control, perishable products or perishable goods, biological or blood samples, organs, as well as any product subject to excise duties in suspended mode;
  • All types of weapons, narcotics, psychotropic substances, works of art, art objects, antiques, collectibles, publications or audiovisual media prohibited by any applicable law or regulation;
  • Responses to tenders, pre-qualification files within the framework of contract awards, application files, and exam copies;
  • Furs and other items not allowed for import into the destination country, as well as any prototype.

It is expressly emphasized that this list is not exhaustive, and it is the Client’s responsibility to inquire about the restrictions in force in the countries of dispatch and receipt.

The Client undertakes to inform the Service Provider of any non-apparent characteristics of the goods when they are likely to have an impact on the performance of the service, especially transportation.

In the event that the Client entrusts the Service Provider with items subject to the above restrictions, these items will be transported at the Client’s sole risk and expense, with no liability on the part of the Service Provider.

The Client will bear all consequences resulting from non-compliance with these restrictions and will be held responsible for any damage caused to third parties and/or the Service Provider.

In the event of a violation of the above provisions, the Client authorizes the Service Provider to dispose of the parcels as it sees fit, including abandoning their shipment, and will compensate the Service Provider for all resulting consequences, of any nature whatsoever.

If the Client entrusts the Service Provider with goods subject to excise duties on paid rights, without prejudice to the above restrictions, the Client undertakes to comply with the current regulatory constraints, particularly in terms of traceability, to enable the Service Provider to attest, if necessary, that it manages these rights properly, so that the Service Provider cannot be either prosecuted or sought.

The Service Provider will not accept requests for shipment to other competing forwarding platforms, regardless of the destination country, in order to combat fraud.

  • In any case, the Client assumes full responsibility for the content of the Parcel, which the Service Provider is generally unaware of.

4.3 Receipt of Parcels by the Service Provider

The Service Provider receives parcels sent by Merchants on behalf of the Client.

In this capacity, when the conditions are met, the Service Provider may refuse to receive the parcel. This delivery to the Service Provider initiates any withdrawal period to which the Client may be entitled from the partner Merchant.

The Service Provider notifies the Client as soon as possible, and no later than 3 working days following the receipt of the parcel.

4.4 Parcel Inspection by the Service Provider

Upon receipt of the Parcel, the Service Provider performs an inspection.

This inspection includes, but is not limited to:

  • The information on the parcel;
  • The condition of the packaging;
  • The content of the parcel by opening it if necessary (see 4.5);
  • To the extent possible, the admission conditions specified in these General Terms and Conditions.

Any parcel received without the Recipient Reference will either be refused by the Service Provider and returned to the sender, or accepted and opened to identify the owner Client.

If, after opening the parcel to determine its owner, the client is still not identified, the parcel will be set aside for the maximum storage period to allow the Client to contact the Service Provider.

If the packaging at the time of Parcel receipt is seriously damaged or appears to have been opened, the Service Provider will refuse it, and the parcel will be returned to the sender. The degree of parcel damage is at the discretionary discretion of the Service Provider, and the Client cannot claim disputes, compensation, or refunds.

4.5 Parcel Content Inspection by the Service Provider

The Service Provider may, at any time, open parcels to verify their contents and validate their eligibility for shipment.

To prevent potential fraud attempts and in case of doubt about the proper use of its services, the Service Provider may inspect the contents of a parcel and related documents.

In case of suspicion of fraud, the Service Provider may request additional information from the Client and reserves the right to refuse the parcel in question, suspend the shipment, and take any measures it deems necessary.

Any cost incurred due to a parcel inspection or related measures will be borne by the Client.

If, after inspection, the parcel is deemed ineligible for shipment, the Service Provider will inform the Client, who must then take responsibility for the parcel and its return to the Merchant, at the Client’s expense.

If the Client refuses to take responsibility for the return of the parcel, the Service Provider may dispose of it as it sees fit, including abandoning the shipment. In any case, the Client will not be entitled to any compensation or refund.

4.6 Additional Services Provided by the Service Provider

  • Parcel Consolidation.
    The Service Provider offers the Client the option to consolidate multiple parcels into one when requesting forwarding. The maximum number of parcels per consolidation is 10.

    The Client approves the consolidation and accepts the packaging proposed by the Service Provider. This service is an additional service subject to billing based on the subscription chosen by the Client.

  • Parcel Repackaging.
    The Service Provider offers the Client the option to repackage their parcels in cases of consolidation to reduce their volume. This option is only available when the carrier’s pricing takes into account the Volumetric Weight.
    The Client approves the repackaging request when paying the forwarding fees. The Service Provider then makes every effort to repackage the items from the consolidation into a more compact form.

    The Service Provider may also propose repackaging to the Client if the packaging appears to be obviously inadequate or insufficient.
    Sealed parcels, technological products, or those marked with the “Fragile” label by the sender are excluded from repackaging.
    In the case of actual repackaging, a discount will be calculated based on the cost savings and will be valid for future forwardings for one year. This discount will correspond to 50% of the difference between the shipping rates before and after repackaging.

4.7 Parcel Forwarding by the Service Provider

Upon the Client’s request and following their instructions, the Service Provider proceeds with the forwarding or return of the Parcel.

  • Customs, Tax, and Regulatory Procedures.

    The Client is solely responsible for and must pay any customs clearance fees, customs duties, or local taxes in the destination country. If, in exceptional cases, the Service Provider pays customs clearance fees and customs duties and/or local taxes on behalf of the Client, these fees will be invoiced to the Client.

    The Client is specifically informed that in the event that the recipient refuses to pay customs fees and/or other duties, taxes, and fees, the carriers and/or service providers may retain the parcel and, if necessary, destroy it.

    Furthermore, in the case of a sale according to the DDP Incoterm, the Client agrees that the Service Provider invoices them a provision for the estimated customs clearance fees, customs duties, and local taxes that it may have to advance on their behalf.

    The Service Provider cannot be held responsible for errors or omissions in the Client’s declarations and/or violations of customs and tax regulations. In the absence of accurate and truthful declarations, the Client is liable for the costs incurred by the Service Provider in case of non-sincere or inaccurate declarations.

    The Client alone bears all consequences, including financial and legal, resulting from declarations or documents not provided, provided late, incorrect, incomplete, or inappropriate. The Service Provider draws the Client’s attention to the fact that any false or inaccurate declaration may lead to delays in the forwarding of their parcels.

    The Client undertakes to comply with all customs and tax formalities that may apply to the forwarding of their parcel. In this regard, the Client agrees to provide any information and/or documents that the Service Provider may request, if necessary.
  • Shipping and Tracking Options.
    The Service Provider offers the Client several shipping solutions with or without tracking.
  • Payment for the Service.
    After the Client validates the shipping solution and selected options, they make the payment online using the payment methods provided by the Service Provider. Upon receipt of payment, the Service Provider proceeds with the forwarding of the parcel(s) as soon as possible.
  • Providing Useful and Complete Information.
    It is the Client’s responsibility to provide the Service Provider with all useful and complete information regarding the parcel, especially regarding the recipient’s address. In any case, the Client will be solely responsible for any damages and/or incidents and/or delays that may result from incomplete information provided to the Service Provider. If necessary, the Client must compensate any third parties and/or the Service Provider for any resulting damages.
  • Parcel Receipt by the Client.
    Upon delivery of the parcel to the recipient, who may be the Client or any other person designated by the Client, it is imperative for the recipient to carefully inspect the parcel and its contents, issue specific and detailed reservations to report any damage to the carrier and/or service that delivered the parcel. Failure to make any useful reservations may result in the Client being deprived of any recourse in case of loss and/or damage to their parcel and/or any other incidents.

4.8 Ownership and Storage of Parcels

  • Ownership of Parcels.
    Parcels always remain the full property of the Client. As such, the Client is responsible for any damage that the Parcel and/or its contents may cause to any person, third party, or employee of the Service Provider.
  • Storage Fees.
    Considering the subscribed subscription, the relevant platform, and the number of parcels, storage fees may be charged by the Service Provider. The billing for this additional storage service and the prices will be specified on the website colisexpat.com at the time of ordering by the Client.
  • Presumption of Abandonment.
    In any case, parcels will be kept for a maximum period of 60 days, unless there is an express agreement between the Client and the Service Provider.

    Before the expiration of this 60-day period, the Service Provider sends several reminder emails to the Client to determine the fate of the parcel. Each email reminds the Client of the presumption of abandonment of the parcel after a 60-day storage period.

    Beyond this period and after sending a final email to the Client to solicit their instructions and draw their attention to the presumption of abandonment beyond 60 days by the Service Provider, the Client expressly and irrevocably agrees that the Service Provider may dispose of the parcel as it sees fit, including returning it to the sender, donating it, or destroying it, without the Client being able to claim disputes, compensation, or refunds.

4.9 Service Provider's Liability

4.9.1 Principle of Liability for Fault of the Service Provider

  • Principle of Liability for Fault:

    Except in the limited cases listed under Article 4.8.2., the Service Provider is liable for fault. To establish its liability, the Client must demonstrate the fault committed by the Service Provider as well as the direct and certain causal link between this fault and the damage suffered by the Client.

    The fault of the Client, the act of a third party, including decisions by the French or foreign administration in the broad sense, and cases of force majeure, as defined by French jurisprudence, that cause the damages exempt the Service Provider from any liability.

  • Limitation of Liability:
    Unless an exception is provided in the articles listed below, when the liability of the Service Provider is engaged, it shall not be required to compensate its Client beyond the lump-sum and global amount of 300 euros (three hundred euros) per received and/or forwarded Parcel.

4.9.2 Exceptional Liability of the Service Provider in the Context of Parcel Forwarding and/or Return

4.9.2.1 Conditions for the Liability of the Service Provider for Parcel Loss or Damage

The loss, damage, or delay suffered by all or part of the shipment engages the liability of the Service Provider under the following conditions:

Except for the provisions of a mandatory international convention applicable to the mode of transport used, the loss or damage of the Parcel during the shipment engages the liability of the Service Provider, except in cases of fault by the sender, recipient, force majeure, inherent vice of the item, or any other element not attributable to the Service Provider.

Since the packaging of the parcel is the sole responsibility of the sender Merchant unless there is an express agreement with the Service Provider and unless repackaged by the Service Provider, it is expressly agreed that any damage attributable to a packaging defect exempts the Service Provider from any liability.

4.9.2.2 Conditions for the Liability of the Service Provider for Delay

The delay, the burden of proof for which always lies with the Client by any objective means, suffered by all or part of the shipment engages the liability of the Service Provider under the following conditions:

Except for the provisions of a mandatory international convention applicable to the mode of transport used, it is expressly agreed that the Client may only seek the liability of the Service Provider for the delay in the shipment in the following two cases:

  • Failure to meet the delivery time to which the Service Provider has expressly committed in writing.
  • An abnormally long delivery time, at least twice as long as the indicative delivery times that would have been given.

In these two cases, the delay in delivery does not engage the liability of the Service Provider when it is attributable to the fault of the sender, recipient, force majeure, inherent vice of the item, or any other element not attributable to the Service Provider.

4.9.2.3 Limitations of Liability in Case of Parcel Loss or Damage

When the Client demonstrates the liability of the Service Provider for the loss and/or damage of a parcel, the Client is entitled to claim compensation.

In all cases, and except for the mandatory provisions of an international convention applicable to the mode of transport or postal service used, this compensation may not exceed the sum of 23 € per kilogram of lost or damaged goods, including the price of the forwarding service, for shipments to the DROM-COM-POM, and the sum of 12 € per kilogram of lost or damaged goods, including the price of the forwarding service, for shipments to the rest of the world.

4.9.2.4 Limitations of Liability in Case of Delay

Except for the provisions of a mandatory international convention applicable to the mode of transport used, in the event that the Client demonstrates that the liability of the Service Provider is engaged for a delay in accordance with the provisions of Article 4.8.2.2., the Client is entitled to claim compensation, the amount of which shall not exceed the price of the forwarding service.

In any case, the Service Provider is not responsible for indirect or immaterial damages such as loss of profit, loss of contract, loss of opportunity, damage to reputation, etc.

4.9.2.5 Option for Extended Compensation

The Client may, if applicable, subscribe to an extended compensation option (up to 500 € per shipment) and thus raise the liability limits for loss or damage stipulated in Article 4.8.2.3. under the following conditions:

  • At the time of ordering forwarding, the Client subscribes to this option and declares the desired compensation value.
  • The Client pays the corresponding option.

It is expressly agreed that this option does not automatically grant the right to a lump-sum compensation equal to the declared value in case of parcel loss and/or damage. The Client is still required to establish the liability of the Service Provider, and their right to compensation, within the declared value, may not extend beyond strict material damage in accordance with Article 4.8.3., excluding any other damage.

4.9.3 Compensation for Strict Material Damage

In all cases where the contractual liability of the Service Provider is engaged for any reason whatsoever, it is strictly limited to the compensation for strict material damage resulting from the loss, damage, or delay of the parcel.

It is then the responsibility of the Client to substantiate, with supporting evidence, the reality and quantum of this damage.

4.9.4 Absence of Liability on the Part of the Merchant

Except for exceptions specific to the specific commission purchase service, given the independence of the Partner Merchant and/or the Merchant, the Service Provider assumes no liability for their actions.

4.9.5 Client's Insurance

It is the responsibility of the Client to take out any insurance they deem necessary to cover the risks to which their parcel is exposed, as only the Client knows and can assess its value.

V – OPTIONAL AND INCIDENTAL PURCHASE COMMISSION SERVICE

5.1 Access Conditions to the Service

The conditions for accessing this optional and incidental purchase commission service are as follows:

  • The intended purchase involves movable goods.
  • The value, excluding taxes, of the purchase or purchases corresponding to a single invoice must be greater than €50 (fifty euros) and must not exceed the sum of €1,000 (one thousand euros).
  • The goods intended for acquisition are subject to French VAT and deliverable within metropolitan France.
  • The Client guarantees the Service Provider that the goods are intended for personal use.
  • Comply with the access terms of the parcel reception and forwarding service.
  • The Client’s delivery address is located in the DROM-COM-POM.
  • The Client accepts the special mandate granted to them by the Service Provider. The terms of this mandate are accessible on the Service Provider’s website at colisexpat.com.

5.2 Mandatory information to be included on the Merchant's invoice

To benefit from this specific purchase commission service, the Client must ensure that the purchase invoice issued by the Merchant complies with French legislation and includes all information related to the identity of the seller, the buyer, and the characteristics of the purchased goods.

The following mandatory information must appear on the purchase invoice issued by the Merchant during the sale of movable goods:

  • The date of issuance
  • The unique number
  • The name and complete address of the company IMX FRANCE
  • The delivery address of the warehouse designated by the Service Provider.
  • The VAT number of the company IMX FRANCE.
  • The name and complete address of the Merchant.
  • The Merchant’s VAT number.
  • A precise description of the goods and quantities.
  • The date of the sale.
  • The unit price excluding taxes.
  • The VAT rate applied to each purchased item.
  • The amount of VAT.
  • The payment date.
  • The Client’s reference.

5.3 Mutual Information and Cooperation of the Parties

The completion of these operations requires a common approach and the exchange of information between the parties.

The parties, including the Service Provider and the Client, commit to cooperating to the best of their abilities to facilitate the proper execution of their respective commitments.

5.4 Verification by the Service Provider

The invoices will be verified by the Service Provider, and only purchase invoices validated by the internal services of the Service Provider will be considered for the provision of services.

The purchase commission agreement will be formed between the Parties when the Client has expressly indicated on the Service Provider’s website at www.colisexpat.com that they wish to benefit from this specific service, and when the purchase invoice submitted by the Client has been validated by the Service Provider’s services.

To combat fraudulent payments, the Service Provider reserves the right to request from the Client information regarding the proof and compliance of payment.

5.5 Consequences of Service Refusal

In the event that the required conditions are not met, the Client cannot benefit from the specific purchase commission service. The Service Provider informs them as soon as possible.

The Client then has two options:

  1. Exercise their right of withdrawal with the Merchant’s website and instruct the Service Provider to arrange for the return of the parcel in the event that the parcel has already been shipped by the Merchant. The Client expressly agrees that any expenses related to the return will be invoiced to them.

  2. Proceed with the shipment of their parcel without the specific and ancillary purchase commission service.

5.6 Purchase Commission Agreement and Special Mandate

5.6.1 Purchase Commission Agreement

The Client will grant the Service Provider (the purchase commission agent), through a purchase commission, a special mandate without representation authorizing the company IMX FRANCE to acquire goods in its own name but on behalf of the Client, from Merchants subject to VAT.

Once the goods have been acquired by the Service Provider on behalf of the Client and the Client has provided instructions for the shipment of the parcel as part of its exportation, the Service Provider invoices the goods at the price excluding taxes to the Client.

It is expressly agreed between the Service Provider and the Client that within the framework of this purchase commission mandate, which is a specific and ancillary service to the main parcel reception and forwarding service, the Service Provider acts as a commission agent within the meaning of Article L132-1 of the French Commercial Code.

The Service Provider, acting as a purchase commission agent, an intermediary between the selling Merchant and the Client, never has ownership of the goods at any time. The Client, on behalf of the Service Provider, directly acquires ownership of the movable goods acquired on behalf of and for the account of the Client by the Service Provider.

The Service Provider undertakes to perform this purchase commission service with all due diligence and to keep its principal, the Client, informed.

This service will be remunerated with the payment of a fixed commission, the rate of which is accessible on the website www.colisexpat.com.

5.6.2 Special Mandate from the Service Provider to the Client

Concurrently, the Service Provider will provide a special mandate, within the meaning of Articles 1984 and following of the French Civil Code, to the Client authorizing them to occasionally acquire goods in the name and on behalf of IMX FRANCE.

The terms of this mandate are accessible on the Service Provider’s website at www.colisexpat.com.

This special mandate is conferred on the Client personally. It is concluded intuitu personae. The Client may not, under any circumstances, be replaced by a third party.

This special mandate is given free of charge. It does not entitle the Client to remuneration.

In execution of this mandate, the Client must, on behalf and for the account of the Service Provider:

  • Purchase the goods within metropolitan French territory and meet the conditions set out in these general terms and conditions of service.
  • Pay the purchase price of the goods to the relevant Merchants, including VAT. This will result in a claim in favor of the Client against the Service Provider.
  • The Client undertakes not to make fraudulent payments. The Service Provider may request information to establish the reality and compliance of the payment.
  • Obtain a purchase invoice from the Merchant meeting the conditions stated in Article 5.2.
  • Forward the purchase invoice of the goods to the Service Provider with the order reference.

The Client must fulfill their obligations in executing this mandate with all due diligence and keep the Service Provider informed of any questions related to the execution of this mandate.

The Service Provider undertakes to reimburse the Client the price they paid to the Merchant for the acquisition of the Goods in execution of this mandate.

The parties expressly agree that this payment will be made by offsetting the amount to be paid by the Service Provider for the reimbursement of the acquired goods and the amount to be paid by the Client for the export of the goods.

When, after this offset, the Client has a credit balance against the Service Provider, this amount will be credited by the Service Provider to the Client’s rebate account.

5.6.3

It is expressly agreed that the shipping costs of the item from the Merchant’s website to the Provider’s platform are paid by the Customer when placing an order with the Merchant.

As part of its reception and forwarding service, the Provider invoices the Customer for the same amount of fees. Therefore, there is a compensation between the amounts owed by the Provider and those owed by the Customer.

If the shipping costs have incurred VAT and subject to having all the necessary elements and information, the Provider also commits to refund the VAT related to the shipping costs to the Customer.

5.6.4

It is expressly agreed that the purchase commission agreement and the special mandate, which are ancillary to the parcel reception and forwarding services, constitute a group of interdependent and indivisible contracts binding the Parties.

Therefore, if, for any reason, either of these agreements relating to the goods is not carried out to its conclusion, this VAT recovery operation will be automatically and immediately considered null and void. The Client will no longer be entitled to recover the VAT incurred on purchases of goods made in metropolitan France.

As a result, the Client will be deemed never to have held a claim against the Service Provider.

5.7 The Liability of the Purchase Commission Service Provider

The Service Provider is liable for any fault it may have committed in the performance of its purchase commission service.

It is the responsibility of the Client to demonstrate this fault as well as its causal relationship with their loss.

In any event, if its liability is established in the context of its specific purchase commission mission, the Service Provider shall not be liable for an amount exceeding the value of the subject of the service.

It is expressly agreed between the Service Provider and the Client that within the framework of this purchase commission mandate, a specific and ancillary service to the main parcel reception and forwarding service, the Service Provider, as an intermediary operator between the selling Merchant and the Client, does not have ownership of the goods at any time. The Client, as the principal of the Service Provider, directly acquires ownership of the movable goods acquired on behalf of and for the account of the Client by the Service Provider.

Therefore, this specific purchase commission service, remunerated by the payment of a fixed commission, cannot be interpreted as a sales contract.

The purchase commission service provider reminds the Client that, as a buyer, they have legal guarantees under the sales contract concluded with the Merchant.

The Client must address any complaints regarding the goods directly to the Merchant from whom the goods were acquired on behalf of and for the account of the Client.

The Client is required to inform the Service Provider, acting as an intermediary in the purchase, of any requests for the termination of the sales contract to enable the Service Provider to take all necessary measures.

5.8 Assistance of the Client by the Service Provider in its Relations with the Merchant

In the event of a request from the Client and/or the Merchant, the Service Provider undertakes to do everything possible to facilitate communication between the Client and the Merchant in the context of any possible claim.

VI – RATES, INVOICING, AND PAYMENT OF FEES

6.1 Pricing

The price of the service is displayed on the Provider’s website, detailed in the offered subscription plans, and/or subject to a specific offer from the Provider to the Client through any useful written means, especially by email.

The price includes:

  • Access fees to the services, with several subscription plans available.
  • Shipping or return fees for parcels.
  • The cost of any additional service performed by the Provider on behalf of the Client.
  • The commission, if applicable, for the specific purchase commission service.

6.2 Invoicing

IMX FRANCE issues a summary invoice for all incurred fees and costs of services provided on behalf of the Client.

This invoice is made available to the Client in their Customer Area.

6.3 Specifics for the Purchase Commission Option

The specific purchase commission service is remunerated through the payment of a fixed commission.

The amount of this commission (percentage of the item’s value with a minimum amount) can be found on the website www.colisexpat.com.

6.4 Payment Terms

Payment for the services must be made using the payment methods available on the Provider’s website www.colisexpat.com through the secure payment sites of the Provider’s financial partner.

Upon receiving the payment, the Provider commits to acknowledging receipt electronically, within a maximum of 24 hours.

In case the Client encounters difficulties with the payment methods offered on the Provider’s website, they can contact the Provider’s customer service and request to make a payment via bank transfer for the exact amount of the selected service(s).

As part of its anti-fraud measures, the Provider may request one or more proofs of the Client’s identity and the validity of the credit card used for payment to prevent the use of stolen or counterfeit payment methods. The Provider may also verify that the person whose bank account is debited is the one who placed the order. In case of a request for the return of an order by a merchant victim of fraudulent purchase, the return of the goods to the merchant will take precedence over any request for re-shipping by the Client.

6.5 Discounts

On their online account, the Client may have a “discounts” account where discounts granted by the Provider are credited to the Client.

Payments for services can be made using the credit on this “discounts” account.

The validity period of discounts is one year from the date of issuance.

6.6 Default Notice

Any default notice sent to the Client by the Provider to assert its rights will be subject to a flat fee of €10.00 (ten euros) payable by the Client.

VII – COMPLAINTS

7.1 Conventional Forfeiture Period

Only complaints regarding the re-shipping of a parcel for which the Client has sent the Provider a registered letter detailing specific damages and/or shortcomings observed within seven days after the parcel’s delivery will be admissible.

In cases of non-delivery of the Parcel, the complaint period is extended to fourteen days from the date when the Parcel should have been delivered to the final recipient.

Beyond these deadlines, any complaint regarding the re-shipping of a parcel will be inadmissible due to forfeiture.

7.2 Prescription Period:

Any action concerning a specific service is subject to a one-year statute of limitations from the date of receiving the Parcel that gave rise to the service or from the date when the parcel should have been received.

7.3 Basis for Complaint

Every complaint must be specifically motivated and accompanied by evidence of the alleged shortcomings and/or damages.

VIII – APPLICABLE LAW, MEDIATION, AND LITIGATION

8.1 Applicable Law

These general terms and conditions of service are governed by French law.

8.2 Attempt at Amicable Resolution

Any dispute arising from the interpretation or execution of these general terms and conditions of service will be subject to an attempt at amicable resolution between the parties. In the absence of an amicable agreement, the dispute will be brought before the materially and territorially competent court by the more diligent party.

8.3 Mediation

In accordance with the provisions of the Consumer Code regarding the amicable resolution of disputes, IMX France has joined the CNPM mediation center, whose contact information is as follows: CNPM – Consumer Mediation, 27 Avenue de la Libération, 42400 Saint-Chamond, France.

If a written complaint is not resolved by the customer service of IMX FRANCE within 2 months, the Client, using the Services as a consumer, may file a free complaint with the aforementioned mediator either electronically by visiting the website https://cnmp-mediation-consommation.eu or by regular mail (specifying their email address, phone number, and attaching the complaint) to the above-mentioned postal address.

IX – PROTECTION OF PERSONAL DATA

IMX declares its respect for and commitment to complying with the current French regulations concerning personal data, including the European Regulation on data protection dated April 27, 2016 (GDPR), and the amended French Data Protection Act of January 6, 1978.

The Client has access to IMX’s data protection and privacy policy on the website.

During the order process, IMX collects personal data for the conclusion, execution, management of the Services Contract, and invoicing. The collection is based on the execution of the Services Contract. Some data fields are mandatory and indicated with an asterisk, while others are optional.

IMX commits to not using the collected data for purposes other than those mentioned above (except upon the requisition of a competent judicial and/or administrative authority).

Data is stored in the active database for the duration of the Services Contract or 3 years from the last contact with you. IMX reserves the right to transmit all or part of its customers’ personal data to its subcontractors for the needs of the Services Contract, especially for the execution of any order.

IMX is committed to taking all necessary precautions to safeguard the security of the communicated data, particularly to prevent distortion, damage, or unauthorized access by third parties.

You have the right to request access, rectification, erasure, or portability of your personal data from IMX. You can also request a limitation of processing or object to the processing of your data. You have the right to withdraw your consent to the processing of your data at any time.

You can exercise your rights by sending an email to IMX at the following address: data.protection@imxpostal.fr, providing your complete contact information (name, first name, address, phone number, email address), and if possible, the customer reference to expedite the processing of your request. You may be asked to verify your identity.

By postal mail, by writing to the following address:

Personal Data Protection Service IMX FRANCE 110 bis Avenue du Général Leclerc Plateau 18 Level 1b 93500 PANTIN FRANCE.

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