Terms and conditions of use www.happycolis.com
(Updated June 1, 2022)
Preamble – Legal information
The site “www.happycolis.comis published by the company HAPPYCOLIS, a simplified joint stock company, registered with the Registre du Commerce et des Sociétés de Aix-en-Provence under number 85341025600012, headquartered at 9 rue de la Carraire 13770 VENELLES, FRANCE and represented by its President, Thomas Geissmann, (hereinafter referred to as “HAPPYCOLIS”). HAPPYCOLIS “).
The Publishing Director is Thomas Geissmann.
The website is hosted by Google Ireland Limited, whose registered office is at Gordon House, Barrow Street, Dublin 4 – Ireland.
The words below, whose first letter is capitalized, will be defined as such in these terms and conditions of use:
Site(s) designates the present site published by HAPPYCOLIS ;
User(s) means the Internet user(s), natural person(s) and/or legal entity(ies), browsing and using the Site;
General Conditions of Use or “GCU define the present conditions of use;
The Site aims to offer a complete logistics and transport technology solution for e-merchants. HAPPYCOLIS works with leading logisticians and transporters to offer users the best conditions and quality of service on the market.
The purpose of these GCU is to provide a legal framework for the terms and conditions governing the provision of the Site in all its functionalities and their use by the User.
Consultation, browsing and use of the functionalities offered by the Site imply the User’s automatic acceptance of the entirety of the GCU. The User is requested to read them prior to each order.
In this regard, the user proceeding to an order for one of the services offered by HAPPYCOLIS is deemed to have previously read and accepted the CGU and those of any partners of HAPPYCOLIS in their entirety.
These CGU are intended to govern the relationship between the user of the site and HAPPYCOLIS. HAPPYCOLIS reserves the right to make any changes to the GTU, if it deems necessary. The User is subject to GETBIGGER’s terms and conditions in effect at the time of use of the Site.
In the event of non-acceptance of these GCU, the User must renounce access to the functionalities offered by the site.
In the event that any provision of the TOS should, for any reason whatsoever, prove to be inapplicable, null or invalid, the withdrawal of such provision shall not affect the validity and enforceability of the remaining provisions of the TOS as a whole.
4- Ability & behavior of the User
The User confirms that he/she is over eighteen (18) years of age and has the legal capacity to accept these GTU.
The user agrees to comply with the provisions of these CGU and those of any partners of HAPPYCOLIS; however, HAPPYCOLIS can not be held responsible in any way whatsoever for the provisions specified in the general conditions of its partners who remain solely responsible for their editorial line.
In addition, the User undertakes not to disrupt or hinder the proper operation of the Site, including but not limited to not interfering with any third-party intellectual property rights. In this respect, the User undertakes not to undermine the integrity of the Site, and not to collect personal information about another User.
The User undertakes to provide the exact information required to use the Site, on his behalf, as well as any third party borrowing his data. All data collected on the site for the performance of services offered by HAPPYCOLIS, constitute evidence admissible and enforceable between the parties in legal proceedings.
Furthermore, the User undertakes not to usurp the identity of another User of the Site, and to respect the privacy of others.
The user agrees to make strictly personal use of the services of HAPPYCOLIS.
The user who has obtained access to the site, and more specifically to his customer account on the site recognizes that each user account HAPPYCOLIS, username and password are strictly personal, the user undertakes not to disclose them to a third party. The User undertakes not to assign or transfer the user account, username and password, to a third party, whether a natural or legal person. The confidentiality and reliability of the password and user name are the sole responsibility of the User. HAPPYCOLIS can in no circumstances be held liable for unauthorized access by third parties to personal or confidential data concerning a recipient transmitted or stored in connection with the use of the site by the user.
The user agrees to provide any proof of identity if HAPPYCOLIS deems it reasonably appropriate and necessary.
The User undertakes to use the Site in accordance with its purpose, including but not limited to not using the Site for the purpose of harming a third party.
The user agrees not to copy or distribute the content of HAPPYCOLIS in any manner whatsoever without the prior written consent of its management.
5- Use of the Site & Liability
The User can browse the site or connect to his customer account using his strictly personal login and password.
The user thus connected must follow the steps as described and complete all information necessary to perform any of the services offered by HAPPYCOLIS.
It is the sole responsibility of the user to provide all information fairly, completely and correctly, to allow HAPPYCOLIS and its partners to proceed with the execution of services offered. HAPPYCOLIS disclaims any liability for errors in the information provided by the user or the user, whose responsibility will be incurred if the information provided proved to be erroneous and did not allow the execution by HAPPYCOLIS, services offered. The User thus undertakes to bear any financial consequences resulting from erroneous, false or incomplete information. Likewise, if the User has provided an incorrect or incomplete address that does not allow the transport services ordered to be carried out correctly, they will be deemed to have been carried out.
Upon the User’s first connection to the Site, it is understood that the User accepts the general terms and conditions of sale fully and without reservation. Each order validation constitutes an electronic signature of equivalent value to a handwritten signature.
HAPPYCOLIS guarantees the strict confidentiality of data transmitted by the user.
HAPPYCOLIS can not guarantee the continuity of its site, susceptible to modification, hacking, technical difficulties, errors, bugs, anomalies, which can not engage its civil or criminal liability. However in the case of either of these assumptions, HAPPYCOLIS will make its best efforts as soon as possible to make all necessary corrections.
HAPPYCOLIS can not guarantee the compatibility of its site with equipment or installations with special configuration. No malfunction attributable to incompatible installations or third party software can engage the responsibility of HAPPYCOLIS.
HAPPYCOLIS can not be held responsible for the content of websites to which it has indicated the link on the site. In case of illegal content, or contrary to morality proven (without this list is exhaustive), HAPPYCOLIS undertakes to remove the link as soon as possible.
HAPPYCOLIS disclaims all liability resulting from any damages arising from the use (or inability to use) the Site (except in cases of death or personal injury), including damage caused by malware, viruses or any inaccuracy or omission of information, unless the damage arises from a deliberate act or gross negligence of HAPPYCOLIS.
In addition, HAPPYCOLIS disclaims any liability resulting from damages arising from the use (or inability to use) electronic means of communication with the Site, including damages arising from failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Neither HAPPYCOLIS nor the user will disclose to anyone confidential information concerning the activity, business, customers, clients or suppliers of the other party, except to :
- its employees, officers, agents, subcontractors or advisors who need to know this information to fulfill the party’s obligations under the agreement. Each party shall ensure that its employees, officers, agents, subcontractors or consultants to whom it discloses the other party’s Confidential Information comply with this clause; and
- as required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party will use another party’s confidential information for any purpose other than the performance of its obligations under the Agreement.
7- Intellectual property
All elements of the site and, in particular, without this list being exhaustive, photographs, graphics, images, codes, formatting, text, illustrations, tree, are the exclusive intellectual property of HAPPYCOLIS.
By virtue of the provisions of article L. 122-4 of the French Intellectual Property Code, and whether for commercial or non-commercial purposes, the representation, adaptation, redistribution, nesting or reproduction, in whole or in part, and, more generally, any unauthorized use, and derivative work, of all elements of the Site, are unlawful.
“HAPPYCOLIS” is a registered trademark. Any use of its name or logo requires the prior agreement of its owners, under penalty of application of articles L. 713-2 et seq. of the French Intellectual Property Code.
The user undertakes to respect all intellectual property rights of HAPPYCOLIS exposed to prosecution, including the characterization of the offense of counterfeiting (without this last being exhaustive) whose penalties are deferred to Articles L. 335-2 et seq. of the Code of intellectual property, and engages its civil and criminal liability.
8- Applicable law and jurisdiction
The user who wishes to make a claim against the site, undertakes to inform before HAPPYCOLIS, which undertakes to provide its best efforts to settle the dispute amicably.
If no agreement can be reached, disputes will be referred to the Paris Commercial Court.