Terms of Service
BOKS (hereinafter “the Operator”), SAS with capital of 1,225 euros, registered in the Toulouse Trade and Companies Register under number 833 364 318 00018, whose head office is located at 17 rue Borios, 31000, Toulouse , in the person of its legal representative Adrien Oksman, publishes and makes available the BOKS Application (hereinafter “the Application”).
The Application can only be used by the occupants of buildings or houses where the rectangular boxes (hereinafter “the BOKS”) designed by the Operator and intended to contain objects or packages transmitted or delivered to said occupants are installed or that the latter wish to return, ship or transmit.
The BOKS and the Application form a set hereinafter referred to as the “BOKS Solution”.
These General Conditions of Use (hereinafter “CGU”) govern the use of the BOKS Solution by its Users.
ANY USE OF THE BOKS SOLUTION MANDATORY IMPLY THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE TERMS AND CONDITIONS AND OF OUR CONFIDENTIALITY POLICY.
Thus, the User undertakes to carefully read these T&Cs, as well as the confidentiality policy found at the foot of the Application home page, when accessing the Application.
The Operator reserves the right to modify these T&Cs at any time. The new provisions will be brought to the attention of the User at least fifteen (15) days before their entry into force, where they will automatically apply to the User. If the User does not wish to accept these modifications, he will be asked to no longer use the Application by requesting the closure of his Account.
- Purpose of the T&Cs
- Role of the Operator, links with Users and User responsibility
- Assistance and protection mechanisms put in place by the Operator
- Access and registration conditions
- Registration of the User on a registered BOKS
- Maximum number of direct Users registered on the same BOKS
- Stagnant packages or objects
- Obligations related to the operation of the Application
- Data processing carried out by the Operator
The terms mentioned below have, in these T&Cs, the following meaning:
- “Users” : designate all persons authorized to access the BOKS.
- “Direct User” : designates any occupant of a building or house where a BOKS is installed and who has downloaded the Application to have access to it or to give access to it to an indirect User.
- “Indirect User” : designates any person authorized to access a BOKS by a direct User who has communicated a single-use code generated by the Application. This may be a delivery person, a courier or a third party not acting on behalf of a transport company.
- “Direct User Community”: group of people registered on the same BOKS.
- “BOKS Solution” : the BOKS and the Application downloaded for its use.
- “Account” : designates the interface accessible on the Application in which all the data provided by the direct User is grouped.
- “Personal data” : refers to all data provided by the direct User, relating to their person and allowing the use of the BOKS Solution. They include in particular their last name, first name, email address, full postal address, mobile phone number.
- “Credentials” : email or mobile phone number and password recorded by the direct User for the creation of their account.
- “ Boks Hub offer without subscription ”: rental contract concluded between the Operator and its client, manager of the building, under the terms of which the said manager rents one or more Boks which it makes available free of charge to the occupants of the building who will be able to use it after downloading the Application and creating an account, without taking out a subscription or purchasing usage credits.
- “ Boks Hub offer with subscription ”: contract concluded between the Operator and its client, manager of the building, under the terms of which the Operator installs one or more Boks in the building free of charge to make them available to the occupants of this building who will be able to use it after taking out a subscription or purchasing usage credits.
- “ Boks One Offer ”: contract concluded between the Operator and his customer, occupant of a house and user of the locker which will be installed in his home, under the terms of which he purchases the locker.
2. Purpose of the T&Cs
The purpose of these General Terms and Conditions is to establish the contractual provisions relating to the respective rights and obligations of the Direct User and the Operator in the context of the use of the BOKS Solution.
3. ROLE OF THE OPERATOR, LINKS WITH USERS AND RESPONSIBILITY OF USERS
- Operator-User Relationship
The nature of the relationship between the Operator and the Users varies depending on the demand met by the installation of the Boks Solution.
Three options are offered by the Operator:
Rental contract concluded between the Operator and the manager of a building : “Boks Hub without subscription”
Here, the Operator does not maintain a direct link with the Users who are autonomous in the Use of the BOKS which are made available to them, free of charge, by the building manager.
At the request of the building manager, with whom it has concluded a rental contract, the Operator has made one or more BOKS available to the occupants of the building, of which it therefore remains the owner.
Service contract concluded between the Operator and the manager of a building: “Boks Hub with subscription”
Here, there is a contractual link between the Operator and the Users, since the latter must subscribe or purchase Boks usage credits via the Smartphone Application to have access to it.
Sales contract concluded between the Operator and the occupant of a house: “Boks One”.
Here, there is also a contractual link between the Operator and the User who has purchased the Boks One locker.
The User who would like to have confirmation of the legal situation in which he finds himself is invited to contact the Operator at firstname.lastname@example.org .
- User Obligations
The User must use the BOKS normally and in accordance with its/their intended purpose.
He must only place things that are lawful, commercially available and not dangerous to the physical integrity of others.
Likewise, he is solely responsible for communicating a single-use code to third parties who become, in fact, indirect Users of the BOKS after having accessed it using this code.
For optimal use of the BOKS, the direct User who wishes to return, ship or have a package delivered must provide the e-commerce or transport company with which they deal with the number of their BOKS as well as the single-use code composed of numbers and letters.
This formalism will be suggested by the Application when the single-use code is generated.
The proper functioning of the BOKS Solution is based on the good faith, transparency, responsibility and responsiveness of the community of direct Users.
- Role of the Operator
The Operator is not responsible for the objects or packages placed in the BOKS nor for their security.
In fact, it will not verify the nature or volume of said objects or packages before allowing them to be deposited in the BOKS.
The packaging of the items deposited is not a condition of use of the BOKS.
The Operator does not ask to know the identity of indirect Users before generating a single-use code at the request of a direct User.
However, the Operator has taken care to put in place the safeguards detailed in Article 4, to make the direct User responsible and encourage them to communicate with their peers.
4. Assistance and protection mechanisms put in place by the Operator
As a preliminary point, it should be noted that the mechanisms described below, with the exception of that provided for in article 4.3, have no practical reality in the case of the “Boks One” offer, which involves the installation of a single locker intended for a single person or household.
4.1. Access to BOKS history in the Application
Each direct User will be able to have access to the activity history of the BOKS on which they are registered, via the Application, in order to know the activity of this BOKS, in real time.
The duration of availability of each information visible in the BOKS activity history is 7 days.
The BOKS activity history consists of the following information:
- Each deposit or withdrawal made;
- Identity of the direct User who made or authorized the deposit or withdrawal and time of the operation;
- Number of packages or objects present in the BOKS after each opening by the direct User (the latter will be asked to indicate this number on the Application);
- Nature of the planned operation, namely:
- Delivery of a package by a transport company; Or
- Deposit of a package or object by a person not authorized by a transport company; Or
- Return by the direct User himself of a product ordered on the internet; Or
- Transmission by the direct User himself of a package or object to a person not mandated by a transport company; Or
- Decongestion of the BOKS by a third party (via the generation of a decongestion code)
The direct User must indicate in the Application the nature of the planned operation in order to be able to carry it out.
Access to all this information by a community of direct Users allows traceability of operations, for 7 days, in the event of loss or damage to a package or object.
4.2. Access to a discussion forum (hereinafter “Chat”) via the Application allowing dialogue between members of a community of direct Users
Direct Users registered on the same BOKS will be able to communicate via the “Chat” interface available on the Application, in the event of difficulties on the BOKS, to try to find solutions.
These exchanges must be carried out in accordance with the basic principles of good neighborliness.
The Operator is not responsible for the content or nature of the comments exchanged in this Chat.
However, the Operator reserves the right to block access to any User publishing offensive comments, or unrelated to the BOKS Solution, or constituting a press offense within the meaning of the law of July 29, 1881 (insult, defamation, provocation to commit a crime or misdemeanor, incitement to racial hatred, negationism).
4.3. Existence of a mechanical key in case it is impossible to access the BOKS via the Application
The building manager or any person authorized to represent him will have in his possession a mechanical key which will allow the manual opening of the BOKS in the event that it is impossible to do so via the Application or the electronic keypad code.
The identity and contact details of this person will be communicated by the tenant signing the BOKS rental contract.
As part of the Boks One offer, the mechanical key will be given upon delivery to the occupant of the house, who is the buyer and sole user of the locker.
5. Conditions of access and registration
Any use of the BOKS Solution will necessarily involve the creation of an Account on the Application.
In this context, the Direct User undertakes to provide the Operator with accurate, fair and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties, and to communicate to the Operator any necessary update of the data communicated during registration.
The direct User must validate these T&Cs on the first visit.
The Direct User will be solely responsible for the use of their Identifiers or actions carried out through their Account.
Any loss, forgetting, misappropriation, or unauthorized use of a direct User's Credentials and their consequences are the sole responsibility of this User. In the event of theft, misappropriation or usurpation of Identifiers, the User is required to notify the Operator, without delay, by email to the address email@example.com .
The Boks Hub with subscription and Boks One offers require the compulsory purchase of a subscription or the purchase of usage credits.
The User who finds himself in one of these two situations must carefully read the corresponding general conditions of sale which will be submitted to him and accept their terms in order to use the Boks Solution.
5.2. Registration process
The registration process that the Direct User must follow is as follows:
- Download the BOKS App
- Accept these T&Cs which will be displayed, after having carefully consulted them
- Click on “Register / Create an account”
- Enter the following data:
- Her name,
- His first name,
- Their full and precise postal address: floor, door (right or left), where applicable, access code(s) to the building, building.
- His email address,
- His mobile phone number,
- The precise description of the place where the BOKS is/are installed (for example: at the back of the courtyard on the left, in the entrance to the building on the right, etc.)
- choose a password
- Indicate whether or not they wish their account to be permanently connected to the Application, by answering the question asked in a window that will appear; if he does not wish to do so, he will have to enter his Identifiers each time he opens the Application to be able to use it
- Scan the QR Code that will have been communicated to them or click on the activation link that will have been sent to their email address.
5.3. Access to BOKS
5.3.1. For Direct Users
The BOKS will be opened automatically via Bluetooth, by positioning yourself, with your Smartphone and the Application open, within a radius of one meter around the BOKS, after having been authorized to access it by the Application.
5.3.2. For indirect Users
Access will be by dialing the single-use code generated by the Application and which will have been transmitted to them by the direct User on the BOKS electronic keyboard.
The Application is not intended to be downloaded or used by an indirect User who, by definition, is not an occupant of the building where the BOKS is installed.
6. Registration of the User on a registered BOKS
The User who has created his account on the Application will be registered on a BOKS whose registration number will be immediately communicated to him.
This number consists of a letter and three numbers.
The Direct User will not be able to use any other BOKS, within the same building, than the one on which he was registered.
7. Maximum number of direct Users registered on the same BOKS
The number of direct Users that can be registered on the same BOKS will be set by mutual agreement between the Operator and the building manager or the occupant of the house, as the case may be.
As part of the “Boks One” offer, logically, all the occupants of the house will be able to be attached to the deposit purchased. For any additional Boks acquired, an additional subscription will need to be taken out.
8. Stagnant packages or objects
In the event of packages or objects stagnant in the BOKS and preventing any further deposit, it is recommended to contact other members of the community of Direct Users to try to find a solution.
An absent Direct User cannot be forced to entrust to another member of the community of Direct Users or to any other person, the object or package left for their attention, pending its return.
Furthermore, any User who removes from the BOKS without authorization a package or object not intended for them, to relieve congestion in the BOKS or for any other reason, will be held liable towards the person who suffers damage as a result.
The BOKS history can help detect unauthorized withdrawals in the BOKS.
The provisions of this article have no practical reality in the case of the “Boks One” offer.
The Direct User who no longer wishes to use the BOKS, because he is moving or for any other reason, is invited
- As part of the “Boks Hub” offer without subscription: inform the building manager, who will pass this information on to the Operator
- As part of the “Boks Hub with subscription” or “Boks One” offer: inform the Operator directly
They can also unsubscribe directly by clicking on the corresponding link in the Application and following the relevant instructions.
10. Obligations related to the operation of the Application
The Operator undertakes to implement all means to make the BOKS Solution and its functionalities accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Operator's control. .
Furthermore, the Operator reserves the right to temporarily interrupt accessibility to the Application and the BOKS for maintenance reasons, for the improvement and installation of new features, for the audit of proper functioning or in the event of a malfunction or threat of malfunction.
Finally, the Operator cannot be held responsible for disruptions, outages and anomalies which are not its fault and which affect transmissions via the Internet network and more generally via the communications network, whatever their importance and the duration.
11. Processing of personal data carried out by the Operator and confidentiality policy
As part of the operation of the BOKS Solution, the Operator may collect personal data.
This data is necessary for the management of the Application, for accessibility to BOKS and, where applicable, for sending newsletters and other alerts to Users who have requested them.
This data will be processed in accordance with the purposes intended during collection.
As such, the direct User is invited to consult the Operator's Confidentiality Policy, located at the foot of the Application's home page, which will provide him with further information relating to the protection of personal data. , and to processing carried out via the Application.
Please note that the direct User whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of their personal data, in accordance with articles 38 et seq. of Law No. 78. -17 known as “Informatique et Libertés” of January 6, 1978 as amended and the European Regulation on personal data (REGULATION (EU) 2016/679 – hereinafter “GDPR”).
These rights can be exercised in accordance with the law by simple request by email to the address firstname.lastname@example.org or by post to the address of the Operator's head office, providing proof of identity and a legitimate reason such as provided for by law.
Last updated on 08/27/2020