GENERAL TERMS AND CONDITIONS OF SALE

BOKS GENERAL TERMS AND CONDITIONS OF USE

Last updated: 08 July 2026

Article 1. Definitions

For the purposes of these general terms and conditions of use, the terms whose first letter is capitalised, whether used in the singular or the plural, have the following meaning:

Abonnement: means a paid Pack PRO+ or Pass ONE+ or Pack ZEN subscription intended exclusively for Users, to which the Operator will have subscribed on their behalf where applicable, holding a Boks parcel Box, entered into for a term of one (1) to three (3) year(s) renewable, and allowing the User to access, for the duration of the said Subscription, the specific Services identified at the URL address https://www.boks.app/products/abonnement-service; or https://www.boks.app/products/bokslink;

Application: means the computer application, accessible via a downloadable mobile application accessible from a Terminal, and allowing access to the Services subject to pairing of the Application with the parcel Box;

Boîte à colis: means a connected parcel locker installed by Boks or by the User at a dedicated location, connected to the Application and the Services and accessible to one or more User(s) subject to having carried out its pairing under the conditions of these GTU, in order to have Goods delivered by any carrier. Where applicable, the parcel Box may be shared with other Users;

Boks: means the company Boks SAS, a simplified joint-stock company, with a share capital of €10, whose registered office is located at 8 rue Réaumur, 75003 Paris, registered with the Trade and Companies Register of Toulouse under number 991 499 971, itself represented by Adrien Oksman acting as Chairman;

CGU: means these General Terms and Conditions of Use;

Code d’accès: means i) a single-use code generated by a User or ii) a temporary fixed-use code generated by a User or iii) a permanent-use code generated by a User. The codes are generated randomly using the Services, allowing a third party to access the parcel Box, to deposit and/or collect Goods therein;

Compte: means the personal space of a User, accessible only with Identification Elements, allowing them to access and benefit from the Services;

Elément d’identification: means the login identifier (the User's email address) and the password entered by the User allowing them to access their Account;

Gestionnaire: means the person who will have been designated within the installation site by the Users of the parcel Box or the Operator to be the privileged point of contact between Boks and the Users (in particular to ensure the interface between the Users and Boks for any technical and/or operational problem) and to ensure custody of the emergency key in case of urgency (in particular blocked door, out-of-service battery, out-of-service Bluetooth – non-exhaustive list), which the potential Manager expressly accepts by accepting these GTU;

Marchandise: means the good(s) not appearing in the list of article 10.1 of these GTU that the User transits through the parcel Box, either by receiving them or by sending them, within the dimension and/or weight limits listed in article 10.2 of the GTU;

Opérateur (de Boîte à colis): means the natural or legal person who has requested Boks to install the parcel Box under a separate agreement and who may subscribe to the Services for their own needs (as a User) and/or those of the Users;

Politique de confidentialité: means the policy on the use of Users' personal data implemented by Boks and accessible at the address https://www.boks.app/pages/mentions-legales, which forms an integral part of these GTU;

Services: means the features and services as determined in article 11 made available to Users and accessible from the Application and the parcel Box;

Terminal: means any mobile terminal allowing access to and use of the Application but also access to a parcel Box and having at least a Bluetooth connection and a minimum version of Android and iOS;

Utilisateur: means any legal person or any natural person of legal age and capacity, holding an Account and a Terminal, authorised by the Operator, and using the Services.

Article 2. Legal information

The Application and the Services, as well as the parcel Boxes described in these general terms and conditions of use, are edited, designed, operated and provided by Boks, whose full contact details are available at the address https://www.boks.app/pages/mentions-legales.

The Application is hosted by Heroku, a subsidiary of Salesforce.

Boks has taken out "civil liability" insurance with the company Orus.

Article 3. Purpose of these General Terms and Conditions of Use

The purpose of these GTU is to define the conditions of use, both free and paid, of the Application, the parcel Boxes and the Services.

Article 4. Complaints – Technical assistance

Boks customer service may be contacted by telephone on 01 87 65 05 87 from Monday to Friday between 9 a.m. and 6 p.m., by email at the address info@boks.app or via a form available on the website or on the User's Application account.

In the event of a complaint from the User, the latter must contact Boks customer service by indicating the following information: (i) their customer number, (ii) the address of their residence, (iii) the number of their parcel Box, (iv) the subject of their complaint, (v) the delivery tracking number of their goods as well as the name of the carrier.

Article 5. Scope, acceptance and modification of the GTU

The purpose of the GTU is to define the conditions under which the User may create an Account on the Application, access the parcel Box, consult and use the Application and benefit from the Services.

Access to and/or use of all or part of the parcel Box and/or the Application and/or the Services implies acceptance without restriction or reservation of these GTU by the User as well as of the Privacy Policy.

These GTU may be subject to modifications, at any time and without prior notice. With regard to ongoing paid Services (Subscriptions), any substantial modification is notified to the User before it comes into effect; if the modification is unfavourable to them, the consumer User may terminate the Subscription free of charge before it takes effect. The applicable conditions are those in force and accessible on the Application on the date the User accesses the Application and/or the parcel Box.

Article 6. Term and commitment

Access to the Services, the Application and the parcel Box is provided to the User for an indefinite period.

Subscription to an Subscription by an Operator or a User may be done in several ways:

  • upon the Operator's approval of a quote issued by Boks and mentioning the invoicing of a Subscription of any nature whatsoever (the said approval being evidenced by a return by post or email of (i) a signed quote, or (ii) a purchase order or (iii) an acceptance message); or
  • from the Application directly by the User; or
  • as part of a separate contractualisation between the Operator and Boks.

Even without the signature of a contract between the Operator or the User and Boks, a subscribed Subscription remains active subject to its termination, as described in Article 16 of these GTU. Its price will be invoiced on the basis of the recurrence corresponding to the initial term of the Subscription, unless the billing rhythm is modified as previously agreed between the parties.

Subscriptions reserved for Users are entered into for a firm term of one (1) year, and the sums paid in this respect are definitively acquired by Boks, including in the event of early termination of the Subscriptions subject to the right of withdrawal, the legal guarantees and, in the event of tacit renewal, the provisions of articles L. 215-1 and L. 241-3 of the Consumer Code reproduced below.

Subscriptions will be automatically renewed for an identical term, unless terminated by the Operator or the User at the latest one (1) month before the expiry of the term of the current Subscription, it being specified that the termination will only take effect at the end of the current Subscription.

In accordance with article L. 215-1 of the Consumer Code, Boks informs the consumer User in writing, by dedicated named letter or email, at the earliest three (3) months and at the latest one (1) month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the Subscription. This information mentions, in a visible box, the deadline for non-renewal.

When the Subscription has been concluded electronically, or when Boks offers the User, on the day of termination, the possibility of concluding contracts electronically, the User may also terminate the Subscription by means of the free functionality provided for this purpose in the Application, in accordance with article L. 215-1-1 of the Consumer Code.

Pursuant to article L. 215-4 of the Consumer Code, the provisions of articles L. 215-1 to L. 215-3 and L. 241-3 of the same code are reproduced in full below:

Article L. 215-1 of the Consumer Code: "For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated named letter or email, at the earliest three months and at the latest one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract they concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, mentions, in a visible box, the deadline for non-renewal.

Where this information has not been sent to them in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, are in this case refunded within thirty days from the date of termination, less the sums corresponding, up to that date, to the performance of the contract.

The provisions of this article apply without prejudice to those which legally subject certain contracts to particular rules regarding consumer information.

By way of exception to the first paragraph of this article, for contracts for the supply of television services within the meaning of article 2 of law no. 86-1067 of 30 September 1986 on freedom of communication and for contracts for the supply of audiovisual media services on demand, the consumer may terminate the contract free of charge, at any time from the first renewal, as soon as they change residence or their tax household changes."

Article L. 215-2 of the Consumer Code: "The provisions of this chapter do not apply to operators of drinking water and sanitation services."

Article L. 215-3 of the Consumer Code: "The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals."

Article L. 241-3 of the Consumer Code: "Where the professional has not made the refund under the conditions provided for in article L. 215-1, the sums due bear interest at the legal rate."

Thus, if they do not intend to renew their Subscription or to terminate it, the Operator must contact customer service by email at the address info@boks.app within the time limit referred to above or use the dedicated functionality on the Website or on their Boks application.

A termination confirmation email will be sent to the Operator no later than forty-eight (48) hours from their request.

Article 7. Creation of an Account on the Application and access to the Application

7.1. Creation of an Account on the Application

The User must create their Account on the Application, where applicable for the Managers, on a dedicated back-office of the Application, then, to fully benefit from the Services, log into their Account on the Application using the Identification Elements entered when creating the Account.

When the User is a natural person, the User must, in order to be able to create their Account on the Application: (i) be at least 18 years of age on the date of registration, (ii) complete all mandatory fields in the forms used to collect personal data necessary for the creation of an Account and then for the use of the Services and (iii) enter, when creating their Account, the number of the parcel Box to which they wish to have access.

When the User is a legal person, the User must, in order to be able to create their Account on the Application: (i) be legally constituted and in good standing under the law applicable to them, (ii) their representative must have all powers and qualities to sign and perform these GTU, (iii) not be in a state of suspension of payments and/or subject to insolvency proceedings, (iv) complete all mandatory fields in the forms used to collect personal data necessary for the creation of an Account, and then for the use of the Services and (v) enter, when creating their Account, the number of the parcel Box to which they wish to have access.

By completing the registration form on the Application, the User declares and warrants that they have full capacity to do so and are authorised by the Operator to create an Account (where applicable as Manager on the back-office of the Application) and to use the Services.

Likewise, the User warrants to Boks that their (personal) data is accurate, up to date and complete regarding their identity and contact details. They undertake in particular to provide an effective and valid email address of which they are the owner.

The User also undertakes to update on their Account from the Application and/or the back-office; their data, in particular personal data (in particular their email address), as soon as any of them is modified in order to maintain the accuracy of this information.

The User acknowledges that Boks reserves the right to check their (personal) data, in particular in the event of a report by third parties, notably the Operator, and to suspend or terminate the User's access to their Account or their Subscription, and thus to withdraw from them the possibility of accessing the Application and, where applicable, the parcel Box concerned and of benefiting from the Services, in the event that the User does not comply with these conditions and terms of registration and particularly if they provide personal data that is false, inaccurate, incomplete, or not updated and/or if they do not/no longer meet the qualification of User within the meaning of the GTU.

Under no circumstances may Boks be held liable towards Users and/or third parties for any error, omission or inaccuracy regarding the personal data communicated by the User during their registration or of any update made by the User.

A User may only create one account but may be registered on several parcel Boxes, each parcel Box being able to be subject to a Subscription.

7.2. Identification Elements

At the end of the process of creating their Account, the User has Identification Elements which they will have entered themselves. These Identification Elements will allow them to access their Account via the Application and thus to fully use the Services and, where applicable, to access the back-office of the Application if their admin rights allow them to do so.

The Identification Elements are strictly personal; the User undertakes to keep them confidential and not to transmit them to third parties. The User is the only one authorised to access and use the Services using their Identification Elements.

Any access to the Services with the User's Identification Elements is deemed as of right to have been carried out by the latter and under their responsibility.

Therefore, in the event of loss, theft or any fraudulent act with regard to the Identification Elements, it is the User's responsibility to inform Boks as soon as possible and to justify their identity on this occasion by any means.

Upon receipt of their duly justified notification, Boks will send the User an email allowing them to update their Identification Elements; it being their responsibility to keep them strictly confidential.

If Boks has legitimate grounds to believe that the security of the Application and/or of one or more parcel Box(es) is breached and/or that misuse of all or part of the Services is due to unauthorised use of the Identification Elements and/or Access Codes of one or more User(s), Boks may temporarily suspend access to the Account of the User concerned and, as necessary, of all User Accounts linked to an Operator, and thus their access to the Services, in order to preserve the integrity of the Application and the data, and/or of the parcel Box concerned and/or of the Goods, then, if necessary, require the User to modify all or part of the Identification Elements according to its instructions.

Article 8. Price

The Services, with the exception of those expressly identified as paid or reserved for holders of a Subscription, are free.

Where applicable, the Services may include the migrations of the products of the former company Boks (corporate name Konsigne Siren 833364318) to the new IT infrastructures of Boks; they are paid and are non-refundable.

To benefit from the Services, the User must be authorised by an Operator.

The price of the Subscription (the "Price") is indicated in euros excluding taxes (VAT and other applicable taxes) on the Application and/or on the quote or invoice issued by Boks to the Operator, and/or on the contract that may possibly be signed between Boks and the Operator.

Payment of the Price of the Subscription is made annually by bank card, transfer or SEPA direct debit.

The User and the Operator acknowledge and accept that the Price of the Subscription does not take into account the possible costs of connection to the Internet nor the ancillary costs - which in all cases remain the responsibility of the User, in full - nor even the price of the order and/or delivery of the Goods.

Boks reserves the right to modify its prices at any time.

In the event of a modification of the Price of the Subscription, this modification will be effective from the renewal of the Subscription by the User or the Operator having taken over the payment, being informed of this modification at the latest seven (7) days before the renewal of their Subscription.

Article 9. Prerequisites

9.1. Excluded Goods

The User declares and warrants that they do not use the parcel Box for the following goods:

  • Goods that must be handed over by the carrier against the User's signature;
  • goods which, by their nature and/or their packaging, may present a danger, or harm the environment, except everyday consumer products, such as, and without this list being exhaustive, weapons or devices intended to explode by modification of the structure of the atomic nucleus, fuels, including nuclear, radioactive products or waste, or by any other source of ionising radiation or in connection with the supply of goods or services concerning a nuclear installation, or directly affecting a nuclear installation;
  • intrinsically unlawful goods such as, and without this list being exhaustive, goods whose transport and/or possession and/or offer and/or transfer and/or acquisition and/or use are prohibited by law;
  • goods whose sending and/or receipt is unlawful due to the status of the sender and/or the recipient such as, and without this list being exhaustive, goods whose possession and/or offer and/or transfer and/or acquisition and/or use by a specific person is prohibited due to a legal, regulatory or contractual provision (tobacco or alcohol to minors, health products requiring a medical prescription for example);
  • goods whose transport or possession can only be carried out by a regulated profession or involve the possession of specific documents, such as, and without this list being exhaustive, jewellery and watchmaking articles, precious stones and metals, coins, currencies, banknotes and financial securities, bearer securities or means of payment and in particular commercial paper, gift vouchers, telephone cards or equivalents, as well as, in general, any paper document or other medium subject to the legality of the transport of funds and allowing a fungible payment to be made, or any means of payment such as a bank card and/or credit card; or, again in a non-exhaustive manner, ammunition, gases, flammable, radioactive, toxic, infectious or corrosive materials;
  • animals as well as living or dead human beings, including all or part of their bodies and/or organs and/or derived from the body (blood, urine, etc.) or products of human origin or of biosynthesis derived directly from products of human origin, in particular intended for therapeutic or diagnostic operations on the human being;
  • responses to calls for tenders, pre-qualification files in the context of the award of contracts and examination papers;
  • goods containing personal data contrary to the provisions of amended law no. 78-17 of 06 January 1978 "Informatique et Libertés" and to the European Regulation 2016/679 on data protection;
  • goods related to the User's status as owner or operator of an aerodrome or airport or heliport, or related to air or nautical events, including their preparatory exercises, or to events of motorised land vehicles (and their trials) subject to declaration or authorisation from the public authorities and for which the User is responsible as organiser or competitor;
  • goods made of asbestos or lead or other material dangerous to people's health;
  • goods whose value exceeds two hundred (200) euros;
  • works and/or services of the User that they have had carried out on their behalf on a part of an aircraft or a spacecraft or on or in aircraft or spacecraft, including in this respect the fuelling, or products delivered and/or designed by the User or on their behalf and intended, to their knowledge, to be incorporated into aircraft or spacecraft or to equip them.

9.2. Limits of the parcel Box

The User declares and warrants that the Goods they wish to transit through the parcel Box have dimensions and a weight compatible with the dimensions of the parcel Box made available to them by the Operator.

9.3. Pairing of the parcel Box

The use of the Services is subject to the prior installation of the parcel Box and may be subject, on Boks' instruction, to pairing by the User who must physically go near the parcel Box with their Terminal and then follow Boks' instructions, where applicable via the Application.

Article 10. Description of the Services

Boks makes available to Users, through the Application and from the parcel Box, access to certain Services exhaustively listed below:

  • access to the Application;
  • service for generating an Access Code;
  • use of the parcel Box under the conditions of article 12 below;
  • notifications sent to the User allowing them to be informed when the parcel Box contains Goods intended for them, by email and/or notification generated by the Application;
  • opening of the parcel Box via Bluetooth using the User's Terminal on which the dedicated Application is installed;
  • establishment and provision of a history of events relating to the delivery of Goods in the parcel Box containing the dates and times of deliveries of Goods and the dates and times of collections of Goods;
  • access via the Application to a dedicated messaging service allowing the User to exchange with the other Users connected to the same parcel Box;
  • access to a customer area on the Application.

All the Services provided by Boks and made available to the User following the opening of an Account are also detailed on the Application.

Article 11. Use of the parcel Box

The User has the possibility from the Application to generate a temporary Access Code which they will communicate as part of their delivery information at the time they place the order for the Goods they wish to have delivered in the parcel Box or in any delivery instruction requests received from the carriers. This temporary Access Code will allow the carriers to open the parcel Box and to deposit the Goods to be delivered therein.

The User must also enter in the Application, where one exists and where this number can be recorded on the Application, the delivery tracking number of their Goods, as soon as this number has been communicated to them by the carrier and/or the sender of the Goods.

The User may thus communicate this Access Code to a trusted third party allowing the latter to access the parcel Box and, where applicable, to deliver or collect Goods therein.

In the event of the creation of a permanent-use or temporary fixed-use Access Code, the User acknowledges (i) that the communication of this Access Code on their part will be done at their own risk and under their sole responsibility and (ii) that Boks may under no circumstances be held liable nor may any complaint be made to Boks concerning the use of this Access Code to access the parcel Box.

From the moment the User (i) has an Account, and (ii) decides to provide an Access Code, whether to a merchant site or directly to a company specialising in delivery services, and whether in writing (via the merchant site's delivery address form for example, or by SMS to a delivery person) or orally (for example by telephone to a delivery person), the latter accepts as a matter of fact that their Goods or parcels be delivered to them in the parcel Box linked to their Account. Thus, a company specialising in delivery services will not need to request special authorisation from the User to deposit a parcel for them in the parcel Box linked to their Account, relying on the fact that, under these GTU, the provision of an Access Code has the value of a release of liability for any incident that may happen to a parcel after its delivery in the parcel Box.

The User may also access the parcel Box via Bluetooth using the Application to deposit or collect Goods therein.

Any access to the Services with the User's Access Code is deemed as of right to have been carried out by the latter and under their responsibility. Boks may under no circumstances be held liable for the use that will be made of the Access Code.

The User is solely responsible for the activation and/or deactivation of an Access Code and for the consequences of such activation and/or deactivation towards third parties.

As an essential and determining condition, it is recalled that access to and use of the parcel Box may be shared with other Users. Also, various Goods other than those intended for and/or belonging to a specific User may be present in the parcel Box.

Under these conditions, each User is solely and entirely responsible for the use that will be made of the parcel Box using the Access Code they will have accessed and/or generated and shall hold harmless Boks and, where applicable, any other User from any complaint (from a third party and/or another User) regarding the use that may be made of the parcel Box using this Access Code and/or, on the contrary, the impossibility of accessing the parcel Box due to the use of a deactivated Access Code.

Therefore, in the event of loss, theft or any fraudulent act with regard to the Access Code, if it is a permanent-use code, it is the User's responsibility to render this Access Code unusable by contacting Boks customer service.

Each opening of the parcel Box is necessarily attached to a specific User (either from the Access Code they will have generated, or from their Terminal) and each User may have access to a history of the openings of the parcel Box by the other Users, under the conditions of the Privacy Policy.

In the event of impossibility to use the parcel Box for technical reasons, the User may contact the Manager to access the parcel Box.

Article 12. Messaging

Any User of a "shared" parcel Box may contact all the other Users using the same parcel Box (without the possibility of private messages) by using the messaging service made available to them on the Application, while being logged into their Account.

Boks may communicate all or part of the messages exchanged using the messaging service at the request of a competent judicial or administrative authority.

In this respect, the User is informed, acknowledges and accepts that Boks has a permanent right of access to the messages exchanged between the Users, in particular of a report made by a User linked to non-compliance with these GTU.

The User undertakes to use the messaging service only for the purpose of exchanging correspondence relating to the use of the Services and the parcel Box.

The user consequently undertakes not to:

  • disseminate unlawful content on the messaging service, in particular which would infringe the rights of third parties, violate an applicable law, in particular the Law of 29 July 1881 on freedom of the press, and/or constitute the counterfeiting or violation of any intellectual property right, know-how, business secret, or personality right of a third party (privacy, image rights, etc.), as being liable to be subject to any action for unfair competition and/or parasitism as more generally an action for liability;
  • disseminate content on the messaging service inciting hatred or violence, threatening, of a pornographic nature, for the purposes of procuring, paedophilia, computer hacking or proselytism or containing nudity or gratuitous violence, as more generally an action for liability;
  • improperly request or obtain the login information and/or access an Account belonging to another User;
  • use the messaging service to send unsolicited or unauthorised emails ("spamming"), acts of intrusion into computer systems;
  • intimidate and harass other Users;
  • disseminate content on the messaging service relating to official documents or financial information concerning themselves or others;
  • disseminate content on the messaging service to promote third-party content and/or organise events related to alcoholic beverages or for adults without age-related access restriction;
  • propose contests or lotteries ("promotions"), without the prior written consent of Boks;
  • allow and encourage non-compliance with any of the provisions of these GTU.

As anywhere else, courtesy constitutes a basic rule in all electronic exchanges carried out using the messaging service.

Article 13. Access to and availability of the Services

Boks makes its best efforts to make its Services available 24 hours a day and 7 days a week, independently of the maintenance operations of the said Services and/or the Application.

When the installation or maintenance of a Product or a Service cannot be carried out due to the Customer, the User or the Operator, in particular in the event of unfinished works, non-compliant or unrealised embedding reservation, impossibility of access to the site, or hindrance by an occupant of the premises, Boks invoices, beyond the first attempt, a fee for a further visit of a fixed amount of five hundred (500) euros excluding taxes per additional trip.

For all useful purposes, it is specified that the notifications generated by the Application may be so with a time lag due to the connectivity of the parcel Box.

However, Boks reserves the right to interrupt access to all or part of the Services and/or the Application and/or the parcel Box for maintenance and/or improvement works. These interruptions of the Services and/or the Application and/or the parcel Box will be, as far as Boks is able, notified in advance to the User, in particular by the dissemination of an alert message on the Application. In case of urgency, Boks nevertheless reserves the right to suspend partially or totally, for a reasonable period, all or part of the Services and/or the Application and/or the parcel Box to conduct any required technical operation. These interruptions of the Services and/or the Application and/or the parcel Box may not give rise to any compensation in favour of the User but may possibly give rise to a right to early termination under the conditions of article 16.2.

In this respect, Boks is bound by an obligation of means.

In the event of a problem relating to access to or availability of the Services, the User may report the problem to the Manager if there is one and/or directly contact Customer Service to inform Boks.

Article 14. Warranties – Liabilities

14.1. Warranties of the User

By accessing the Application and the parcel Boxes, the User declares, warrants and undertakes to:

  • comply with these GTU and, where applicable, pay the entirety of their Subscription without making a bank stop payment thereon;
  • access and use the Application and/or the parcel Box and/or the Services in good faith, in a reasonable, non-fraudulent manner and not contrary to the terms of these GTU;
  • not use devices or software other than those provided by Boks intended to i) affect or attempt to affect the proper functioning of the Application and/or the parcel Box and/or the Services ii) or to extract, modify, consult, even in buffer or temporary memory, or for individualised use, all or part of the Application and/or the parcel Box and/or the Services;
  • not access and/or use the Application and/or the parcel Box and/or the Services for unlawful purposes and/or contrary to the law and/or with the aim of causing harm to the reputation and/or image of Boks and/or another User, or more generally to infringe the rights, in particular intellectual property rights, of Boks and/or another User and/or third parties;
  • not market directly or indirectly the Services and/or access to the Application and/or the parcel Box and/or the Services;
  • not limit access to and use of the Application and/or the parcel Box and/or the Services;
  • not modify, including in buffer or temporary memory, any mention of the Application and/or the parcel Box and/or the Services;
  • ensure that the use of the Application and/or the parcel Box and/or the Services does not affect or compromise the stability, security and quality of the Application and/or the parcel Box and/or the Services, the networks, the bandwidth, or the infrastructures of Boks and/or another User and/or third parties;
  • not contravene the provisions of articles 323-1 to 323-7 of the Penal Code punishing the so-called "hacking" practices;
  • not create several Accounts; if Boks deletes the Account in the event of non-compliance with these GTU under the conditions hereof, the User undertakes not to create another Account without prior authorisation from Boks;
  • not use the Application and/or the parcel Box and/or the Services by usurping the identity of a third party, including a legal person (such as Boks) or another User or by asserting, wrongly, to legally or otherwise represent a third party including a legal person (such as Boks) or another User;
  • cease using the Application, the Services, the parcel Box and inform Boks as soon as they no longer meet the qualification of User within the meaning of the GTU.

In the event of a breach of any of these obligations, without this list being exhaustive, the User is informed that Boks will have the option to refuse or suspend, unilaterally and without prior notice, access to all or part of the Application and/or the parcel Box and/or the Services and to suspend, where applicable, access to their Account.

14.2. Warranties of Boks

Boks makes available to the User, through the Application, access to certain Services exhaustively listed in these GTU, relating where applicable to the parcel Box.

Boks does not intervene in the relations between Users and/or between Users and third parties relating to the Goods. Boks is also not responsible for the delivery of the Goods. Boks limits itself to allowing the opening and closing of the parcel Box under the conditions of these GTU and notwithstanding the ancillary Services that may be offered.

Also, the User accepts without reservation that if Boks' liability were to be engaged directly or indirectly in its capacity as technical intermediary, by any person or entity whatsoever, Boks reserves the right to take, promptly and as of right, any administrative and/or technical measure, including with regard to the User, allowing it to safeguard its interests and/or to comply with the obligations incumbent upon it and in particular and without this list being exhaustive, a suspension of the Services, an early termination of the GTU, etc.

14.3. Advertising

Boks reserves the possibility of disseminating advertising or promotional messages on the Application, including as part of the Services.

14.4. Limitation of liability

The User is solely responsible for the use they make of the Application and/or the parcel Box and/or the Services.

Boks may under no circumstances be held liable in the context of administrative or judicial proceedings brought against the User who is guilty of a non-compliant use of the Application and/or the parcel Box and/or the Services.

The User acknowledges and accepts in this respect that they will personally deal with any complaint or proceedings brought against Boks, due to their non-compliant use of the Application and/or the parcel Box and/or the Services.

The Application may contain hypertext links pointing to third-party websites.

In this respect, given the evanescent nature of the content that may be disseminated on the websites to which the said hypertext links point, Boks may not be held liable in the event that the content of the said third-party websites contravenes the legal and/or regulatory provisions in force.

In any event, Boks may not be held liable:

  • in the event of unavailability of the Application and/or the parcel Box and/or the Services for reasons such as the failure of the public electricity network, the failure of the cabled telecommunications networks, the loss of connectivity to the Internet network due to public or private operators, in particular the User's, for whatever cause, in particular strikes, storms, earthquakes or any other cause having the characteristics of force majeure;
  • in the event of use of the Application and/or the parcel Box and/or the Services by any User under conditions non-compliant with the terms of these GTU;
  • within the limits of the legislation in force, for any indirect damage including in particular loss of profit, of data or any other loss of intangible or material property, and this even if Boks has been informed of the potentiality of such damage that may arise (i) from the use or the impossibility of using the Application and/or the parcel Box and/or the Services or (ii) following access to the Application and/or the parcel Box and/or the Services by an unauthorised user.

Boks may not be held liable for any malfunction of any nature whatsoever relating to the User's computer hardware, in particular the Terminal, as well as to their Internet access connection, when accessing the Application and more generally the Services.

More particularly, Boks may not guarantee the User of the Services against problems of speed of access to the Application and/or the Services and/or of buffer memory speed of the Terminal of the User of the Services that the User may encounter.

Boks declines all liability as to the lawfulness and legality and/or reliability and/or relevance and/or content and/or condition of the Goods, of which it has, at no time, knowledge, control or possession.

Within all the limits permitted by law, in particular subject to the specific provisions of the Consumer Code, the User must indemnify, defend and hold Boks harmless for any claim, liability, damages, losses and judgments (including litigation costs, expenses and reasonable legal fees) that may be incurred, caused or recovered by a third party, resulting from the operation of the performance, the poor performance or the non-performance by the User, of the GTU and/or the parcel Box and/or the Services and/or the Application.

Within all the limits permitted by law, in particular subject to the specific provisions of the Consumer Code, as an essential and determining condition of Boks' consent, as an essential and determining condition of Boks' consent, if Boks' liability were to be retained, the User may not claim, per year of performance, any other indemnities and damages or any settlement whatsoever, all causes and damages combined, beyond the amount invoiced per year of performance under the Subscription, and this for all losses and damages combined.

Within all the limits permitted by law, in particular subject to the specific provisions of the Consumer Code, as an essential and determining condition of Boks' consent, the User irrevocably acknowledges that Boks' liability may not be engaged for indirect and/or consequential damages, such as loss of profits, loss of revenue, loss of commercial opportunities, loss of Goods, loss of reputation, loss of capitalisation notably stock market, increase in operational or non-operational costs including the supply costs of third parties, operating losses in the accounting sense of the term, loss of productivity, of contracts, of image, of margin, of data, of files, the non-realisation of expected savings or gains.

Within all the limits permitted by law, in particular subject to the specific provisions of the Consumer Code, Boks' liability must be engaged by the User within one (1) year following knowledge of the event giving rise to the alleged damage for whatever cause.

Article 15. Suspension and/or termination of the Services

15.1. Termination and/or suspension for fault

In the event of use of the Services and/or the parcel Box and/or the Application by the User in contravention of the terms of these GTU, and in particular if the User no longer meets the criteria for the qualification of User within the meaning of the GTU, the latter acknowledges and accepts that Boks will have the option to suspend access to all or part of their Subscription, the Services, the Application and/or the parcel Box or even to terminate, as of right and at the exclusive fault of the User, their Subscription, their Account, the Services and these GTU after formal notice to remedy the breach that has remained without effect for eight (8) days; termination may however take place without delay in the event of serious breach or fraud.

Any suspension and/or termination at the exclusive fault of the User will not entail any compensation and/or refund for the benefit of the latter, without prejudice to any damages to which Boks may be entitled.

In the event of default of payment, including by cancellation or repudiation of their payment, Boks will notify the Operator and/or User thereof, enjoining them to regularise the situation within fifteen (15) days, at the end of which Boks may terminate, as of right, the User's Account and the GTU, at the exclusive fault of the latter.

For the purposes of control and maintenance of security and in order to avoid the alteration of the security of the systems and infrastructures, Boks may carry out targeted and occasional monitoring operations relating to the use of the Services and/or to the qualification of User and, where applicable, interrupt access to the Services in the event of use non-compliant with these GTU.

15.2. Termination for convenience

The Services, with the exception of those reserved for holders of a Subscription, being free and of indefinite duration, the User may terminate them at any time, free of charge.

The User is also informed that, the installation of the parcel Box being subject to a separate contract between the Operator and Boks and also subject to external contingencies relating to its installation, Boks may end the Services subject to reasonable notice, except in case of urgency or force majeure, in particular in cases identified in the contract between the Operator and Boks and of which it is the Operator's responsibility to inform the Users.

Boks and/or the Operator will then, where applicable, refund the Users pro rata to their Subscription.

The other Users may not benefit from any compensation and/or may not suffer any harm due to the end of the Services made available to them free of charge.

15.3. Effects of the end of the Contract

Any end of the GTU, whatever the cause, may not affect the rights and responsibilities acquired or, where applicable, the payments due, nor the entry into force or the maintenance of all the stipulations of these GTU, for which it is expressly or implicitly provided that they will remain or will come into force at the end of the GTU, and in particular the clauses:

  • Warranties – Liabilities
  • Intellectual property
  • Personal data

In the event of the end of the GTU, whatever the cause, the User will deal with ensuring that no more Goods are present in the parcel Box and/or must be delivered therein and/or must be collected therein.

When a Customer, a User or an Operator requests Boks for the recovery of equipment installed as part of the Services, and in particular of a HUB made available on rental, the corresponding dismantling costs are fixed at the fixed sum of one thousand (1,000) euros excluding taxes, invoiced by Boks.

15.4. Force majeure

Boks' liability may not be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French Courts, and in particular natural disasters, fires, malfunction or interruption of the telecommunications network or the electrical network.

Article 16. Intellectual property

16.1. Copyright on the Application

Boks is the holder or the licensee of the intellectual property rights of both the general structure of the Application and its content (texts, slogans, graphics, images, videos, photos, programs and other content), including the Services. Therefore, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Application and/or the Services, by any process whatsoever and on any medium whatsoever, without the express and prior authorisation of Boks, is prohibited and constitutes acts of copyright infringement.

Likewise, any unauthorised exploitation of the Application and/or the Services engages the criminal and civil liability of the User on the basis of copyright infringement.

The User acknowledges and accepts that access to the Application and/or the Services and/or the parcel Box made available by Boks may not entail any assignment or concession of intellectual property rights for the benefit of the User.

Access to the Application, the Services and the parcel Box is exclusively limited to the private and personal use of the User under the conditions and limits defined in these GTU

16.2. Distinctive signs

The trademarks, logos, corporate names, acronyms, trade names, signs and/or domain name of Boks and/or its commercial partners mentioned on the Application, allowing access to the Services made available by Boks, constitute distinctive signs that cannot be used without the express and prior authorisation of their holder.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of corporate name, trade name and domain name engaging the tortious civil liability of its author.

16.3. Hypertext links

The hypertext links accessible on the Application and/or as part of the Services, towards other websites and, in general, towards all resources existing on the Internet, may not engage the liability of Boks.

The User may under no circumstances set up hypertext links to deep pages of the Application, allowing access to the Services, and this, by any technical process intended to bypass the identification field or to carry out the scraping of all or part of the content of the Services made available by Boks.

The technique of "framing" is prohibited, except with the express and prior authorisation of Boks.

16.4. Databases

The User irrevocably acknowledges that the Application and the Services, including the structure and/or the organisation of the Users and their data, notifications, delivery histories of the Goods, are constituted of one or more databases made available to the Users by Boks in its capacity as producer of the said databases within the meaning of the provisions of articles L.341-1 et seq. of the Intellectual Property Code.

Therefore, in accordance with the provisions of article L. 342-1 of the same Code, the User refrains from carrying out:

  • the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Application and/or the Services, onto another medium, by any means and in any form whatsoever, including for purposes of use or consultation by a medium and/or process(es) not authorised by Boks;
  • the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Application and/or the Services, in whatever form, including by a hypertext link, a medium and/or process(es) not authorised by Boks;
  • the constitution, editing, maintenance, updating, importing, exporting, making available to third parties, free of charge or for a fee, and participation in the aforementioned acts, of a competing database derived from all or part of one or more of Boks' databases;
  • the display on a screen by a process or medium other than those by which Boks intends to disclose the Application and the Services, including the structure and/or the organisation of the databases concerned;
  • in general, any extraction, use, storage, reproduction, representation or preservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial, of the content of one or more of Boks' databases, committed by one of the processes referred to above is strictly prohibited, including by a medium not authorised by Boks.

Article 17. Protection of personal data

The information collected as part of the subscription to the Services and more generally processed by Boks in its capacity as data controller is recorded in a computerised file by Boks, for the following purposes: the management and processing of the Services and the management of the commercial relationship with the Customer, as well as: loyalty and commercial prospecting actions.

The legal basis of the processing is the performance of the contract concluded with the Customer and, for prospecting, the legitimate interest of Boks.

The data collected will be communicated only to the following recipients: the departments of BOKS authorised to be aware of it, as well as the providers involved in the performance of the Services (hosting, SaaS, maintenance, etc.).

The data is kept for the entire use of the Services and, failing that, for a period of five years from the last contact with the Customer.

The Customer may access the data concerning them, rectify it, request its erasure or exercise their right to the limitation of the processing of their data. The Customer may also exercise their right to the portability of their data.

The Customer is invited to consult the cnil.fr website for more information on their rights.

To exercise these rights or for any question relating to the processing of their data in the context of the Order, the Customer may contact BOKS customer service: 8 rue Réaumur, 75003 Paris – info@boks.app.

If the Customer considers, after having contacted BOKS, that their "Informatique et Libertés" rights are not respected, they may address a complaint to the CNIL.

The personal data of the User which is collected and processed by Boks, in its capacity as processor in accordance with the Data Processing Agreement, accessible here https://www.boks.app/pages/dpa and which forms an integral part of these GTU.

Article 18. Miscellaneous provisions

18.1. Correspondence - Proof

Unless otherwise provided in these GTU, the correspondence exchanged between Boks and the User is mainly ensured by email and/or by written telephone message.

Pursuant to articles 1366 et seq. of the Civil Code, the User acknowledges and accepts that the information delivered by Boks by email and/or by written telephone message and/or by the Services and/or the Application constitutes proof between them and Boks.

The information and notifications sent to the User to inform them of the Goods deposited for their attention in the parcel Box will constitute proof as a priority as appearing on the Application and the Account of each User, or as authenticated by Boks' computerised procedures, unless written and contrary proof is provided by the User.

The scope of the proof of the information delivered by the Application is that granted to an original document within the meaning of a written paper document signed by hand.

18.2. Entirety of the GTU

These GTU express the entirety of the obligations of Boks and the User. The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to herein may not be interpreted for the future as a waiver of the obligation in question.

18.3. Partial Invalidity

In the event that one or more stipulations of these GTU are considered null, deemed unwritten or declared as such pursuant to a law, a regulation or following a decision of a competent court having authority of res judicata as a last resort, the other stipulations will retain all their force and scope and will remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance called into question the contractual balance.

18.4. Headings

In the event of difficulties of interpretation between one of the headings appearing at the head of the clauses of these GTU, and one of the clauses, the headings will be declared non-existent.

18.5. Non-waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations may not be interpreted for the future as a waiver of the obligation in question.

No waiver may be invoked against the Seller without a formal writing signed by one of its official managers.

When a Subscription or any other Service is offered to the Customer for an initial period that is free or not invoiced, in particular as part of a trial or a promotional offer, the Seller resumes the invoicing of the said Subscription or Service under the pricing conditions in force at the end of this period, unless terminated by the Customer before its term.

Article 19. Applicable law and dispute resolution

These GTU are subject to French law.

In the event of a serious or persistent difficulty in the application or interpretation of the GTU, Boks and the User decide to attempt to resolve amicably the dispute between them.

In accordance with articles L. 612-1 et seq. of the Consumer Code, the consumer User has the right to use free of charge a consumer mediator with a view to the amicable resolution of any dispute between them and Boks, after a prior written complaint has remained unsuccessful.

Contact details of the consumer mediator to which Boks is affiliated:

SAS Médiation Solution Consommation
222 chemin de la Bergerie, 01800 Saint Jean de Niost
Tel. 04 82 53 93 06
Email: contact@sasmediationsolution-conso.fr
Site: https://sasmediationsolution-conso.fr

The consumer User may also, in accordance with article R. 631-3 of the Consumer Code, refer the matter either to one of the courts territorially competent under the code of civil procedure, or to the court of the place where they resided at the time of the conclusion of the contract or of the occurrence of the damaging event.

In the event that the User is not a consumer, the interpretation, validity and performance of these GTU, and failing an amicable agreement between the Parties, fall within the express jurisdiction of the Court of Economic Activities of Paris.