Terms and Conditions of Use

Terms and Conditions of Use

Preamble

The website ‘colisprive.be’ provides Internet users with a presentation of the parcel delivery activity of the company Colis Privé Belgique (registered with the Crossroad Bank for Enterprises under the number 0764 487 385) and various Services. 

1. Definitions

In these General Terms and Conditions of Use, the words or expressions below, reproduced with or without capital letters, in the singular or plural, shall have the following meanings: 

‘GTCU’: These General Terms and Conditions of Use;

‘Customer’: Legal entity having subscribed to a commercial offer for parcel delivery from Colis Privé Belgique; 

‘Parcel’: Box, envelope, pouch, or bag (a ‘single parcel’) handed over by the Customer containing one or more item(s);

‘Delivery Partner’: Carrier to whom Colis Privé Belgique entrusts a parcel delivery service;

‘Website’: Web portal accessible at https://www.colisprive.be;

‘User’: Any person who connects to a page of the Website or browses the Website; 

‘Services’ All services accessible to Users on the Website; 

‘Account’: Individual account reserved for Customers and Delivery Partners, created by Colis Privé Belgique following the subscription of a contract with the latter, allowing them to access dedicated services and their personal information; 

‘User name’: Email address that a User Customer or Delivery Partner has chosen to associate with their Account and which, together with their Password, allows them to log into their Account;

‘Delivery’: Physical handover of a Parcel to the recipient;

‘Password’: A string of characters chosen by the User Customer which, associated with their Identifier, allows them to log into their Account;

‘Private Individuals Area’: An area accessible to any User, without prior Account creation;

‘E–tailer Area’: Area reserved for Customers, accessible after connecting to their Account; 

‘Delivery Partner Area’: Area reserved for Delivery Partners, accessible after connecting to their Account; 

Use’: Any connection to and browsing of the Website by the User.

2. Purpose

The purpose of the GTCU is to frame the terms of access to and use of the Website’s Services by the User. 

3. Acceptance and amendment

3.1 Any use of the Website implies acceptance without restriction or reservation of all the GTCU. The User is presumed to have read them from the first Use. 

The non-acceptance of the GTCU by the User will require them to immediately cease using the Website. 

The non-acceptance of the GTCU by the User will require them to immediately cease using the Website.

3.2 The GTCU may be modified, without notice and at any time, by Colis Privé Belgique.

4. Access to the Website and Services

4.1  The use of the Website and the provision of an Account are free of charge (excluding the cost of Internet connection, which remains the responsibility of the User).

4.2  The advantage of an Account is reserved for Customers and Delivery Partners. It allows them to access dedicated Services and their personal information through the E-tailer Area or the Delivery Partner Area. The Customer User or Delivery Partner must be the only ones to use their Account.

4.3 Colis Privé Belgique reserves the right at any time to modify or update the Website and to add, modify or delete Services.

4.4 Colis Privé Belgique reserves the right, without its liability being incurred and without this entitling it to the payment of damages, to suspend or close, without notice, the Account of the User Customer or Delivery Partner who does not comply with the GTCU.

In the event of termination of the contract concluded between Colis Privé Belgique and a Delivery Partner or a Customer, the Account will be closed after a period of 30 days from the date of termination of contract.

The suspension or closure of the Account will result in the impossibility of accessing all or part of the Website and the Dedicated Services.

5. Overview of Services

5.1 Services available without prior Account creation

The following Services are available free of charge on the Website, without the need to create a Colis Privé Belgique Account:

  • Access the presentation of Colis Privé Belgique’s activity and news;
  • Track a Parcel by entering a Parcel number and its postal code;
  • Reschedule a Delivery;
  • File a complaint;
  • Complete a contact form to join Colis Privé Belgique as a Customer or Delivery Partner;
  • Complete a contact form to send in a spontaneous application;
  • Consult the help section to access the ‘FAQ’; 
  • Consult the information section, which provides access, in particular, to the legal notices, the confidentiality and cookie policies as well as the General Terms and Conditions of Use of the Website.

5.2 Services available after creating an Account

The following Services are accessible free of charge in the E-tailer Area and in the Delivery Partner Area after creating a Colis Privé account.

In the E-tailer Area:

  • Track Parcels;
  • Track complaints;
  • File complaints;
  • File disputes;
  • Communicate with the agency / customer services;
  • Modify the delivery details of a Parcel;

In the Delivery Partner Area:

  • Track distribution;
  • Consult delivery/route information;
  • Manage sectoring;
  • Manage delivery drivers/routes;
  • Organise/optimise delivery;
  • Monitor quality assessment;
  • Retrieve consignment note/delivery inquiry.

6. User obligations

6.1  The User undertakes to comply with the GTCU, laws and regulations in force and not to use the Website for purposes other than those for which it was designed.

6.2  The User undertakes to comply with the instructions, guidelines and warnings displayed on the Website. They are solely responsible for their use of the Services.

6.3 The User guarantees that the information they provide is accurate, sincere, truthful, and does not infringe public morals, public order or the rights of third parties.

6.4  The User is solely responsible for providing erroneous, fraudulent information, or misusing the Website and the Services. They undertake to inform Colis Privé Belgique, without delay, of any errors, faults, or irregularities they notice in the use of the Services.

6.5 The User is prohibited from: (i) carrying out any act likely to interrupt, suspend, slow down or prevent the operation of the Website and the Services, (ii) carrying out any intrusion or attempted intrusion into the computer systems of Colis Privé Belgique, (iii) carrying out any diversion of resources of any kind belonging to Colis Privé Belgique (iv) failing to comply with the GTCU, instructions, guidelines, warnings, recommendations given by Colis Privé Belgique via the Website or received by email, (v) infringing on the privacy and intellectual property rights of third parties, (vi) posting erroneous or illegal messages, information or data online, (vii) making, by any means, inappropriate, disrespectful or abusive remarks or to act in an inappropriate, disrespectful or abusive manner.

7. Colis Privé Belgique’s obligations

7.1 Colis Privé Belgique undertakes to provide the Services diligently.

7.2 Colis Privé Belgique undertakes to make its best efforts to keep the Website accessible 24 hours a day, 7 days a week, but may exceptionally and temporarily interrupt access for maintenance, updates, any other technical reason or force majeure within the meaning of Article 1148 of the Civil Code, without this engaging its liability and without giving rise to compensation. Colis Privé Belgique undertakes to take all useful measures to limit the duration of these disturbances.

7.3 Colis Privé Belgique will attempt to provide a satisfactory response within a reasonable time to Users who have sent it a written complaint.

8. Intellectual Property

8.1 The contents and more generally all elements appearing on the Website are protected by intellectual property rights and are the exclusive property of Colis Privé Belgique and/or its partners.

8.2  The trademarks and logos on the Website are protected trademarks of Colis Privé Belgique and/or its partners. Any reproduction or use of these trademarks is strictly prohibited without the express prior authorisation of Colis Privé Belgique.

8.3 No license or other right to use any intellectual property right is granted to the User.

8.4 Any unauthorised use, reproduction or adaptation of all or part of the Website is likely to engage the liability of its author for infringement.

9. Liability

9.1 The User is solely responsible for any damages they may cause to Colis Privé Belgique due to non-compliance with the GTCU.

9.2 Colis Privé Belgique shall in no event be liable for: (i) the actions of Users or their use of the Services, (ii) incorrect or misleading information provided by Users, (iii) temporary interruptions of access to the Website and Services carried out to improve their quality or beyond its control, (iv) third-party websites and mobile applications, partners or advertisers advertised on the Website, (v) the suspension or closure of an Account as described in Article 4.4.

10. Miscellaneous

If any provision of the GTCU is declared null and void, it shall be deemed unwritten but shall not invalidate the other provisions.

11. Dispute

In the event of a dispute regarding the execution of these terms and conditions, the User shall first address a written complaint to Colis Privé Belgique.

  • By mail to the following address: Colis Privé Belgique, for the attention of Customer Services, 56 avenue des Arts, 1000 Brussels

If this attempt at an amicable resolution fails, any disputes or litigation relating to the interpretation, execution, or termination of the GTCU shall be subject to the exclusive jurisdiction of the courts of Brussels.

12. Applicable Law

The GTCU are governed by Belgian law.

Effective date: 02 August 2024.