General Conditions of Sale and Use of the Website
1. Scope of application of the General Conditions of Sale
The present General Terms and Conditions of Sale (hereinafter the « Terms ») apply, without restriction or reserve, to all sales concluded by nicelocker S.A.S (Simplified Joint Stock Company, with capital of EUR 25,000.00 registered with the Nice RCS under number 981 573 520 with its headquarters at 5, place Ile de Beauté – 06300 Nice) operating under the licence CITY-LOCKER Nice® (« the Provider ») with a buyer (« the Customer »), on the website nice.city-locker.com (« Website CITY-LOCKER Nice® » or the « Website ») wishing to acquire the services offered for sale by the Provider (« the Services »). They specify in particular the conditions of order, payment, delivery and management of eventual returns of the Services ordered by Customers.
The Website nice.city-locker.com is a website on which the Company nicelocker S.A.S offers a paid online reservation service for luggage lockers.
The present general terms and conditions of sale (Terms) only concern reservations made and paid for online on the Site by the Customer as part of the online reservation service.
2. How to reserve on the Website CITY-LOCKER Nice®
2.1 Requirements before the reservation can be accepted
By ticking the relevant box, the Customer fully accepts the Terms. Otherwise, it will not be possible to continue with the reservation if the Terms are not accepted. By reserving one or more lockers on the Site, the Customer implicitly acknowledges having accessed all the information necessary on the nature and provisions of this service.
The Customer must be at least 18 years old, legally capable of contracting with and using this Website in accordance with the Terms in force on the date of reservation confirmation. The Customer attests to the truthfulness and accuracy of all the information communicated to CITY-LOCKER Nice® as part of the reservation and, in this respect, guarantees the Company nicelocker S.A.S against any action or claim by a third party concerning the illicit or fraudulent data use by another person in the context of the use of the Services.
2.2 Online reservation procedure
The Customer must fill in the mandatory fields of the booking form online.
The Customer must check, correct, modify or confirm the information given and, then, validates or cancels his reservation.
The Customer must accept without reservation the Terms of the Website CITY-LOCKER Nice®.
The Customer must confirm the reservation by filling in and confirming their selected payment information. The possible secure payment methods are: Credit cards (Visa/Mastercard/Amex), Apple Pay, Paypal, Bancontact and iDeal.
The contract thus concluded online by the Customer on the Website CITY-LOCKER Nice® becomes firm and definitive between the Customer and the Company nicelocker S.A.S.
2.3 Sending Locker Unlock Codes
The Company nicelocker S.A.S will then send an email and/or SMS confirmation of the reservation with the codes necessary to use the locker(s) reserved on the Website. This confirmation email and/or SMS is sent to the email address and mobile phone number provided by the customer in the reservation form.
2.4 Modification, transfer or cancellation of a reservation
The Customer is responsible for the information provided and must verify its accuracy before final confirmation of the reservation. The Customer is informed that any reservation made on the Site can not be modified.
The reservation cannot be modified and cannot be transferred either to another person or to another locker space other than the Website CITY-LOCKER Nice®.
2.5 Withdrawal and Refunds
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the customer is informed that he/she does not have the right of withdrawal, which he/she expressly waives in view of the specific nature of the service, and that the reservation is not refundable except in cases of force majeure.
2.6 Force Majeure
“Force Majeure" means an event as defined by the legal provisions in force, such as a natural disaster or a major political event (war, etc.), which, in view of its circumstances, is unforeseeable, unavoidable and external and which makes it impossible to complete the contract.
2.7 Reservation codes
The reservation email and/or SMS sent by the Company nicelocker S.A.S with the reservation codes is valid as a reservation. No other document will be sent to the Customer.
2.8 Financial conditions
The Services are provided at the current rates listed on the Provider's website. These prices are final and non-revisable during their period of validity, as indicated on the website, and the Provider reserves the right, outside of this period of validity, to modify the prices at any time. They do not include fees for processing, banking, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
If the price cannot be reasonably calculated in advance, the Provider undertakes to provide the price calculation method and, if applicable, to indicate the additional costs of transport, delivery or postage and any other costs. If such costs cannot be reasonably calculated in advance, the Provider shall inform the Customer that they may be payable in accordance with the applicable legal provisions. They take into account the VAT applicable on the date of reservation.
The payment for the reservation is made online through a secure payment system. The reservation request is considered final after the Customer has paid the total price of the reservation due to the Company nicelocker S.A.S. Any rejection of the payment - for whatever reason - will result in the reservation request being cancelled. the Company nicelocker S.A.S will not be held responsible for this and the reservation will not be confirmed.
The Customer acknowledges that the data recorded by the Company nicelocker S.A.S as part of reservations made on the Website constitute the proof of the financial transaction.
3. Provision of the service
The Services ordered by the Customer will be provided starting from final confirmation of the Customer's order, under the conditions stated in these General Terms and Conditions of Sale, at the address of the premises chosen and indicated by the Customer at the time of order on the website, with no possibility to modify the place and date after final confirmation of the order.
The Provider undertakes to make its best effort to provide the Services ordered by the Customer within the time limits specified above.
If the services ordered have not been provided within this period after the indicative date specified above, for any reason other than force majeure or the fault of the Customer, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be refunded at the latest within fourteen days following the date of cancellation of the contract, excluding any compensation or deduction.
4. General Conditions and Procedures for Use and Reservation of the service
- The premises are open from 8am to 10pm, seven days a week;
- Reservation on the website 24 hours a day;
- Reservation extension possible by sending an email to nice@city-locker.com;
- Consecutive multiple-day hire possible;
- Animals are not allowed in any of the lockers and/or rooms;
- The spaces are fully non-smoking;
- Access is reserved for people over 18 years old or children accompanied by an adult;
- No storage of perishable goods;
- The size of the lockers is L 48 cm x H 61 cm x D 85 cm; maximum weight per locker 30 kg.
It is the Customer's responsibility to ensure the size and weight of their luggage prior to any booking on the site.
Any claims or refunds for baggage that do not comply with these dimensions and weights cannot be accepted.
It is also the Customer's responsibility to ensure that:
- the locker door is securely closed when he leaves the storage / customer area CITY-LOCKER Nice® of the Company nicelocker S.A.S ;
- luggage is properly secured (code, padlock, etc.) and identified (labelled with Customer name and telephone number) ;
- no valuable objects are left, for which the Customer remains responsible and for which the Company nicelocker S.A.S declines all responsibility ;
- there are no animals in the luggage ;
- nothing is left inside the locker when leaving definitively the locker/customer area CITY-LOCKER Nice® of the Company nicelocker S.A.S.
The Customer remains responsible for their luggage and its contents.
It is the Customer's responsibility not to leave any identity documents or any documents necessary for travel in the locker. The Customer acknowledges that he has taken all the necessary precautions and measures not to leave any documents necessary for travel in the locker. If this is not complied with, the Company nicelocker S.A.S cannot, under any circumstances, be held responsible for any failure on the part of the Customer.
For security reasons, any item or baggage that is forgotten/found and not claimed will be destroyed after a certain period.
Guests can come and go as many times as they like between 8am and 10pm provided they have a valid reservation.
When returning a forgotten item by post, all costs are the responsibility of the Customer, payable in advance and minimum of €25, to which will be added the shipping costs which depend on the weight, the destination, the shipping method (standard, UPS, etc.).
the Company nicelocker S.A.S cannot be held responsible for any luggage damaged/stolen during shipment and for any luggage that does not reach its destination and objects or luggage that are left in self-service in the premises and not stored in the allocated locker.
Although every effort is made to protect and secure the premises, the Company nicelocker S.A.S declines all responsibility in the event of burglary/forgotten or damaged objects.
4.1 Insurance
Luggage stored in our lockers is covered by insurance for a maximum value of EUR 1,500.00 per locker upon presentation of proof and excluding all prohibited products.
This insurance cover reimburses the customer for all damage and/or loss directly attributable to the Company nicelocker S.A.S within the above-mentioned limits, as well as in the event of proven theft by third parties. Provided that the stored luggage is in the locker assigned at the time of booking and that the locker is locked.
Such insurance cover is not available for precious stones, precious metals, watches, plasma screens, LCD screens, satellite navigation systems, mobile phones, computers, tablets, jewellery, silver, glass, porcelain, works of art, antiques, documents or films, tapes, discs, memory cards or any other media containing data or images and all products and objects mentioned in the list of prohibited objects. The above mentioned insurance does not cover breakage of handles and/or wheels.
All locker/customer areas of the Company nicelocker S.A.S are protected by an alarm system; in addition, all locker/customer areas are equipped with 24-hour video surveillance, networked with central control and private surveillance.
For more details on insurance conditions and coverage, please contact us.
the Company nicelocker S.A.S will take all necessary steps in case of misuse or damage of the utilities made available to its customers.
No claim whatsoever will be accepted after 72 hours from the date and time of return of the Luggage.
4.2 Prohibited items
The following are not allowed to be stored in our lockers:
- Revolvers, firearms and weapons
- Metal cases and trunks
- Any item with a unit value exceeding €1,000
- Important personal belongings such as keys, wallets, identity documents, passports, driving licences, handwritten documents, title deeds and other official documents, business papers, travel tickets, credit cards, cash or any other means of payment, securities, etc...
- Mobile phones and smartphones, digital tablets, e-book readers, laptops or PCs, cameras and all photographic, radio, sound or image recording or playback devices as well as their accessories
- Luggage and luxury bags, watches, fishing rods, golf clubs and more generally all sports equipment, clocks, porcelain, earthenware, curios and decorative objects, carpets, paintings, tapestries, furs, books, musical instruments, household goods, collections (a collection is considered to be multiple objects of the same nature, which are related to each other and which are the subject of a quotation between collectors), etc....
- Jewellery made of metal or precious stones, fine pearls, works of art
- Cosmetic products such as perfumes, creams, make-up, etc...
- All fragile goods: dishes, porcelain, earthenware, etc...
- Food or perishable goods
- Medicine
- Prostheses of any kind, glasses and contact lenses
- Cigarettes, tobacco and tobacco products
- Liquids, wines and spirits
- Chemical, toxic or hazardous products
- Mouldy, polluted or contaminated objects or goods
- Firearms, ammunition, explosives, fuels and fireworks
- Radioactive or hazardous materials
- Liquid fuels (e.g. LPG, FOD, heavy fuel oil and similar products, etc...)
- Combustible gases (e.g. acetylene, methane, butane and propane, hydrogen, etc...)
- Flammable liquids
- Illegal substances
- Living beings (animals, plants or other)
- Waste
- Stolen or illegally held property or goods
- Property stored for commercial purposes
- Goods
- Computer files except blank data storage
- Copies and imitations of weapons
- Ammunition
- Knives and sharp instruments
- Blunt instruments
- Disabling or incapacitating objects
- Objects that can be used as a weapon
- Explosive and flammable substances
- Chemical and toxic substances
- Valuable electronic devices (phones, laptops)
- Travel documents (passports)
- Explosives, fuel, hazardous or flammable materials
- Pesticides, toxic chemicals, pollutants, waste of any kind
- Firearms, ammunition, illegal drugs or other controlled substances
- Stolen goods, illegal or illicit substance(s) or other contraband
- Perishable food products, spoiled food, live or dead plants or animals, infested or otherwise contaminated items, wet or mouldy items
- Radioactive materials, articles that emit fumes or other strong odours
- Cash, works of art and securities (e.g. share certificates)
5. Reservation times and operating procedures
The locker/customer areas of CITY-LOCKER Nice® of the Company nicelocker S.A.S are open from 8 a.m. to 10 p.m.< /p>
Withdrawals cannot be made after 10pm.
In order to pickup property after 10pm - from the next day - or extend the reservation - subject to availability - the customer must contact CITY-LOCKER Nice® by email: nice@city-locker.com
- Or to extend the reservation for an additional day (subject to availability);
- Or to collect property from the next day.
Any locker not released by 8am the following day and for which the unlocking procedure has not been carried out and for which no extension of the reservation has been made, will be emptied and the luggage will be stored in a dedicated secure area for a maximum period of 5 days. After this period, the luggage will be destroyed at the Customer's expense.
The luggage will be returned against a payment of €50 for administrative and handling costs plus €25/day for storage; the return time slot will be set by the Company nicelocker S.A.S.
After 5 days and without news from the owner, the luggage may be destroyed. The customer/luggage rooms cannot be considered as customer-receiving in the sense of a waiting room.
6. Liability of the Company nicelocker S.A.S
Furthermore, the Company nicelocker S.A.S cannot be held responsible in case the reservation is cancelled or not performed because of force majeure, or because of the customer's fault as result, for example, of incorrect information provided. Furthermore, the Company nicelocker S.A.S cannot be held responsible in case of fraudulent use by a third party of the identity or means of payment of the Customer.
It is the responsibility of the Customer to verify at the time of his final reservation, the accuracy of the information he communicates and in particular, the country code + mobile number and the e-mail address. the Company nicelocker S.A.S cannot be held responsible for the consequences of a temporary unavailability of the Website or for possible connection problems between the customer's equipment (computers, mobile phone) and the Website CITY-LOCKER Nice® occurring during a reservation request or confirmation.
No claim or refund will be accepted if the Customer does not fill in the booking form correctly.
The Provider warrants to the Customer, in accordance with the law and without additional payment, against any lack of conformity or latent defect resulting from a design or manufacturing defect in the Services ordered under the terms and conditions set forth in the Appendix to these General Terms and Conditions of Sale. In order to assert its rights, the Customer shall inform the Provider, in writing, of the existence of the defects or lack of conformity without delay after the Services have been provided.
The Provider shall refund or rectify or have rectified (to the extent possible) the services found to be defective as soon as possible after the Provider finds the defect or fault. The refund will be made by crediting the Customer's bank account or by sending a check to the Customer.
The Provider's warranty is limited to the reimbursement of the Services actually paid by the Customer and the Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French law.
The Services provided through the Provider's website comply with the regulations in force in France. The Provider shall not be liable for any failure to comply with the laws of the country in which the Services are provided, which it is the Customer's responsibility to verify.
For any question relating to the service, a hotline is open from 8am to 10pm for any information and/or assistance at the number indicated on the Website CITY-LOCKER Nice®.
7. Miscellaneous provisions
7.1 Force Majeure
With respect to all of the Provider's obligations under these Terms, the Provider shall not be liable for any delay or failure to perform, without fault or negligence on its part, in the event of force majeure as defined by applicable law.
7.2 Non-waiver
The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted in the future as a waiver of the obligation in question.
7.3 Invalidity of a provision
The cancellation of one of the stipulations of the present General Terms and Conditions of Sale shall not entail the cancellation of the Terms as a whole, unless the disputed stipulation can be considered, in the minds of the signatories, as substantial and influential, and its cancellation would call into question the general balance of these Terms. In the event of cancellation of one of the stipulations of the present General Terms and Conditions of Sale, considered as non-substantial, the parties shall endeavour to negotiate an economically equivalent clause.
8. Settlement of disputes
The present General Conditions of Sale are governed by and subject to French law.
They are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
The Customer is informed that they may in any case resort to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. Any disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of these General Terms and Conditions of Sale may be submitted to a conciliation procedure between the Parties.
This procedure is confidential. In this case, a conciliator (third party to the present General Terms and Conditions of Sale) will be jointly referred to by the Parties. The conciliation shall be carried out before a single conciliator. In the event of disagreement on the appointment of the conciliator, the respective counsels of the Parties shall agree to appoint a neutral conciliator in the best interest of each of the Parties. The conciliation attempt shall be made in good faith and the Parties agree, in this spirit, to meet at least once under the auspices of the conciliator. In the absence of an agreement to the contrary by the Parties, the conciliation shall not be extended beyond a period of 1 (one) month from the date of referral to the conciliator. The costs and fees of the conciliation shall be borne equally by each of the Parties. Each Party shall bear the costs and fees of any counsel appointed by them in the context of the conciliation.
The Parties hereby agree that in the event of a conciliation agreement, it shall be drafted and signed by the Parties under the auspices of the conciliator and shall allow for an amicable outcome to the dispute that has been submitted. If, however, the legal action of one of the Parties is subject to a statute of limitations that could end during the conciliation, this Party could interrupt the statute of limitations by any legal means, as a precautionary measure, with this procedure remaining suspended until the end of the conciliation.
In the absence of a solution through an alternative method of dispute resolution, any dispute relating to the existence, validity, interpretation, execution and performance of these General Terms of Sale (or any of these clauses) will be the exclusive jurisdiction of the competent courts under the conditions of common law.
9. Pre-contractual information / Customer acceptance
The Customer acknowledges having been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in Articles L111-1 to L111-7 of the Consumer Code, and in particular: (i) the essential characteristics of the Service, taking into account the communication medium used and the Service concerned, (ii) the price of the Services and the ancillary costs (delivery, for example) ; (iii) in the absence of immediate performance of the contract, the date or time by which the Provider undertakes to deliver the Service, (iv) information concerning the identity of the Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context, (v) information concerning the legal and contractual warranties and the terms and conditions of their implementation, (vi) the functionalities of the digital content and, where applicable, its interoperability; (vii) the possibility of resorting to conventional mediation in the event of a dispute; (viii) information on the right of withdrawal (not applicable in this case), the cost of returning the Products (not applicable in view of the nature of the Service), the terms of termination and other important contractual conditions.
The fact that an individual (or a legal entity) orders Services from the Provider implies full acceptance of these Terms and Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Provider.
10. Personal Data and Security
The website nice.city-locker.com is fully owned by the company the Company nicelocker S.A.S.
Strict security procedures regarding the storage and disclosure of transmitted information have been put in place to prevent unauthorized access.
The Company nicelocker S.A.S via nice.city-locker.com does not sell, market or rent out any information about its customers to third parties.
The lockers are controlled via secure software that monitors locker activity and availability in real time and allows emergency access for security personnel in the event of a problem or technical malfunction.
The locker/customer areas of the Company nicelocker S.A.S are placed under video surveillance 24 hours a day and the videos are stored for 15 days.
11. Intellectual Property
It should be noted that the Company CITY-LOCKER® (Limited Liability Company, with capital of EUR 52,185.00 registered with the Paris RCS under number 792 515 207 with its headquarters at 15, rue Chapon – 75003 Paris) is the owner of the brand « CITY-LOCKER Nice® » under number 4994099, registered on September 28, 2023, valid 09/28/2033 for classes 35; 39; 43.
The Company nicelocker S.A.S is the owner, for its part, of all property rights attached to the Website and the elements that make it up and has the required licences. It holds all the intellectual property rights and the derived rights attached to the concepts, editorial contents, videos and software used and/or distributed on the Website. In general, no provision of the present General Terms and Conditions of Sale can be interpreted as conferring to the Customer, expressly or implicitly, any right (under the terms of a licence or by any other means) on the names, brands, acronyms, logos and other distinctive signs of the Company nicelocker S.A.S or on any other right of the Company nicelocker S.A.S attached, in particular, to the literary and artistic property.
It is therefore forbidden to reproduce, modify, transfer or exploit all or part of the Website without the express written authorization of the Company nicelocker S.A.S, nor the brand CITY-LOCKER Nice® belonging to the Company CITY-LOCKER®.
In accordance with the GDPR (General Data Protection Regulation) in force since 25 May 2018 and respect for your privacy, you can request to stop receiving messages from us. Please know that we will continue to protect your personal information and be transparent about how we use it.
Your information will not be passed on to third parties for commercial prospecting without your consent.
In accordance with the amended Data Protection Act, you may exercise your rights of access, rectification, deletion, portability, limitation, opposition to the processing of your data, by simple request by email: nice@city-locker.com
Please indicate "personal data protection" and specify the subject of your request, as well as your first name, surname, address and attach a copy of both sides of an identity document.
If you are not satisfied with the response to a request relating to your personal data, you can contact us by mail:
- Company nicelocker S.A.S [CITY-LOCKER Nice®]
- 5, place Ile de Beauté
- 06300 Nice
Finally, you can address any complaint to the CNIL.
What personal information is collected?
We collect the information you provide to us in the course of our business relationship, including :
- when you create a customer account
- when managing your requests/orders
- during your exchanges with our reservation service, our management service or our customer service.
- The information for which collection is strictly necessary to provide you with a service is indicated by an asterisk and generally concerns your first name, surname, postal address, email address, landline or mobile telephone number and date of birth.
In accordance with the regulations, we do not collect data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic personal data, biometric personal data for the purpose of uniquely identifying a natural person.
If you wish to continue to receive our informative emails, no action is required on your part.
12. Amendments to the General Terms and Conditions of Sale
We reserve the right to modify at any time, by right and without formalities, the present Terms.
13. Applicable law and jurisdiction
These Terms are subject to French law.
In the event that the regulations in force allow for an exception to the rules of territorial jurisdiction of the courts and for the case of a dispute that may arise in relation to these Terms, the parties grant jurisdiction to the court of Paris.
14. Contact of the Company nicelocker S.A.S
Any question concerning a reservation must be sent by email with acknowledgement of receipt to nice@city-locker.com. For any question or point not expressly mentioned the Customer can also send a letter to the Company nicelocker S.A.S.
In the event of a complaint, the Customer must send a letter by registered post with acknowledgement of receipt, accompanied by a copy of a valid identity document, to the following address: nicelocker S.A.S [CITY-LOCKER Nice®] - 5, place Ile de Beauté - 06300 Nice.
Revision date: 26/06/2024