Our Terms and Conditions of Use and Legal Notice

Legal Notice

Publisher information:

This site is published by FretBay SAS, registered in the Paris Trade and Companies Register, France, under the number SIRET 502.134.208.00037 and having the VAT number FR08502134208 whose registered office is located at 31 rue de Reuilly 75012 Paris - France (FR)

Director of publication: Areeba Rehman

E-mail: support@fretbay.com

Phone : 0825.422.423 (0,18€ vat/minute)

Hosting: This site is hosted by OVH, 2 rue Kellermann - 59100 Roubaix - France

General Conditions of Use

Come in.

On the one hand: FRETBAY Société à Actions Simplifiée, registered in the Paris Trade and Companies Register, France, under the SIRET number 502.134.208.00037 and having the VAT number FR08502134208 whose registered office is located at 31 rue de Reuilly 75012 Paris - France (FR), hereinafter referred to FRETBAY,

On the other hand : The Site User www.fretbay.com Hereinafter referred to as the User Is hereinafter referred to as the User ; the Shipper and/or the Carrier.

It has previously been explained as follows:

Article 1: OBJECT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

Access to website services www.fretbay.com (hereinafter, "the Site"), FRETBAY SAS website, implies the User's unreserved acceptance of these General Terms and Conditions of Use (hereinafter, "GTC"). They therefore constitute a contract between FRETBAY SAS and the User, the terms of which may be modified by FRETBAY SAS without notice. Any changes will be the subject of an information note with the changes made in order to allow users to read them. The User is therefore invited to regularly consult their updated version, which is permanently accessible from the first page of the aforementioned Website. These General Terms and Conditions of Use are intended to define the rules applicable to Users and legal operations relating to the FRETBAY Site's user service

If the User does not wish to accept these T&Cs or any special conditions of the services offered, he is asked to waive any use of them.

These T&Cs and special conditions are the only ones applicable. No tolerance shall be construed as a waiver of any of the rights or obligations hereunder.

Article 2: DEFINITIONS

The Site with the following Internet address : www.fretbay.com, the platform, the tool, refers to the application www.fretbay.com.

The User, the registrant, the future member designate the User of the Site (hereinafter, the "User").

It may be

a Shipper (an individual, legal entity or company). By the term « Shipper » it is meant any natural or legal person wishing to use the services offered by the Carriers on the Site, in order to compare, book, order and/or purchase or have ordered and/or purchased any service offered by the Carriers on the Site

a Carrier. By the term « Carrier » we mean all transport service providers providing the services offered on the Site. This term includes, in particular, local and interurban freight transport companies, specialised express companies, and national and international freight carriers.

Article 3: ACCESS TO THE SITE

FRETBAY will give the User protected access to the FretBay platform using his own password, so that he can access his personalized home page. All Users must provide an email address, a username and a personal password upon registration.

FRETBAY is accessible 24/24 hours, 7/7 days, except in cases of force majeure, technical and/or computer and/or telecommunications difficulties and/or maintenance periods. FRETBAY reserves the right at any time, and without notice, to permanently interrupt, suspend and/or modify access to all or part of the Site, without right to compensation for the benefit of the User

Carriers may similarly unsubscribe from the platform without notice provided they meet their commitments for current quotes; validated by users.

Users must have their own Internet connection to access the platform, Internet connection costs are the responsibility of the Users.

Users must ensure that their Internet connection is reliable and has effective anti-virus protection. The downloading of all parts and files made available to members is their responsibility. FRETBAY does not guarantee their qualities or their ability to contain viruses.

Access to the site is completely free and without obligation. Users can unsubscribe and delete their accounts at any time without penalty.

Article 4: DESCRIPTION OF SERVICE

The Site www.fretbay.com acts as a neutral place where Shippers and Carriers can meet and enter into transport service agreements. It connects « SENDERS » identifying themselves as being in search of transport services and « SENDERS » identifying themselves as offering transport services directly on the Site. In general, the announcements posted by the Shippers are addressed to all Carriers.

A Carrier may propose quotations provided that it submits documents proving the existence of its company to FRETBAY. Documents are sent by email to support@fretbay.com support@fretbay.com or by post at 31 rue de reuilly 75012 Paris.

FRETBAY only offers the necessary means to connect members and does not guarantee Carriers a selection by Shippers. Nor does it guarantee to the Member Shipper the exhaustiveness of the Carrier members or activity and ability to respond on the Site. Users of the services act in full knowledge of the facts and are responsible for the results that may result. FRETBAY is released from any obligation of result. Consequently, FRETBAY accepts no responsibility whatsoever for the content, legitimacy, completeness, reliability or availability of the information provided or the data displayed.

FRETBAY allows Carriers to respond directly online to advertisements posted by Shippers by offering costed quotes. Access to and consultation of the ads placed by Shippers are in public access visible to all Users of the Site, whether or not they are registered on the Site. FRETBAY cannot guarantee the existence, veracity or availability of all the Carriers' offers appearing on the Site. These offers are communicated to us under the sole responsibility of the Carriers.

A certain quality of service is however required from Carriers according to a Quality Charter, which you can consult on the Site. The quality control of the services will be carried out by the notices that the Shippers are invited to give on the quality of the services provided or on their experience with the Carriers

The reservation of classic quotations, also known as the "FRETBAY Auction System", of Shippers with the Carriers on the Site is carried out according to the following steps:

→ The Shipper publishes its transport request in the form of an announcement free of charge and without obligation;

→ Carriers offer their quotations on the ads that interest them;

→ Quotes are issued by FretBay on behalf of the carriers. By validating FretBay's T&Cs, the carriers authorise FretBay to issue quotes on their behalf. This is done in order to maintain the principle of anonymity of the transporters on the platform, before the validation of the quotes.

→ After selecting a quotation, the Shipper validates his order;

→ A summary showing all the Shipper's choices and the total price of the service(s), makes it possible to check the details of the order and confirm it;

→ The Shipper may pay for his order online in secure mode or by bank transfer under the conditions provided for herein;

→ The Shipper shall receive, by e-mail, as soon as possible and at the latest 30 minutes after placing an order, subject to the proper functioning of its Internet connection, a confirmation of its order and instructions, accompanied by its summary

On the other hand, the booking of a flash quote, also called a "flash sale" by a Shipper with FretBay takes place according to the following steps:

→ The Shipper publishes its transport request in the form of an announcement free of charge and without obligation;

→ Depending on the availability of our carriers, routes, volume, etc., FretBay may offer the sender a quotation bearing the name of "flash estimate" or "flash sale". FretBay undertakes to find a carrier that meets all the shipper's criteria within 48 business hours of the day of the reservation by the Shipper. Failing this, FretBay will refund the deposit paid upon simple request by e-mail to the following address: support@fretbay.com

→ The flash quote is a special limited-time offer. Once the deadline has passed, the flash quote expires and can no longer be submitted online by FretBay to be booked

→ If the sender wishes to take advantage of this quote, he enters his credit card details in order to book the proposed quote free of charge. By selecting this offer, the Shipper validates his order without paying and confirms that he instructs FretBay to find a Carrier for him in a maximum of 48 hours and under the conditions set out above; the Shipper does not pay anything until a carrier has been assigned to him.

→ By selecting this offer, the Shipper validates his order and confirms that he instructs FretBay to find a Carrier for him in a maximum of 48 hours and under the conditions stated above;

→ A summary showing all the Shipper's choices and the total price of the service(s), makes it possible to check the details of the order and confirm it;

→ The Shipper may book his order online by credit card in secure mode under the conditions provided for herein; The credit card is only charged when the removal or transport company has been assigned to the request. Credit card data is not stored at FretBay.

→ The Shipper shall receive, by electronic mail, as soon as possible, subject to the proper functioning of its Internet connection, a confirmation of its reservation; the shipper is not debited with the amount at that time.

→ As soon as the carrier or mover is found for the sender's request, the sender receives an e-mail with a summary of his announcement and the mover's/carrier's contact details. The reservation is transformed into effective payment. The sender receives an email informing him/her. The downloadable and printable invoice is available from his FretBay account.

→ In the event that no Carrier is eligible for the request and after the 48-hour deadline, the customer will receive an e-mail informing him/her of this. The sender can then select another classic estimate received by another professional mover / carrier available on the platform.

→ FretBay has no obligation of result as to the search for the carrier for the customer who selected the flash sale.

Article 5: ACCESS TO SERVICE

Two types of sections and services are available on the Site:

→ The headings in direct access:

This is a first level of information accessible to all and does not require identification, contacting FRETBAY or registering for the service.

→ The headings in identified access: This is a second level of information and service. This access requires identification.

The User registers on the Site. Once the registration is validated, he/she obtains access codes (Username and password) that allow him/her to access the level 2 sections and services. The Shipper can thus publish his request online and manage his ad. Carriers can thus propose their quotations on advertisements and manage their submitted offers.

Article 6: TERMS OF REGISTRATION

Registration is done via a form accessible on all pages of the Site. Registration on the Site is free of charge. The Shipper shall complete, in accordance with the information available online, a form dedicated to individual and professional Shippers made available on the Site, and shall provide the information necessary for its identification. He must fill in all the fields designated on the form as mandatory. The Shipper is deemed to have read and accepted the T&Cs, without any restriction. The Shipper shall assign itself a personal and confidential identifier and password chosen by itself, in order to enable it to use the services accessible on the Site and reserved for registered users. As soon as the registration is validated, the User is registered on the Site for an indefinite period

The User shall assign himself a personal and confidential identifier and password chosen by him, in order to allow him to use the services accessible on the Site and reserved for registered users. As soon as the registration is validated, the User is registered on the Site for an indefinite period

The Carrier shall complete, in accordance with the instructions available online, a form dedicated to carriers made available on the Site, and shall provide the necessary information for its application for registration. He must fill in all the fields designated on the form as mandatory. The Carrier is deemed to have read and accepted the TOU, without any restriction. The Carrier shall assign itself an identifier named « login » and a personal and confidential password chosen by itself, in order to enable it to use the services accessible on the Site and reserved for registered users. The selected identifier must under no circumstances allow Users to identify the company by its company name or any other element likely to lead, in any way, to direct contact with another User of the Site and which would have the effect of bypassing FRETBAY. The identifier must be unique, it must not be similar to an identifier used on any other site/platform/social network outside of FretBay.com. FRETBAY reserves the right to modify the chosen identifier if, and without limitation, the Carrier does not comply with the latter rule. For his registration to be validated, he must send documents proving the existence of his company to FRETBAY. The nature of these documents is specified in the email validating the registration request. In order to keep up-to-date information on the Carriers at all times, FRETBAY is entitled to ask the Carriers to transfer an up-to-date version of these documents to it at any time and without justification. Documents are transmitted either via the web and/or mobile platform or by email to the address transporteur@fretbay.com or by post at 31 rue de reuilly 75012 Paris. No registration will be validated if the requested documents are not sent to FRETBAY. Any validation of registration is at the discretion of FRETBAY, which reserves the right to accept or refuse it without justification. Carriers are strictly prohibited from using several accounts for the use of a single company. As soon as the registration is validated, the User is registered on the Site for an indefinite period.

The registration of the registration is worth irrevocable power given by the User to FRETBAY to use the information transmitted. The Registered User will receive an e-mail message to the address specified by him/her, confirming his/her registration. If the User acts and uses FRETBAY on behalf of or in the name of a legal entity, the Member declares that it is duly authorised to bind that legal entity to this User Agreement. He shall be deemed to bind the moral society he represents.

FRETBAY only transmits the User's details by email to the Carrier at the time of payment of the deposit (FRETBAY commission) made to reserve the chosen Carrier's order.

The User may at any time decide to terminate his registration. He will inform FRETBAY of this wish by email to the address support@fretbay.com or by post at 31 rue de reuilly 75012 Paris. His information will be removed from the Site within a maximum period of one month after receipt of said email or letter.

However, information published, transcribed on paper and distributed before its request for termination of registration may not be deleted. FRETBAY reserves the right to change the presentation of the information authorised for distribution, or to delete all or part of the information

The User undertakes to provide true, accurate, up-to-date and complete information on his identity, the identity of his company and any information requested in the form

It undertakes to regularly update all this information. A link in the Menu (''My Profile'' section) available when accessing services after identification allows him to make any necessary changes to the registration data provided. In the event that the User provides false, inaccurate, obsolete or incomplete registration data, FRETBAY shall be entitled to temporarily suspend or permanently delete its account without notice and to refuse, immediately and/or in the future, access to all or part of the service.

Article 7: NOMINATIVE DATA

In accordance with law n°78-17 of 6 January 1978, the User has the right to access, rectify and remove any personal data that he has brought to the attention of FRETBAY SAS. This right is exercised through our support services at this email address: support@fretbay.com or by post at 31 rue de reuilly 75012 Paris. In compliance with this law, the collection and storage of personal data by FRETBAY SAS has been declared to the CNIL. His information will be removed from the Site within a maximum period of one month after receipt of said email or letter.

The User has the right to access, modify and rectify online and may at any time request the deletion of information concerning him/her ("My Profile" section)

At the time of registration, the User will have the option of not receiving commercial information. For the proper functioning and efficiency of its services, and in particular to enable the User not to have to identify himself each time he accesses the service, except for the first access, FRETBAY SAS uses cookies, files that identify the User each time he connects. For more information about cookies, the User may consult the corresponding page, accessible from all pages of the Site.

Article 8: COMMITMENTS OF THE USER

The User undertakes in particular to ensure that the information he exchanges with other Users of the Site and FRETBAY staff:

→ are accurate and truthful

→ respect copyright, patent rights, trademark rights, trade secrets, other intellectual property rights.

→ do not violate any law or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, discriminatory practices or misleading advertising)

→ are not defamatory, slanderous or slanderous

→ do not disrupt the operation of the Site in any way whatsoever and do not affect its integrity.

→ are not intended to bypass the FretBay platform

Failure to comply with these commitments shall entitle FRETBAY to issue warnings, temporarily suspend or permanently delete the User's account without notice and to deny the User access to all or part of the service immediately and/or in the future.

FRETBAY reserves the right to issue warnings, temporarily or permanently disable a User account for any reason that FRETBAY deems legitimate without notice or justification.

Article 9: USER'S LIABILITY

The user is solely responsible for the use he makes of all the services available through the FRETBAY website, and more generally for any use made from his account. In particular, the use of information, messages or data of any kind available through the services of the FRETBAY website. The decisions or actions that the latter may take or carry out in consideration thereof shall not engage any liability other than its own

The user is the sole judge of the completeness of the usefulness for him of the content consulted, and therefore undertakes to use the services of the site with discretion and to bear the risks arising therefrom

The user shall be liable to FRETBAY and third parties for any direct or indirect damage of any kind whatsoever caused by content or any other element communicated, transmitted or broadcast by the user on the site or through the services it offers, as well as for any breach of this contract. Consequently, the user undertakes to guarantee FRETBAY and its managers against any recourse and any conviction on this count

The user agrees to abide by any measure implemented by FRETBAY in accordance with applicable law.

The User, more precisely the Carrier, completes his profile when he registers. He is obliged to update his contact details on his profile or by sending an email as soon as there is a change to the email address transporteur@fretbay.com.

To facilitate any exchange with any Site User and FretBay staff, the Carrier must have a French telephone number if it wishes to collaborate with a French customer on French territory. Failing this, the Transmission Provider shall be responsible for calling the customer immediately upon acceptance of his estimate by the customer in order to establish a first exchange

When registering on the platform, the Carrier enters a physical address of the company. If it is incorrect, and without explanation from the Carrier, FretBay reserves the right to block the Carrier's account without notice.

Article 10: INCESSIBILITY

The User may not assign all or part of the rights and obligations resulting from this Agreement to a third party without the express, prior and written consent of FRETBAY.

Article 11: OBLIGATIONS OF PROFESSIONAL SENDERS

The Shipper acting in a professional capacity must identify itself to FRETBAY in this capacity. FRETBAY reserves the right not to contract with a professional Shipper.

FRETBAY reminds the Shipper acting in a professional capacity of its obligation to comply with the laws and regulations relating to the exercise of a commercial activity of distance selling in a professional capacity. In particular, it must ensure that it complies with its social or tax reporting obligations.

Article 12: OPERATION « PUBLISH ANNOUNCEMENT »

The publication of an ad on the Site is free of charge. The advertisements published are published and put online under the sole responsibility of their respective authors

The texts may be modified by FRETBAY before being put online. FRETBAY reserves the right not to publish ads that do not correspond to the Site's editorial charter.

The Shipper member is notified of the publication of its announcement by an electronic message summarizing the reference number of the announcement as well as its text. He is invited to check his announcement as soon as it is first published.

The Shipper member must provide as precisely as possible on the FRETBAY Website all the information necessary for the presentation of the transport request announcement; this will include a description of the product, the goods, the volume, the duration of the publication of the announcement as well as the transport constraints (loading and delivery locations, time and loading conditions for example). Announcements are published and visible to all Carriers.

The details of the Shipper's announcement will appear on the Site under a selected category and a reference number of the announcement with all the information provided. FRETBAY is requested by the Shipper to inform the Carriers within the limit of the offer and the data transmitted and considered validated by the Shipper.

Article 13: OPERATION « REPUBLISH ANNOUNCEMENT »

The Advertising Shipper has the possibility to republish its offer once it has expired. To do this, he can modify the information in his announcement. The requested modifications are subject to validation by FRETBAY.

Article 14: OPERATION OF « BID SUBMISSION »

In the case of a traditional transmission reservation, also known as the "FRETBAY Auction System", Carrier members can submit their offers in real time on the ads that interest them and as soon as they are published. The Carriers have the obligation to assume the transaction in the event of a final choice by the Shipper. FRETBAY insists on the fact that any estimate published is worth a contract and therefore a commitment by the Carrier to carry out the transport according to the terms and conditions set out therein. Each Carrier remains responsible for the information entered...

The open submission of quotations known as the FRETBAY auction system is made at the free will of the bidder, i.e. the Carriers themselves set their quotations, which include VAT, i.e. all taxes included and including the FRETBAY commission.

The FretBay auction system is a competitive bidding event that takes place in real time and where the successful bidder is the one who, at the end of the auction, submitted the best bid. The best offer is understood to be the one that best suits the criteria for which only the Shipper is the decision-maker; the offer is not based solely on the lowest price but also includes, without limitation, the delivery time, the associated services required (insurance, handling, storage for example) or the Carrier's evaluation

Each quotation entered is instantly put online and visible by the other Carriers. All quotations are always displayed to all Carriers wishing to respond to the advertisement. The Carriers cannot claim any restriction on this information. It is the responsibility of each Carrier to monitor the progress of proposals until the auction closes.

In the case of an announcement in "Immediate Booking" or "Special Offer".

the Carrier wishing to win this advertisement must consult the conditions and criteria imposed by the customer, as well as the exchanges that took place in the tab "Messages/Questions" of the advertisement concerned. The validation of this "Immediate Booking" or "Special Offer" is worth a contract and therefore a commitment by the Carrier to carry out the transport according to the terms and conditions set out therein. The amount of the "Immediate Booking" or "Special Offer" is inclusive of VAT, i. e. all taxes included and including the FRETBAY commission.

For certain transport requests, the provision of service by Carriers requires specific qualifications and compliance with strict safety rules. The Carrier states that it is aware of the regulations in force relating to the transport in question. FRETBAY cannot be held responsible for a Carrier's failure to comply with the legal aspects and/or the quality charter

Unless otherwise specified, tenders shall be submitted in euros (EUR).

Article 15: SYSTEM OF QUESTIONS/ANSWERS

FretBay provides User members with a communication and message exchange space in the form of Questions/Answers in order to conduct their transactions as efficiently as possible.

However, in order to ensure the security and proper conduct of transactions, members are STRICTLY prohibited from communicating with each other any information that would somehow allow direct contact and communication such as:

→ Email address

→ Company name

→ Telephone, mobile and fax numbers

→ Website Address

→ Any other information likely to allow direct contact

Any offences found will be investigated and may lead FRETBAY to the waiver of warnings, the temporary suspension of the User's account and/or its permanent deletion without notice and to deny him, immediately and/or for the future, access to all or part of the service

In the event of non-compliance with the above-mentioned rule, FretBay cannot be held liable if the contact details written by the Shipper in the "Questions and Answers" section are subsequently retrievable via a search engine

If the Shipper and/or carrier uses a means to contact outside the platform before booking the online quote on fretbay.com, then FretBay shall not be liable for any dispute, theft, breakage or other damage.

Article 16: EVALUATION AND RATING SYSTEM

On FRETBAY, each Shipper member has the possibility to indicate to the rest of the members how a transaction with a Carrier member took place from the moment the deposit was paid: it can leave a positive, neutral or negative note and a comment of 80 characters to contribute to the security of the Site

This allows other Shipper members to have a fairly accurate idea of the behaviour of this group member

Therefore, each Carrier member has a Valuation Profile that contains basic information about them, as well as the list of valuations left by the shipping members with whom they have conducted transactions. The reputation of a Carrier member is strongly influenced by the assessments left by shippers who have already made transactions with it

The Carrier has a right of reply for each comment submitted by a Shipper on its Assessment Profile. FretBay does not have the possibility to delete or modify a comment left by a customer after booking.

The rating works as described (positive, neutral or negative corresponding to points either +1, 0, -1).

Article 17: FEES
For Shippers:

Registration and posting of ads is totally FREE. A Shipper User agrees to pay in part for the quotation of the accepted offer in order to reserve it. The Shipper shall pay a deposit, not exceeding 25% the amount of the accepted bid. This payment is mandatory and unavoidable if the Shipper wishes to book this transport, whether the offer is made by a carrier using the traditional transport reservation method, also known as the "FRETBAY Auction System", or by the "Immediate Booking" or "Special Offer" system. All prices are quoted inclusive of VAT (all taxes included). At the time of payment of the deposit, a transaction fee proportional to the amount of the quotation is added. They certify that the payment is made securely through our partner Paybox. In the case of a traditional transport reservation, also called "FRETBAY Auction System", the Shipper will receive the complete details (Siret number and/or telephone number and/or legal name of the company, etc.) as soon as the payment is made or at the latest 30 minutes after it. Contact information may vary depending on the country of origin and/or nationality of the selected Carrier. In the case of an "Immediate Booking" or the selection of a "Special Offer" such as the "Flash Sale", the Shipper will receive the full contact details (Siret number and/or telephone number and/or legal name of the company, etc.) of the Carrier selected by FRETBAY no later than 48 business hours after the payment made. Payment of the remainder of the amount will be made directly between the Shipper and the Carrier. The payment method must be agreed between the Shipper and the Carrier directly. FRETBAY has no responsibility for the rest of the payment.

For Carriers

Registration on the Site and access to ads and participation in auctions are completely FREE. A commission amounting to 20% to 25% the amount of the quotation selected by the Shipper shall be retained by FRETBAY. FRETBAY has a commission system that can be adapted for each Carrier user according to the country. The Shipper pays the FRETBAY commission rate on the platform by credit card to reserve its quote. The various amounts appear on each quotation, invoice and/or email (the amount of the commission, the amount still due to the Carrier, the transaction costs and the insurance contribution, if the latter is subscribed). This amount is included in the estimate by the Carrier, payable by the Shipper at the time of booking as a deposit and is valid for acceptance of the estimate. However, this percentage may vary depending on the country and region. FRETBAY reserves the right to increase or reduce commission fees after the change information has been issued at least 15 days in advance. Any estimate validated before the possible change of the commission does not affect the estimate previously booked. The change will only concern the new estimates that the Transmission Provider will file. FRETBAY reserves the right to waive (or reduce) this commission fee for certain Carriers as a marketing/promotion activity for a limited time. FRETBAY also reserves the right to charge reduced commission fees in certain countries. The costs of the new commission will be mentioned and published on the T&Cs of the respective countries' websites. However, in the absence of information, a general commission fee of 20% to 25% on the accepted offer are invoiced. The Carrier User authorises FRETBAY to receive the equivalent of this commission as a deposit. The Carrier undertakes to receive the remaining amount of the accepted offer from its side. The Carrier undertakes to provide its services to the Shipper having paid a deposit for the agreed service. In addition, the Carrier must provide an invoice if the Shipper requests one. FRETBAY reserves the right to request supporting documents in the event of transport cancellations by the Carrier. However, these cancellations must not occur more than three times. In the event of three repetitive, unjustified and/or abusive cancellations by the Carrier, FRETBAY reserves the right to suspend its registration or delete it from the platform without notice, to refuse it, immediately and/or for the future, access to all or part of the service and/or to impose a financial penalty the amount of which is fixed by FretBay. FretBay reserves the right not to communicate the details of the amount of the penalty to the Carrier.

Any announcement closed with a Carrier and then cancelled, for any reason, will be published in the tab "cancellations" in order to inform the Shipper. Cancelling an announcement removes a point from the profile of the Transmission Provider concerned. Points are automatically counted and FRETBAY can under no circumstances intervene on them.

Carrier User origin Rate
France 20%
Europe 25%
Article 18: FRETBAY COMMISSION

The deposit may be refunded in the event that the selected Carrier is no longer able to provide transport and cancels the delivery of the item or the move. FRETBAY reserves the right to request any necessary proof from the User to prove the reason for the cancellation. Following the cancellation from the mover, FretBay can find another service provider to replace the first one. In this case, the refund does not take place.

On the other hand, if the Shipper cancels the service, then the deposit linked to the reservation on FretBay is not refunded. For all requests for reimbursement of the deposit paid, the Shipper must make a request by email to the address support@fretbay.com within a maximum period of two months from the expected date of dispatch notified on the quotation accepted by the Shipper on FRETBAY. Attention, this request will require confirmation from the Carrier that loading has not really taken place. FretBay reserves the right to request proof from the Shipper in order to fund its refund request.

The shipper can enter flexible loading and delivery dates. In this case, the carrier is committed to making a delivery within the ranges desired by the shipper unless they jointly define a post-closing date online. If the carrier proposes a date before validation, he has the possibility to modify it afterwards, according to his groupings and without penalties as long as the new dates proposed remain within the range of dates desired by the shipper

No refund will be made if these conditions are not respected or if the cancellation results from a lack of information from the Shipper or a modification of the terms of the contract on the part of the Shipper, thus obliging the Carrier to cancel. If the Shipper cancels and reserves another service provider on FretBay for the same service, then FretBay reserves the right to exceptionally grant a refund equivalent to the amount of the least expensive deposit of the two. If the shipper has to cancel the transport for reasons beyond his control and justifies with evidence in support of his situation, in this case FretBay reserves the right to allocate a credit note. The validity period of this one is a maximum of 3 months from its date of edition. No credit notes will be taken into account after these 3 months. The deposit paid is in no case refundable if the transport has been carried out. FretBay is not responsible for any disputes that may arise between the Carrier and the Shipper, it is their responsibility after acceptance of the offer to reach a common agreement. FretBay reserves the right not to proceed with any refund if the reason is unjustified, abusive or exaggerated. Any request for cancellation by the Shipper will only be taken into account from the moment when the Carrier, after having been notified within 48 hours, confirms the cancellation and the reason for the cancellation. If the professional Carrier/Mover disagrees with the Shipper and disputes the reason for the cancellation or vice versa, either party may request a more complete review by FretBay staff and thus let FretBay make a fair decision without it being open to challenge.

The refund period is approximately 30 days from the refund request email sent by the sender to support@fretbay.com

The delay may be longer depending on holiday periods, the summer season, the flow of refund requests or any reason for FretBay to wait before making the refund (e.g. waiting for proof, waiting for confirmation of cancellation from one of the two parties...)

Article 19: IMPAYMENT

In the event of non-payment following fraudulent use of a means of payment, FretBay shall apply to the Shipper a processing fee equal to 20% of the amount of the non-payment, without these fees being less than fifty (50) euros excluding tax. The Member authorizes FretBay to collect the amount of the unpaid amount, increased by the application fees.

FRETBAY does not guarantee the Shippers' ability to pay to the Carriers for all the services provided. He could therefore not be held responsible for an unpaid amount generated by a Shipper.

Article 20: TAXES, TAXES

Users are liable for all taxes, duties and commissions resulting from the use of our services and Website.

FRETBAY is not responsible for any taxes on transactions made on its Site.

Whether you are a legal entity (company) or a natural person (individual), and whether you are the Shipper or the Carrier, you expressly acknowledge and accept that VAT and all other taxes and charges may apply to your situation. We recommend that you consult a tax advisor for further advice in this area.

Article 21: AMENDMENT AND CANCELLATION OF THE FAIT OF THE TRANSPORTER

Any cancellation or modification of an order must be subject to the prior authorization of FRETBAY and must be in writing and justified. Cancellation of any order by the Carrier may only be accepted if it is made at least 48 hours before the date on which the shipment provided for in the order is processed. Any abusive, unjustified, suspicious cancellation or any cancellation for the purpose of passing FRETBAY shall result in the immediate suspension without notice of the account of the Carrier in question and the prohibition of access to the Site's services in the future

For each order cancellation, the Carrier is informed that FRETBAY reserves the right to ask the Carrier to pay a penalty up to the amount of the deposit paid by the customer(s), failing which FRETBAY may temporarily suspend the Carrier's registration or permanently remove the company from the platform without notice and refuse it, immediately and/or in the future, access to all or part of the service

FretBay reserves the right to increase or decrease the amount of the penalty in the event of repetitive or abusive cancellations.

Article 22: RIGHT OF RETRACTION

You are informed that, pursuant to Article L. 121-20-4 of the Consumer Code, all the services offered on the Site are not subject to the application of the right of withdrawal provided for in Articles L. 121-20 et seq. of the Consumer Code in respect of distance selling

FretBay, being at the origin of the transport services whose execution begins with its authorization and according to article L121-20-2 of the Consumer Code, the exercise of the right of withdrawal is excluded for FretBay's activity.

Article 23: HYPERTEXT LINKS

The FRETBAY Site or its partners, or third parties, may provide links to other Websites or other resources available on the Internet. Insofar as FRETBAY has no control over these sources, it cannot be held liable for any damage of any nature whatsoever resulting from the content of these Sites or external sources, and in particular from the information, products or services they offer, or from any use that may be made of these elements.

Article 24: INFRINGEMENT

Without excluding other remedies, FRETBAY reserves the right to issue a warning, temporarily or permanently suspend or terminate the registration of members and to cease providing its services to them without notice or justification in the following cases:

a. If the member violates all or part of these Terms of Use;

b. If FRETBAY is unable to verify or authenticate the information provided, and the member does not respond to FRETBAY's authentication requests or is unavailable;

c. Or if FRETBAY believes that the actions of members are likely to engage their liability, that of FRETBAY or those of the members.

d. For any other reason that FretBay considers admissible.

Article 25: WARRANTY

FRETBAY is independent, it does not belong to any logistics operator or group of carriers.

Article 26: INTELLECTUAL PROPERTY

The general structure, software, texts, images, software, know-how, drawings, graphics, database and any other element composing the Website are the property of FRETBAY. Any representation or reproduction, in whole or in part, of these elements, by any means whatsoever, without the express authorization of FRETBAY, is prohibited and would constitute an infringement (art. L.335-2 and following of the Intellectual Property Code).

Article 27: LIMITATION OF FRETBAY LIABILITIES

The parties undertake, before any proceedings are instituted, to enter into an amicable agreement. Any dispute shall be subject to French law and the jurisdiction and jurisdiction of the Paris court.

Article 28: FRETBAY LIABILITY

FRETBAY undertakes to do everything in its power to ensure the use of the Site's services and their accessibility by Members.

For all services, FRETBAY is subject to an obligation of means. It is expressly agreed that if FRETBAY's liability were to be retained, it could not go beyond the alleged compensation, damages and interest only the reimbursement of the sums paid for the reservation within the limit of the last month and this in relation to the damage

In no event shall FRETBAY be liable for any material or immaterial, direct or indirect loss, such as commercial or financial loss or operational loss. FRETBAY has no control, of any kind whatsoever, over the nature or characteristics of the data that may be transmitted via the host centre, and therefore assumes no responsibility for services accessible via the Internet. The member is therefore solely responsible for the data he consults, queries and transfers and for any damage that may be caused by their use. Similarly, it is the member's responsibility to take all necessary measures to protect his data and software against intrusions, computer viruses or possible circumvention by third parties, using or from FRETBAY's services

Despite technological choices of reliability and safety, FRETBAY cannot be held responsible for facts for which it is not directly responsible, or for which it cannot control the occurrence.

FRETBAY is not responsible for the information provided by its content partners. They are the only ones responsible for the information relayed on the Site.

FRETBAY disclaims any responsibility for the compatibility, reliability, and operation of software other than that developed by itself.

Finally, FRETBAY cannot be held liable in cases of force majeure and in cases of suspension of services, in particular in the event of network interruption, failure of reception equipment or the User's line.

ARTICLE 29: FUNCTIONING OF "PRIORITY ANNOUNCEMENT"

Priority announcement is an option offered by the platform that allows the Shipper user to broadcast his transport announcement on the first page to Carrier users. This option is subject to a charge and costs €4.99 including VAT for a period of 5 days (this price varies according to the duration of the subscription). The option is to be paid directly on the platform by credit card. This option is not exchangeable and non-refundable. The withdrawal period is not applicable on this option. This option gives no guarantee for finding a transport solution.

ARTICLE 30: MODERATION OF OPINIONS

Under Decree 2017-1436, the information below specifies how consumer reviews are moderated on the FRETBAY platform.

On FRETBAY, only Shippers users who have used the services of a Carrier user may publish a notice on the Carrier's profile. FRETBAY moderates the notices to avoid disclosing the identity of the transport companies and/or any offensive content, content unrelated to the purpose of the notice, abusive, discriminatory and/or racist language. Any inappropriate advice can be reported and moderated.

The date of publication of the notice is displayed on the consumer notice available to Shippers and Carriers users.

The criterion for ranking opinions is anti-chronological. Opinions can be sorted by positive, neutral and negative opinions.

On FRETBAY, there is no counterpart in exchange for the filing of notices. Notices allow Shipper users to judge for themselves the professionalism of the Carriers.

Notices are published on the Carriers' profiles and then they are kept for the duration of the GCU.

It is possible for the Carrier user to respond to the Shipper user's opinion. Apart from this answer, the Carrier user may not contact the author of a notice if it has not been sent to him

A notice may be modified by the author of the notice after publication by contacting the FRETBAY team on support@fretbay.com However, some checks will be made to ensure the author's authenticity.

FRETBAY does not refuse an opinion a priori but can moderate it a posteriori.

ARTICLE 31: TERMS AND CONDITIONS FOR REFERENCING, DEREGISTRATION AND CLASSIFICATION OF REFERENCED OFFERS

Under Decree 2017-1434, the information below specifies the methods of referencing, dereferencing and ranking offers referenced on the FRETBAY platform. The following information is directly accessible from all pages of the site.

FRETBAY refers to transport and removal announcements for which a charge is made (Article 28) or not, leaving from point A to point B, submitted by Shipper users. These ads allow Carrier users to submit transport and relocation quotes. FRETBAY reserves the right to discontinue a transport and/or relocation advertisement if it would be offensive, illegal, false or obviously more current

FRETBAY refers to the quotes submitted by Carriers users on transport and relocation announcements. These specifications allow Shipper users to validate the specifications of Carrier users on their own initiative. FRETBAY reserves the right to discontinue a quote if it would be offensive, unfair, false or obviously more current

Transport announcements are sorted by default in chronological order in the load search menu. On this menu, ads can be filtered and sorted by Transport Category, place and date of loading and delivery, by volume and moving formula. The default display of ads is 25 transport ads per page.

ARTICLE 32: OBLIGATIONS OF CONTROLLERS

Under Decree 2017-1434, the information below specifies the methods of referencing, dereferencing and ranking offers referenced on the FRETBAY platform. The following information is directly accessible from all pages of the site.

ARTICLE 33: APPLICABLE LAW

The T&Cs are subject to French law. In this sense, they comply in particular with the legal obligations imposed by the National Commission for Information and Liberties (CNIL) as well as decrees n° 2017-1434, n° 2017-1435, n° 2017-1436 of 29 September 2017 relating to the online publication of consumer notices.

Article 34: PROTECTION OF PERSONAL DATA

General provisions

In accordance with the provisions of Law No. 78-17 of 6 January 1978 amended by Law No. 2004-801 of 6 August 2004 on information technology, files and freedoms, FRETBAY has made a prior declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) of the processing it carries out on personal data concerning you, in accordance with simplified standard n°48 (CNIL deliberation n°2005-112 of 7 June 2005 creating a simplified standard for automated processing of personal data relating to the management of customer and prospect files).

The controller of the processing of user data is FRETBAY. In accordance with the provisions of simplified standard No. 48, only employees whose task it is to operate the FRETBAY platform or provide the reservation service have access to personal data. Once the quotation has been booked, the Shipper's contact details are sent by email to the Carrier in order to facilitate exchanges and set up transport arrangements. The Carrier's contact details are also transmitted to the Shipper in the same way. FretBay recommends that the publication of the request not to disclose its contact details and to register by choosing a neutral nickname.

The data indicated as mandatory in the form allowing to be referenced on the platform, require an exact answer from you. Any failure to reply or any reply deemed abnormal by FRETBAY may result in FRETBAY's refusal to take into account the request for registration or referencing

Purpose of the processing operation

In accordance with the provisions of simplified standard No. 48, the data collected by FRETBAY are mainly intended for FRETBAY to provide an online booking service.

Transmission of your personal data to third parties

In accordance with the provisions of simplified standard No. 48, FRETBAY reserves the right to transmit all or part of the personal data concerning you to its contractual partners for canvassing purposes, in particular commercial. Any use of your personal data other than that indicated above must be subject to your individual, prior and explicit consent

Right of access, rectification and opposition

In accordance with law n°78-17 of 6 January 1978, you have the right to access and rectify your personal data by sending an e-mail to FRETBAY, except for the personal data you provided to FRETBAY when you completed your online registration form

In accordance with law n°78-17 of 6 January 1978, you have the right to object, free of charge and without charge, to the use of your personal data for prospecting purposes, in particular commercial purposes, by FRETBAY or its commercial partners

In accordance with law n°78-17 of 6 January 1978, FRETBAY undertakes that personal data concerning you, even those transmitted to potential commercial partners, will not be transmitted or stored outside the European Union, unless it has obtained your express prior consent to this effect

In accordance with law n°78-17 of 6 January 1978, FRETBAY reserves the right to transmit the personal data concerning you that you have provided to it, either to comply with a legal obligation, or pursuant to a judicial or administrative decision, or an independent administrative authority (such as the National Commission for Information Technology and Liberties)

Update of personal data

In accordance with Law No. 78-17 of 6 January 1978, the Carrier and the Shipper undertake to update, as necessary, the personal data concerning them. Users also undertake to ensure that the personal data concerning you are accurate, complete and unambiguous. Users may, at any time, access, using their Passwords, their Accounts on the FRETBAY Site containing all the personal data they have provided to FRETBAY.

Last update: 07/05/2019