Our General Terms of Use & Legal information

Legal information

Publisher information :

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

Director of publication: Areeba Rehman

E-mail : support@fretbay.com

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

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

Terms and Conditions of Use

Between

On the one hand: FRETBAY Société à Actions Simplifiée, registered in the Paris Trade and Companies Register, in France, under the SIRET number 502.134.208.00037 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 as FRETBAY,

On the other hand : The User of the website www.fretbay.com hereinafter referred to as the User hereinafter referred to as the User ; the Sender and/or the Carrier.

Beforehand, the following was stated:

Article 1: DEFINITIONS

The Site, whose Internet address is www.fretbay.com, refers to the platform, tool and application www.fretbay.com.

Application(s), means the software programs provided by the Company, downloadable on any compatible mobile electronic device, to which Users are connected online.

Service(s): services for connecting Shippers identifying themselves as being in search of goods transportation services with Carriers identifying themselves as offering goods transportation services on our platforms.

The User means the registered, prospective member, User of the Site and/or the Application (hereinafter, "the User").

He may be :

A Shipper, which is to be understood as 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, which is to be understood as any transport provider supplying the services offered on the Site. This term includes, in particular, local and long-distance freight transport companies, specialised express companies, and national and international goods carriers.

Article 2: PURPOSE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

Access to the services of the website www.fretbay.com (hereinafter, "the Site"), and the applications (hereinafter, "Application(s)") of FRETBAY SAS, implies the User's unreserved acceptance of the present General Terms & Conditions of Use (hereinafter, "T&Cs"). They therefore constitute a contract between FRETBAY SAS and the User. FretBay SAS may modify the T&C at any time and without notice. The User is therefore invited to regularly consult their latest update, available to all and permanently accessible on all pages of the Site, by clicking on the hypertext link "General Terms of Use" at the foot of the page, but also on the Application. The present General Terms & Conditions of Use are intended to define the rules applicable to Users and to legal operations concerning the use of the FRETBAY Site and Application.

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

The present T&Cs and special conditions are the only ones applicable.

The present T&Cs are effective as of January 05, 2022.

Article 3: ACCESS TO THE SITE

FRETBAY will provide the User with protected access to the Site and Applications using his/her own password, so that he/she can access his/her personalised home page. All Users must provide an email address, a username and a personal password upon registration.

The Site and the Applications are accessible 24 hours a day, 7 days a week, 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 and/or the Applications, without any right to compensation for the User.

Carriers may similarly unsubscribe from the platform without notice provided that they fulfil all contractual obligations arising from the validation of their quotes by Shippers.

Users must have their own Internet connection to access the platform, the costs of Internet connection 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 the documents and files made available to the members is under their responsibility. FRETBAY does not guarantee their quality or their capacity to contain viruses.

Access to the Site and Applications is entirely free and without obligation. Users can unsubscribe and delete their accounts at any time without penalty.

Article 4: DESCRIPTION OF THE SERVICE

The Site www.fretbay.com and the Applications act as neutral places where Shippers and Carriers can meet and conclude transport service agreements. They bring together "SHIPPERS" identifying themselves as being in search of transport services and "CARRIERS" identifying themselves as offering transport services directly on the Site and/or the Application. Generally speaking, the advertisements posted by Shippers are intended for all Carriers.

A Carrier may offer quotes provided that it transmits the documents proving the existence of its company to FRETBAY. The transmission of documents is done by email to support@fretbay.com or by post to 31 rue de Reuilly 75012 Paris.

FRETBAY only offers the necessary means to put members in contact with each other and does not guarantee in any way to the Carriers a selection by the Shippers. It does not guarantee either to the Shipper member of the completeness of the Carrier members or activity and capacity to answer on the Site or the Application. The Users of the services are acting with full knowledge of the facts and are responsible for the results that may result. FRETBAY disclaims any obligation of result. Consequently, FRETBAY accepts no responsibility whatsoever for the content, legitimacy, completeness, reliability or availability of the information issued or data displayed.

FRETBAY allows the Carriers to respond directly online to the advertisements posted by the Shippers by offering quotations. The access and consultation of the advertisements posted by the Shippers are in public access visible by all the Users of the Site and the Application registered or not on these latter. FRETBAY cannot guarantee the existence, veracity or availability of all the Carriers' quotes appearing on the Site or the Application, and of the advertisements posted by the Shippers. These quotes and advertisements are communicated to us under the sole responsibility of the Carriers and Shippers.

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

The booking of classic quotations, also called "FRETBAY Auction System", of Shippers with Carriers on the Site and the Application takes place according to the following steps :

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

→ The Carriers offer their costed quotes on the advertisements they are interested in;

→ The quotes are issued by FretBay on behalf of the Carriers. By validating FretBay's T&Cs, Carriers authorize the issuance of quotes on their behalf by FretBay, and this in order to maintain the principle of anonymity of Carriers on the platform before the validation of quotes.

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

→ A summary showing all of the Shipper's choices and the total price of the service(s), enables the details of the order to be checked and confirmed;

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

→ The Shipper receives, by e-mail, as soon as possible and at the latest 30 minutes after placing the order, subject to the proper functioning of his Internet connection, a confirmation of his order and the instructions, together with his summary.

On the other hand, the booking of a flash quote, also called "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 advertisement free of charge and without obligation

→ Depending on the availability of Carrier Users, routes, cubage, etc., FretBay may offer the Shipper a quotation called "flash quote" or "flash sale". FretBay undertakes to find a Carrier meeting all the Shipper's criteria within 48 working hours from the date of the Shipper's reservation. Failing this, FretBay will refund the deposit paid on simple request by e-mail to the address: support@fretbay.com

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

→ If the Shipper wishes to take advantage of this quote, he/she enters his/her bank 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 within a maximum of 48 working hours and under the conditions set out above; the Shipper does not pay anything until a Carrier has been assigned to him

→ A summary showing all of the Shipper's choices and the total price of the service(s), enables the details of the order to be checked and confirmed

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

→ The Shipper shall receive, by e-mail, as soon as possible, subject to the proper functioning of his Internet connection, a confirmation of his reservation; the Shipper shall not be debited with the amount at that time.

→ As soon as the Carrier or Remover is found for the Shipper's request, the Shipper receives an e-mail with the summary of his advertisement and the details of the Remover/Carrier. The reservation becomes an effective payment. The Shipper receives an email informing him of this. 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 time limit, the customer will receive an email informing them of this. The Shipper can then select another standard quote received by another professional mover / Carrier available on the platform.

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

Article 5: ACCESS TO THE SERVICE

Two types of sections and services/information are accessible on the Site and the Application:

→ Direct access sections :

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

→ Identified access sections: This is a second level of information and service. This access requires identification.

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

Article 6: REGISTRATION PROCEDURES

Registration is done via a form. Registration on the Website or the Application is free of charge. The Shipper must fill in a form dedicated to private and professional Shippers on the Website and the Application, according to the information available online, and provide the information required for identification. The Shipper must fill in all the fields designated on the form as mandatory. The Sender is deemed to have read and accepted the GCU and the Privacy Policy, without any restriction. The Sender will be given a personal and confidential identifier and password chosen by him/her, to enable him/her to use the services accessible on the Site and the Application reserved for registered users. As soon as the registration is validated, the User is registered for an indefinite period.

The Carrier shall fill in a form dedicated to Carriers on the Site and the Application, according to the indications available online, and shall provide the information necessary for his registration request. The Carrier must fill in all the fields designated on the form as mandatory. The Carrier is deemed to have read and accepted the T&Cs and the Privacy Policy, without any restriction. The Transporter shall be given an identifier named "login" and a personal and confidential password chosen by him/her, to enable him/her to use the services accessible on the Site and the Application reserved for registered users. The identifier selected must not in any way allow Users to identify the company by its company name or any other element likely to lead, in one way or another, to direct contact with another User and which would have the consequence 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 ID if, and without limitation, the Carrier does not respect this last rule. In order for its registration to be validated, the Carrier must send the documents proving the existence of its company to FRETBAY. The nature of these documents is specified in the email validating the registration request. In order to have permanently updated information on the Carriers, FRETBAY is entitled to ask the latter to transfer an updated version of these documents at any time. The transmission of the documents is done either by the web and or mobile platform or by email to transporteur@fretbay.com or by post to 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. It is formally forbidden for Carriers to use several accounts for the use of one and the same company. Upon validation of the registration, the User is registered for an indefinite period of time.

In the event that the Carrier provides falsified documents to FRETBAY in order to be recognised as a transport professional, FRETBAY will immediately block the User's account, cancel all the transports won and reassign these transports to a FRETBAY approved Carrier. Consequently, FRETBAY reserves the right to open an investigation against this user Carrier for falsification of documents. This procedure may be of a judicial nature and FRETBAY will then appeal to the competent authorities.

The registration of the registration is an irrevocable power given by the User to FRETBAY to use the information transmitted. The registered User will receive an electronic message at the address specified by him confirming his registration. If the User acts and uses FRETBAY for the account or in the name of a legal entity, the member declares to be duly authorized to bind this legal entity to this agreement of use. He is deemed to bind the legal entity he represents.

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

The User may at any time decide to terminate his registration. He will make this wish known to FRETBAY by email at support@fretbay.com or by post at 31 rue de Reuilly 75012 Paris. His/her information will be deleted from our database within a maximum period of one month after receipt of the said email or letter, however certain data may be retained to meet legal or regulatory obligations.

FRETBAY reserves the right to modify 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.

He/she undertakes to update all his/her information regularly. A link in the Menu ('My Profile' section) available when accessing the 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 his/her account without notice and to refuse him/her, immediately and/or in the future, access to all or part of the Service.

Article 7: RIGHT OF ACCESS, MODIFICATION, RECTIFICATION OF NAME DATA

In accordance with the French law n°78-17 of January 6, 1978 called "Loi Informatique et Liberté" and with the General Data Protection Regulation (GDPR), the User has the right to access, rectify, modify, portability, oppose and delete any personal data that he/she has brought to the attention of FRETBAY SAS. This right may be exercised by contacting our support services at this email address: support@fretbay.com, at the address legal@fretbay.com or by post at 31 rue de Reuilly 75012 Paris. The various personal data processing operations carried out by FRETBAY SAS are carried out in accordance with these laws as well as other applicable legislation in force in France and Europe. Requests to exercise the rights of Users will be made within a maximum period of one month (or two months for complex requests) from receipt of the said email or letter

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

When registering, the User will have the option of not receiving commercial information. For the proper functioning and efficiency of its services, and in particular to allow the User not to have to identify himself each time he accesses the service, apart from the first access, FRETBAY SAS uses cookies, files that allow the User to be identified each time he connects. For more information about cookies, the User can consult our Privacy Policy accessible from all pages of the Site and on our Application.

Article 8: COMMITMENTS OF THE USER

The User undertakes to respect the code of conduct of the platform and to ensure that the information exchanged with other Users and FRETBAY staff :

→ is accurate and truthful

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

→ do not violate any laws or regulations (including, without limitation, those governing export control, consumer protection, unfair competition, discriminatory practices or false advertising)

→ are not defamatory, libellous or slanderous

→ do not disrupt the operation of the Site or the Applications in any way and do not undermine their integrity

→ are not intended to override the FretBay platform

In the event of failure to comply with these commitments, FRETBAY shall be entitled to issue warnings, temporarily suspend or permanently delete the User's account and subsequently deny him/her access to all or part of the Service.

In case of temporary suspension of a User's account, for any reason that FRETBAY deems legitimate, the User will be informed by e-mail of the reasons for its suspension at the time it takes effect.

In case of permanent suspension of a User account, for any reason that FRETBAY deems legitimate, the user will be notified by e-mail at least 30 days before the termination takes effect. During this period, the account will be temporarily suspended, and the User in question is entitled to assert his or her right to clarify the facts and circumstances as part of the internal complaint handling process. At the same time, based on the processing of the complaint, FRETBAY reserves the right to decide on the reinstatement or non-reinstatement of the User. In case of repeated non-compliance with the commitments mentioned in this article, FRETBAY reserves the right to temporarily or permanently suspend the account of the User in question without prior notice, on the basis of Article 4 paragraph 4.c of the European Regulation 2019/1150 of 20 June 2019 known as the "Platform to Business Regulation".

Article 9: USER RESPONSIBILITIES

The user is responsible for the use he makes of all the services available through the FRETBAY Site and Applications, and more generally for any use made from his User account.

In particular, the use of information, messages or data of any kind available through the services of the FRETBAY Site and Applications.

The user is the sole judge of the completeness of the usefulness for him of the contents consulted, and consequently undertakes to use the services of the Site with discernment and to bear the risks arising from it.

The user will be held responsible, with respect to FRETBAY and third parties, for any damage, direct or indirect, of any nature whatsoever, caused by content or any other element communicated, transmitted or disseminated by the user on the Site, the Applications or by means of the services it offers, as well as for any breach of the present contract. Consequently, the User undertakes to guarantee FRETBAY and its managers against any recourse and any condemnation in this respect.

The User agrees to submit to any measure implemented by FRETBAY in application of the law in force.

Article 10: OBLIGATIONS OF SHIPPERS

The Shippers who have submitted a transport request advertisement and have validated a quote following the selection of a Carrier, to carry out the transport service undertake to appear at the address indicated, in the event of cancellation, to inform the Carrier and, where applicable, FRETBAY by e-mail to support@fretbay.com or by any other useful means, as soon as possible.
The Shippers are required to pay the total Price of the service in accordance with the payment terms set out in Article 4.

In the event of damage to the vehicle attributable to the Shipper, the Carrier shall invoice the Shipper for the cost of repairing the vehicle. The Shipper may be required to pay an amount established on the basis of the supporting documents presented by the Carrier.

The Shipper acting in a professional capacity must identify itself to FRETBAY in this capacity. FRETBAY reserves the right to ask this category of Users for documents justifying their capacity and not to contract with a Carrier User without having mentioned this professional capacity to FretBay.

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

Article 11: OBLIGATIONS OF CARRIERS

The Carrier is obliged to fill in his profile when registering. They are obliged to update their details on their 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 User of the website or the Application and FretBay staff, the Carrier must have an operational telephone number in the Shipper's territory as part of its service.

When registering on the platform, the Carrier shall provide a physical address of the company. If this is incorrect, and without explanation from the Carrier, FretBay reserves the right to block the Carrier's account without prior notice in accordance with Article 4 paragraph 4.b of the European Regulation 2019/1150 of 20 June 2019.

In order to provide a service, the Carrier is obliged to have a valid professional insurance policy and an up-to-date professional Carrier's licence; to use a vehicle in perfect condition and in accordance with the practices of a professional Carrier; to have an up-to-date roadworthiness test; to not take any risk at the wheel, and not to take any product that could alter his attention and his ability to drive vigilantly and safely.

The Carrier is obliged to establish a quote proportional to the prices charged on the Fretbay.com Website and Applications and is therefore obliged to reserve the right to propose quotes that are clearly disproportionate to meet the Shippers' requirements.

Once the quote has been accepted by the Shipper, the Carrier is obliged to carry out the transport service as described in the published advertisement, in accordance with the "quality charter" while respecting the agreed times and places.

In the event of damage caused by the Carrier to the Shipper in the performance of its activity, it is expressly agreed that the Carrier, in its capacity as a professional and in accordance with the quality obligations incumbent upon it, shall therefore be solely liable to the Shipper.

Article 12: MODIFICATION AND CANCELLATION BY THE CARRIER

Any cancellation or modification of an order must first be submitted to the FRETBAY company for authorisation and must be formulated in writing and justified. The cancellation of any order by the Carrier can only be accepted if it occurs at least 48 hours before the date of collection of the shipment provided for in the order. Any abusive, unjustified, suspicious cancellation or cancellation with the aim of passing FRETBAY will result in the immediate suspension without notice of the Carrier's account in question and the temporary ban on access to the services of the Site and the dedicated Application in the future in accordance with article 4 paragraph 4.c of the European regulation 2019/1150 of 20 June 2019.

For each order cancellation, the Carrier is informed that FRETBAY reserves the right to ask the Carrier to pay a penalty equal to the deposit paid by the customer(s), without which FRETBAY may proceed to the temporary suspension of the Carrier's registration following the statement of the reasons for the suspension, a period of 30 days having passed, in the event of the absence of reasons from the User or in the event of rejection of the reasons given by the User, the suspension of the Carrier's services will then become final.

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

Article 13 : INCESSIBILITÉ

The User may not transfer all or part of the rights and obligations resulting from the present contract to a third party, without having obtained the express, prior and written authorisation of FRETBAY.

Article 14: FRETBAY LIABILITY

FRETBAY undertakes to do its utmost to ensure the accessibility and use of the services of its Site and its Applications by the Users. For all services, FRETBAY is subject to an obligation of means.

In the event of damage caused by the Carrier to the Shipper in the performance of its activity, it is expressly agreed that the Shipper having selected the Carrier of its own accord, on the basis of exchanges during the pre-contractual phase, and of the opinions left by other Users on the said Shipper, and that the Carrier in its capacity as a professional and in accordance with the quality obligations incumbent on it, therefore incurs sole liability towards the Shipper.

FRETBAY does not exercise any control whatsoever over the nature or characteristics of the data that may pass through the server centre and therefore does not assume any responsibility for the services accessible via the Internet. The User is therefore solely responsible for the data he/she consults, queries and transfers and for any damage that may be caused by their use. Likewise, it is the User's responsibility to take all necessary measures to protect his/her data and software against intrusions, computer viruses or possible bypassing by third parties, using or from FRETBAY services.

In spite of technological choices of reliability and security, FRETBAY cannot be held responsible for facts that it is not directly responsible for, or whose occurrence it cannot control.

FRETBAY declines all responsibility for information transmitted by its content providers. They are the only ones responsible for the information relayed on the Site and on the Applications.

FRETBAY declines all responsibility for the compatibility, reliability and functioning of software other than that developed by FRETBAY.

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

Article 15 : OPERATION « "PUBLISH AN AD" »

The publication of an advert on the Site and/or the Application is free of charge. The advertisements published are edited 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 advertisements that do not comply with its editorial charter.

The Sender member is notified of the publication of his ad by an electronic message summarising the reference number of the ad as well as its text. They are invited to check their advertisement as soon as it is published.

The Shipper must fill in as accurately as possible on the FRETBAY Site or Application all the information necessary for the presentation of the transport request advertisement; this will include a description of the product, the goods, the volume, the duration of publication of the advertisement as well as the transport constraints (loading and delivery locations, time and loading conditions for example). The advertisements are published and visible to all Carriers.

The details of the Shipper's advertisement will appear on the Site under a chosen category and an advertisement reference number with all the information provided. FRETBAY is appointed by the Shipper to inform the Carriers within the limits of the offer and the data transmitted and considered validated by the Shipper.

Article 16 : FUNCTIONING OF « RE-PUBLISH AN ADVERTISEMENT »

The Sender advertiser has the possibility of republishing his offer once it has expired. To do so, they can modify the information in their ad. The requested modifications are subject to validation by FRETBAY.

Article 17 : FUNCTIONING OF « BID SUBMISSION »

In the case of a classic transport reservation, also called "FRETBAY Auction System", the Carrier Users can propose their offers in real time on the advertisements that interest them and as soon as they are published. The Carriers have the obligation to assume the transaction in case of final choice by the Shipper. FRETBAY insists on the fact that any published quotation is equivalent to a contract and consequently a commitment by the Carrier to carry out the transport according to the terms and conditions stated therein. Each Carrier remains responsible for the information entered.

The open bidding of quotations, known as the "FRETBAY auction system", is done at the free will of the bidder, i.e. the Carriers themselves set their quotations, which are inclusive of all taxes and include the FRETBAY commission

LThe 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, has submitted the best offer. The best bid is understood to be the bid that best meets the criteria for which the Shipper alone is the decision-maker; the bid is not based solely on the lowest price but also includes, but is not limited to, the delivery time, the associated services required (e.g. insurance, handling, storage) or the Carrier's assessment.

Each quote entered is instantly posted online and visible to other Carriers. All quotes are always displayed to all Carriers wishing to respond to the ad. The Carriers cannot claim any restriction on this information. It is the responsibility of each Carrier to follow the progress of the proposals until the auction is closed.

In the case of an "Immediate Booking" or "Special Offer" ad

The Carrier wishing to win this ad must consult the conditions and criteria imposed by the customer, as well as the exchanges that have taken place in the "Messages/Questions" tab of the ad concerned. Validation of this "Immediate Reservation" or "Special Offer" is equivalent to 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 Reservation" or "Special Offer" is inclusive of all taxes and includes the FRETBAY commission.

For certain transport requests, the service provided by the Carriers implies specific qualifications and the respect of strict safety rules. The Carrier declares that he is aware of the regulations in force relating to the transport in which he is interested. FRETBAY cannot be held responsible for a lack of respect of the legal aspects and/or the quality charter by a Carrier.

Unless otherwise stipulated, tenders are submitted in Euros (EUR).

Article 18 : OPERATION OF « PRIORITY ADVERTISING »

The Priority Ad is an option offered by the platform which allows the Shipper User to broadcast his transport ad on the first page to the Carrier Users. This option is not free, costs €4.99 including VAT for a period of 5 days (this price varies according to the duration of the subscription). The option must be paid directly on the platform by credit card. This option is non-exchangeable and non-refundable. The withdrawal period is not applicable to this option. This option does not give any guarantee to find a transport solution.

Article 19: QUESTION/ANSWER SYSTEM

FretBay provides Users with a communication and message exchange space in the form of Questions/Answers in order to best conduct their transactions.

However, in order to ensure the security and smooth running of transactions, it is STRICTLY forbidden for members to communicate between them any information that would allow in any way a direct contact and communication such as :

→ Email address

→ Company name

→ Telephone, mobile and fax numbers

→ Website address

→ Any other information that would allow direct contact

Any infringements observed will be investigated and may lead FRETBAY to dispense with warnings, temporarily suspend the User's account and/or permanently delete it after a period of 30 days following the temporary suspension in the event of the absence of reasons or rejection of reasons by the accused user

In the event of non-compliance with the aforementioned rule, FretBay shall not be held liable if the contact details written by the Shipper in the « Questions/Answers » section are subsequently published via a search engine

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

Article 20: EVALUATION AND RATING SYSTEM

On FRETBAY, each Sender User has the possibility to indicate to the rest of the Users how a transaction with a Carrier member went from the moment the deposit was paid: he can leave a positive, neutral or negative note and a comment of 80 characters to contribute to the quality of the Service.

This allows other Sending Users to get a fairly accurate idea of the behaviour of this User.

Thus, each Transmission Provider member has a Rating Profile that contains basic information about him or her, as well as a list of ratings left by Shipper Users with whom he or she has conducted transactions. The reputation of a Transmission Provider member is strongly influenced by the ratings left by Shippers who have already carried out transactions with it.

The Carrier has a right of reply for each comment left by a Shipper on his Profile of evaluations. FretBay has no possibility to delete or modify a comment left by a customer after booking.

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

Article 21: MODERATION OF REVIEWS

Pursuant to Decree 2017-1436 of 29 September 2017 on the information obligations of digital platform operators, the information below specifies how consumer reviews are moderated on the FRETBAY platform.

On FRETBAY, only Shipper Users who have used the services of a Carrier User can publish a review on the Carrier's profile. A moderation of the reviews is exercised by FRETBAY to avoid disclosing the identity of the transport companies and or any offensive content, content unrelated to the subject of the review, any abusive, discriminatory and or racist language. Inappropriate notices may be reported and moderated.

The date of publication of the review is displayed on the consumer review available to Shipper and Carrier Users.

The criterion for sorting the reviews is anti-chronological. Reviews can be sorted by positive, neutral and negative reviews.

On FRETBAY, there is no compensation for posting reviews. Reviews allow Shipper users to judge for themselves the professionalism of the Carriers.

The reviews are published on the profiles of the Carriers and are kept for the duration of the T&Cs.

It is possible for the Carrier User to reply to the opinion of the Shipper User. Apart from this response, the Carrier User may not contact the author of a notice if it was not intended for him.

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

FRETBAY does not refuse reviews a priori but can moderate them a posteriori.

Article 22: TERMS AND CONDITIONS OF REFERENCING, DEFERENCING AND RANKING OF REFERENCED OFFERS

Pursuant to Decree 2017-1434 of 29 September 2017 on the information obligations of digital platform operators, the information below specifies the terms and conditions for referencing, dereferencing and ranking of offers referenced on the FRETBAY platform. The following information is directly accessible from all pages of the Site.

FRETBAY refers paid (article 28) or unpaid transport and removal advertisements from a point A to a point B submitted by Sender Users. These advertisements allow Transport Users to submit transport and removal quotes. FRETBAY reserves the right to derefer a transport or removal advertisement if it is offensive, illegal, false or obviously out of date.

FRETBAY refers to quotes submitted by Transport Users on transport and removal advertisements. These quotes allow Shipper Users to validate the quotes of Carrier Users of their own free will. FRETBAY reserves the right to derefer a quote if it is offensive, unfair, false or obviously out of date.
The transport ads are sorted by default in chronological order in the load search menu. On this menu, the advertisements can be filtered and sorted by transport categories, place and date of loading and delivery, by cubage and removal formula. The default display of advertisements is 25 transport advertisements per page.

Article 23: FEES
For Senders:

Registration and posting of advertisements is completely FREE. A Sender User agrees to pay part of the quote for the accepted offer in order to reserve it. The Sender shall pay a deposit, not exceeding 25% of the accepted bid amount. This payment is compulsory and unavoidable if the Shipper wishes to reserve this transport, whether the offer was proposed by a Carrier according to the classic transport reservation method, also called "FRETBAY Auction System", or by the "Immediate Booking" or "Special Offer" system. All prices are quoted inclusive of all taxes. At the time of payment of the deposit, a transaction fee proportional to the amount of the quote is added. They certify that the payment is made in a secure manner thanks to our security protocol which allows secure transactions and information exchanges (SSL protocol, for Secure Socket Layer). In the case of a classic transport reservation, also called "FRETBAY Auction System", the Sender will receive the complete contact information (Siret number or/and telephone number or/and legal name of the company, etc.) as soon as the payment is made or at the latest 30 minutes after the payment. The contact information may vary depending on the country of origin and/or nationality of the chosen Carrier. In the case of an "Immediate Reservation" or the selection of a "Special Offer" such as the "Flash Sale", the Shipper will receive the complete contact details (Siret number or/and telephone number or/and legal name of the company, etc.) of the Carrier selected by FRETBAY at the latest 48 working hours after the payment has been made. The payment of the remaining amount will be made directly between the Shipper and the Carrier. The payment method shall be agreed between the Shipper and the Carrier directly. FRETBAY has no responsibility for the remaining payment.

For Carriers

Registration on the Site or the Application and access to the advertisements as well as participation in the auctions are entirely FREE. A commission amounting to 20% to 25% of the amount of the quote selected by the Shipper will be retained by FRETBAY.FRETBAY has a commission system that can be adapted for each Carrier User depending on the country. The Shipper pays the FRETBAY commission rate on the platform by credit card to book his quote. The different amounts appear on each quote, invoice and or email (the amount of the commission, the amount remaining due to the Carrier, the transaction fees and the insurance contribution, if the latter is subscribed). This amount is included in the quotation by the Carrier, payable by the Shipper at the time of booking as a deposit and is deemed to be acceptance of the quotation. However, this percentage may vary according to the country and region. FRETBAY reserves the right to increase or reduce the commission fees after the information of the change has been issued at least 15 days before. Any quotation validated before the possible change of the commission does not affect the quotation previously booked. The change will exclusively concern the new quotations that the Carrier will submit. FRETBAY reserves the right to waive (or reduce) these commission fees for certain Carriers as a marketing/promotional activity for a limited time. FRETBAY also reserves the right to introduce reduced commission fees in certain countries. The new commission fee will be mentioned and published on the T&C of the Site and the applications of the respective countries. However, in case of lack of information, a general commission fee of 20% to 25% on the accepted offer is charged. The Freight Forwarder 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. The Carrier undertakes to provide its services to the Shipper having paid a deposit for the agreed service. Therefore, the Carrier shall provide an invoice if requested by the Shipper. FRETBAY reserves the right to request proof of payment in the event of transport cancellations by the Carrier. However, such cancellations shall not occur more than three times. In the case of three repetitive, unjustified and/or abusive cancellations by the Carrier, FRETBAY reserves the right to suspend its registration to the databases without prior 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 on it, the amount of which is set by FreightBay. 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, regardless of the reason, will be published in the "cancellations " tab in order to inform the Sender.
The cancellation of an advert removes one point from the profile of the Carrier concerned. The accounting of points is automatic and FRETBAY cannot intervene in any way.

User origin Carrier Rate
France 20%
Outside France 25%
Article 24: FRETBAY COMMISSION

The deposit can be refunded in the event that the chosen Carrier is no longer able to ensure the transport and cancels the delivery of the item or the removal. FRETBAY reserves the right to ask the User for any necessary proof of the reason for the cancellation. Following the cancellation from the mover, FretBay may find another provider to replace the first one. In this case, there is no refund.

On the other hand, if the Shipper cancels the service, then the deposit linked to the booking on FretBay is not refunded. For all requests for reimbursement of the deposit paid, the Shipper must make a request by email to support@fretbay.com within a maximum period of two months from the expected date of shipment indicated on the quote accepted by the Shipper on FRETBAY. Please note that this request will require confirmation from the Carrier that the loading has not actually taken place. FretBay reserves the right to request proof from the Shipper in order to support its claim.

The Shipper may enter flexible loading and delivery dates. In this case, the Carrier is committed to make delivery within the ranges desired by the Shipper unless they agree on a live post-close date. If the Carrier proposes a date prior to validation, it has the possibility of modifying it afterwards, according to its groupings and without penalty as long as the new proposed dates remain within the range of dates desired by the Shipper.

No refund shall be made if these conditions are not met or if the cancellation is the result of a failure to inform the Shipper or a change in the terms of the contract on the part of the Shipper forcing the Carrier to cancel. If the cancellation is made by the Shipper and the Shipper books another service provider on FretBay for the same service, FretBay reserves the right to exceptionally grant a refund equivalent to the amount of the less expensive of the two down payments. If the Shipper has to cancel the transport for reasons beyond its control, presenting all the characteristics of "force majeure" and justifying its situation with supporting evidence, in this case FretBay reserves the right to possibly grant a credit note. The validity period of the latter is 3 months maximum from the date of issue. No credit note 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 differences that may arise between the Carrier and the Shipper, it is their responsibility after acceptance of the offer to find 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 shall only be taken into account if the Carrier, after having been notified within 48 hours, confirms the cancellation and the reason for the cancellation. If the Carrier/professional mover disagrees with the Shipper and contests the reason for the cancellation or vice versa, either party may request a more thorough examination by FretBay staff and thus let FretBay make a fair decision without the possibility of contesting it.

The refund period is approximately 30 days from the refund request e-mail 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 forcing FretBay to wait before making the refund (e.g. waiting for proof, waiting for confirmation of cancellation by one of the two parties, etc.)

Article 25: INSURANCE

FretBay est enregistré à l’ORIAS en tant que mandataire d’assurance sous le numéro 20000116.

Information on insurance is available at the time of subscription on our Website and on the Application.

FretBay is a partner of AXA for the insurance of goods transportation. The conditions of application of the insurance are described in the information notice available at the following address : Information note provided by AXA

Insurance of "goods with declared value" of Shippers

FretBay also allows Users to subscribe directly to a declared value insurance offered by AXA providing protection for goods with a value of less than 20,000 euros.

In the event of a claim, the Shipper will have to pay a minimum excess of €150.;.

The conditions of application of the Shipper's "declared value" insurance are described in the information notice available at the following address :
Information notice provided by AXA

The general and specific conditions of the Shipper's insurance are described in the documents accessible at the following addresses :
General conditions provided by AXA
Special conditions provided by AXA

The information document on the insurance product is available at the following address :
Information document on the insurance product provided by AXA

In case of a claim, the User is invited to contact FretBay at the following address: assurance@fretbay.com

Article 26: IMPAYMENT

In the event of an unpaid invoice due to fraudulent use of a means of payment, FretBay shall apply to the Shipper an administration fee equal to 20% of the amount of the unpaid invoice, without this fee being less than fifty (50) euros excluding tax. The User authorises FretBay to collect the amount of the unpaid invoice, plus the administration fee.

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

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

Article 27: TAXES

Users are liable for all taxes, duties and fees resulting from the use of our Services.

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

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

Article 28: RIGHT OF WITHDRAWAL

You are informed that, in application of article L. 221-28 of the Consumer Code, all services offered on the Site are not subject to the application of the right of withdrawal provided for in articles L. 221-15 of the Consumer Code regarding distance selling.

As FretBay is at the origin of goods transportation services whose execution begins with its authorization and according to article L. 221-28 of the Consumer Code, the exercise of the right of withdrawal is excluded for FretBay's activity.

Article 29: HYPERTEXT LINKS

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

ARTICLE 30: INFRINGEMENT

Without prejudice to any other remedy, FRETBAY reserves the right to issue a warning or to temporarily suspend the registration of certain Users, who will however be informed by e-mail of the reasons for the suspension at the time it takes effect, in the following cases :

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

b. If FRETBAY is unable to verify or authenticate the information provided, and the User does not respond to FRETBAY's authentication requests or cannot be reached

c. Or if FRETBAY believes that the User's actions may give rise to liability for them, FRETBAY or other Users.

d. For any other reason that FretBay considers admissible.

After a period of 30 days from the suspension, and following the processing of the possible complaint, clarifications of the facts and circumstances of the user, FRETBAY reserves the right to reinstate or permanently suspend the user.

ARTICLE 31: GUARANTEES

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

With regard to the assignment of rights and obligations under the T&Cs;
Users give their consent to FretBay to transfer all its rights and obligations under its contractual relations with Users to any third party and without their prior consent.
In particular, in case of a merger by incorporation of a new company, contribution, merger, split or any change of control affecting FretBay, the contractual relations shall continue without the need for FretBay to inform the users.

With regard to the waiver of the application of a stipulation of the T&Cs;
The fact that users or FretBay do not require the application of a provision of the T&Cs, either permanently or temporarily, shall not be considered as a waiver of the rights arising from this provision. In particular, FretBay reserves the right to waive the application of a provision of the T&Cs in exceptional circumstances, as it deems fit.

With regard to the entire T&Cs;
The provisions of the T&Cs express the entire agreement between the users and FretBay. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present agreement and over any other stipulation exchanged between the parties regarding the subject matter. Moreover, the frequently asked questions available on the Site are not part of the T&Cs and their content is not binding for FretBay.

With regard to the exclusive nullity of a provision of the T&Cs;
In the event that one of the provisions of the T&Cs is declared null and void by a change in legislation, regulations or by a court decision, this shall not affect the validity of the other provisions and compliance with the T&Cs, unless the provision declared null and void is essential, modifies the interdependence of certain provisions or modifies the general structure of the T&Cs.
In this case, the disputed clause will be deleted and replaced by a legal clause.

ARTICLE 32: INTELLECTUAL PROPERTY

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

ARTICLE 33: PROTECTION OF PERSONAL DATA

FRETBAY has a personal data protection policy, the characteristics of which are explained in the document entitled « Privacy Policy », which the User is expressly invited to read.

ARTICLE 34: COMPLAINTS MANAGEMENT AND MEDIATION OF DISPUTES

As part of the resolution of disputes between Users -or Complaint Management-, they agree to seek an amicable resolution beforehand. As FretBay's status is limited to its role as an online platform operator, it is reminded that it cannot be held responsible for any dispute related to the execution of a transport of goods. However, in the event of a dispute between Shipper Users and Carrier Users, FretBay may play an intermediary role in order to reach an amicable resolution of the dispute, without FretBay having any obligation, of means or of result, in this respect and without making any particular commitment. For any claim, the user may contact FretBay by e-mail at the following address: support@fretbay.com

As part of the resolution of disputes between Users and FretBay -or Mediation of disputes between FretBay and Users-

For disputes between FretBay and a User related to the T&Cs, the User undertakes before any other diligence to try to solve his dispute directly with FretBay, by a written complaint to be sent to FretBay at the following e-mail address : support@fretbay.com or to legal@fretbay.com.

Users who have not managed to resolve their dispute with FretBay are eligible for mediation within one year from the first contact with FretBay's legal department. In this case, the User undertakes to contact the online dispute resolution service proposed by the European Commission accessible at the following address : https://webgate.ec.europa.eu/odr/.

ARTICLE 35: APPLICABLE LAW, JURISDICTION AND COMPLIANCE

The T&Cs are subject to French law. In this sense, they comply with decrees no. 2017-1434, no. 2017-1435, no. 2017-1436 of 29 September 2017 relating to the online publication of consumer reviews as well as all provisions relating to consumer protection and the regulation of commercial relations. The parties undertake, prior to any legal proceedings, to settle the dispute amicably or to mediate through the online dispute resolution service proposed by the European Commission and accessible at the following address: https://webgate.ec.europa.eu/odr/. Any legal proceedings shall be subject to French law and to the jurisdiction of the Paris court. (mix of former articles 27 and 33) https://webgate.ec.europa.eu/odr/.

ARTICLE 36: NOTICE PERIODS AND ENTRY INTO FORCE OF THE T&Cs

In accordance with Regulation 2019/1150 promoting fairness and transparency for businesses using online intermediation services, following a 15-day notice period for changes to the general terms and conditions of use, these GCU shall come into force on 05 January 2022.

Last update: 23/07/2020