General terms and conditions of sale

Preamble 

These General Terms and Conditions of Sale(hereinafter referred to as the ” Terms“) apply to the sale of services on the www.lockall.fr website (hereinafter referred to as the ” Site“) and define the rights and obligations of the Company and the Client in the context of any provision of storage space. 

The Conditions apply without restriction or reservation to all users and customers of the Site wishing to use the Services and/or to purchase the Company’s services. The Terms only apply to the services mentioned in the article ” Description of the Services ” herein, the Company not offering any lease, rental, guarding or deposit contract services.

The Conditions can be consulted on the website www.lockall.fr and are made available to customers who have concluded a contract for the provision of storage space as well as to any user who requests them. Acceptance of the Terms and Conditions is mandatory prior to any subscription to the Company’s services by the Client. 

The Customer acknowledges and accepts that any provision of storage space implies unreserved acceptance of the following provisions and conditions of sale as well as the annexes. The Customer acknowledges having accepted the Conditions before placing an order on the Site, the fact of placing an order implying full, immediate and unconditional acceptance by the Customer of the Conditions in force at the time of placing the order. 

The current version of the Conditions is the only one opposable to the Client and to the users of the Site: 

• During the entire period of use of the Site and until a new version replaces it. The Company reserves the right to modify these Terms at any time, subject to prior notice to its Clients, who will be deemed to have accepted the modifications if they have not expressed any reservations within thirty (30) days of the notification of the modification;
• For any order of the products and services of the Site. 

The Conditions shall prevail over any other document issued by the Company or any other general conditions of purchase. The Company reserves the right to derogate from certain clauses of these Conditions or to establish special general conditions of sale for specific customers. The special conditions of sale shall prevail over the general conditions of sale. 

These Terms and Conditions came into force on 16 February 2021.

Definitions 

In these Conditions, the following terms shall have the following meanings: 

• ” Application “: means the Company’s mobile application available on the Apple Store and Google Play to schedule the execution of the Company’s Services;
• ” Insurance “: means the compulsory insurance taken out by the Client for any rental contract with the Company;
• ” Box ” means an individual partitioned storage space;
• ” Storage Centre “: means one of the centres belonging to the Company, where the Boxes made available to the Client are located;
• ” Customer “: refers to any legal entity with the status of a professional placing an order on the Site or in accordance with the provisions of the preliminary article of the Consumer Code, and/or any natural person who is acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, placing an order on the Site;
• ” Click & Collect “: refers to a service enabling the Company’s Clients – having subscribed to a rental contract – to collect their orders and/or deliveries placed with third parties, in specific storage boxes provided for this purpose in the Company’s premises. The use of this service is detailed in Appendix 1 hereof; 
• ” Terms ” means these general terms and conditions of sale and its annexes;
• ” Provision “: means the provision of a Box to the Customer, without any other rights such as a lease, rental, guarding or deposit contract. 
• “Service Offer”: means the Service Offer proposed to the Client by the Company; 
• ” Site ” means the website www.lockall.fr or any other website operated by the Company and made available as part of the Services; 
• « Société » : désigne la société Lockall, Société par Actions simplifiée, au capital social de 16.000 €, immatriculée au R.C.S. de Paris sous le n° 894 420 587, dont le siège social est sis 11 rue Piccini, 75116 PARIS, représentée parSODEVAL FRANCE, Société par Actions simplifiée, au capital social de 5.000 €, immatriculée au R.C.S. de Paris sous le n° 879 448 75, dont le siège social est sis 11 rue Piccini, 75116 PARIS, en sa qualité de Président ; [1] 
• ” Tariff “: means the price applicable to the Services communicated to the Customer via the Site prior to validation of the order;
• ” User ” means any user of the Site. 

The Client or the Company are referred to individually as the ” Party ” and collectively as the ” Parties “. 

Article 1 – Choosing your online box  

1. Creating a personal account 

In order to place an order on the Site, the Customer is invited to create a personal account on the Site. To create his account, he will be asked to define a connection identifier and a password. The Client is solely responsible for the security and confidentiality of his connection identifiers and must notify the Company without delay in the event of loss or theft of his identifiers. The Company shall not be held liable in the event of loss or theft of the Client’s login details resulting in fraudulent use of the Client’s account. 

On his personal space, the Customer will have to fill in the following elements: name, first name, e-mail address, billing address, telephone number and the company he represents(if applicable). 

The Client must also upload a copy of an identity document to his personal space. The Company will not be able to confirm the provision of a storage unit without the requested proof of identity. On the day of collection of the lock-up, the Client must be in possession of the proof of identity uploaded to the Site, which will be checked for verification purposes. 

The Customer is invited to refer to the Privacy Policy of the Site to find out how their personal data is processed. 

The Customer guarantees that all the information provided in his customer area is accurate, up to date and sincere. He also guarantees that he is a natural person, of age and able to contract. The legal entity Customer declares and guarantees that he is not in a situation of collective procedure and that the person who has subscribed to an offer for the provision of a Box is authorised to represent and commit the legal entity. The Customer is solely responsible for the accuracy of the information provided in his customer area. In this respect, they undertake to update the information if necessary. The Company shall not be held liable in the event of truncated, inaccurate or missing data having a direct or indirect impact on the performance of the service by the Company. 

• Choose a date for my Box

In order to benefit from the provision of a Box, the Customer must indicate the date on which the provision of the Box is to begin. The Customer is informed that no box can be made available more than two weeks in advance. In the event of a specific emergency or unavailability of a box on our site, the Customer may contact our customer service department on(telephone number[2] ). 

• Choose the size of the box

The customer then has to choose the size of his box according to the following dimensions: “S”, “M”, “L” and “XL”. 

In case of difficulty in choosing the right storage size, the Client can use the storage area calculator tool available on the Site or ask to be called back by one of the Company’s Customer Advisors. 

• Select an available box 

The Client must then choose one or other of the box offers made available to him. The Client is informed that the surface areas indicated on the Site are not contractually binding and the Company cannot make any commitment in this respect, as it can only provide the Client with statistical sizes and endeavour to provide the Client with a surface area as close as possible to the box selected when ordering. By signing these Conditions, the Client acknowledges and accepts that there may be a difference in size between the estimated size at the time of the subscription for the provision of a Box and the actual size of the box that will be provided and waives the right to hold the Company liable in the event of a difference in size. 

Once the offer has been selected, a summary of the order will be displayed for the Customer. If the latter has a discount code, he/she must insert it in the box provided for this purpose. 

• Choice of options 

The Customer must then customise the following options: 

1. Compulsory insurance 

The Client is hereby informed that for any provision of a Box to the Company, insurance is compulsory, as follows:

The total value of the goods stored in the Boxes must not exceed the value indicated in any of the subscribed terms. In the event of a dispute, the Client will not be reimbursed for the amount of the premium subscribed and will only be reimbursed up to the maximum value of the tier subscribed. The Company cannot be held liable for an amount greater than the total value declared in the Boxes by the Client when subscribing to the Offer and the compulsory Insurance. In the event of a dispute regarding the value of the goods stored in the boxes, only the value indicated by the Client when subscribing to the Offer will be retained and may not exceed the maximum value of the level subscribed to.

2. Choice of the location of the box 

The Customer must then choose the geographical location of his box. If the Customer wishes to have the best distance/price ratio or a premium offer, he/she will have to pay an additional monthly fee. 

The metric data or “strides” indicated at the time of the order are given for illustrative purposes only and have no contractual value, and the Company cannot make any commitment in this respect. 

Once the options have been selected, a corrective summary of the order will be displayed for the Customer. 

• Payment 

Before proceeding to payment, the Customer must check the status of his or her order basket and accept these Conditions by ticking the box provided for this purpose in the ” Pop-Up ” area displayed on the Site. This validation implies acceptance of all of these Terms and Conditions and of the Contract for the provision of a Box. Any subscription to an offer by the Customer implies acceptance of the prices and descriptions of the products and services purchased. Following payment, the Customer will receive an email summarising his/her order, together with a summary order form and the corresponding invoice.

Article 2 – Control, Modification and Cancellation of Orders 

1. Modification and cancellation of Orders 

In accordance with the provisions of articleL.221-18 of the Consumer Code, the consumer or non-professional Customer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, without having to give reasons for his decision or to bear any costs other than those provided for in articles L.221-23 to L.221-25 of the same code. The Customer may then cancel the order without any costs or penalties. The sums paid by the Customer will be refunded in full by bank transfer within a maximum of thirty (30) days. 

However, the consumer or non-professional Client is informed – pursuant to Article L.221-28 of the same code – that the exercise of this right does not apply once the Company’s service has begun, i.e. once the first invoice for the provision of the Box to the Client by the company has been issued, implying a reservation of the Box for the Client.

Once the legal withdrawal period has expired or is not applicable, any modification or cancellation of the order shall be carried out under the following conditions: 

• From the day and time of placing the order, the Customer has a period of twenty-four (24) hours to cancel the order without charge. The Customer will be reimbursed for the full amount of the order, by bank transfer, within a maximum of thirty (30) days; 
• After this period, in the event of modification or cancellation of an order, the Client is informed that the first month’s supply of the Box will be due to the Company under the following conditions: in the event of cancellation of an order that has not been started within twenty-four hours, the order will be reimbursed in full. After twenty-four hours, any contract that has not been started will be reimbursed at the rate of 50% of the total price paid by the client. In the case of a contract of provision started (the date of provision of the box has started), the first month will be due by the Customer in case of cancellation beyond twenty-four hours.
• Refusal of an order

The Company reserves the right to suspend any order processing and any provision of boxes in the event of refusal to authorise payment by the officially accredited payment organisations or in the event of non-payment of an order. 

The Company also reserves the right to refuse any order from a Client who has not paid in full or in part for a previous order or with whom a payment dispute is being processed, or any other dispute of any kind. This provision is applicable in the event of a previous order made online, or by quotation, by telephone, by means of an order form or any other sales channel of the Company. 

Article 3 – Fees and payment 

1. Rates 

The prices displayed on the Site are indicated in euros, inclusive of all taxes, and are those in force at the time of confirmation of the order by the Client. The Company reserves the right to modify or revise its prices at any time, but undertakes to apply the prices in force at the time of the Client’s order. In the event of a price revision, the Company shall give the Client thirty (30) days’ notice. If the Client does not respond within fifteen (15) days, the Client will be deemed to have accepted the price revision. 

• Discounts 

The Company reserves the right to run special promotions and discounts on its services. Temporary promotions are indicated on the Site, including the dates of application of the discount.

• Terms of payment 

Any order placed implies payment by the Customer. At the time of placing the order, the Customer must pay the amount due for the first month of availability. The payment is made according to two methods, left to the choice of the customer: 

• By credit card, through our payment manager STRIPE, the latter acting as the person responsible for processing the Customer’s bank details. The Customer will be debited automatically each month on his credit card with the applicable monthly payment;
• By providing a SEPA mandate authorising the monthly direct debit of the applicable monthly instalment(e.g. for a provision date of 15 February, the Customer will have to pay for the first month, from 15 February to 15 March, and the first direct debit will begin on 16 March for the period from 16 March to 16 April). 

At no time may the sums paid for any invoice be considered as a deposit or advance payment. 

After placing an order, the Customer will receive an invoice by e-mail, within a maximum of 24 hours after placing the order. 

The Client is informed that in the event of unpaid fees and after a period of seventy-two hours (72h), the Client will have a period of ten (10) days to regularise the payment. After this period, the Company will send the Client, by registered letter with acknowledgement of receipt, a formal notice to make an appointment to proceed with the evacuation of its box and goods. During this period, access to the Box will be blocked for the Client. If the Client does not respond within thirty (30) days, the goods will be considered as abandoned and the Company may freely dispose of the goods stored in the Client’s Box and proceed with their removal. The Client may also be invoiced for the cost of removing the goods. 

• Payment incidents applicable to professionals

Professional Customers are informed that any delay in the payment of invoices, as from the day following the due date of the latter, will automatically lead to the application of late payment penalties calculated on the unpaid amount excluding tax on the invoice and collection costs – and detailed in the appendix – and equal to at least three times the legal interest rate in force. They shall be payable by operation of law and without prior notice. 

In addition, pursuant to Article L. 441-10 of the French Commercial Code, a fixed indemnity for collection costs of €40.00 shall be payable by the Client to the Company, even in the event of partial payment of the invoice, without prejudice to any other action that the Company may be entitled to take against the Client and at the latter’s expense for the purpose of collecting its invoices and any other damages that may be due to it.

In the event of non-compliance with the payment conditions set out above, the Company also reserves the right to suspend access to the Site and to the Client’s personal space and to suspend the performance of services and the provision of Boxes until the invoices are settled. 

These provisions apply without prejudice to any other judicial or extrajudicial actions that the Company may be entitled to take against the client to obtain payment of its invoices. 

• Payment incidents applicable to consumer customers 

The consumer Customer is informed that any delay in payment of all or part of an amount due on its due date will automatically result in the forfeiture of all amounts due by the Customer and their immediate payment. 

In addition, in the event of non-compliance with the payment conditions set out above, the Company also reserves the right to suspend access to the Site and to the Client’s dedicated space, and to suspend the performance of services and the provision of boxes, until the invoices are settled. 

These provisions apply without prejudice to any other judicial or extrajudicial actions that the Company may be entitled to take against the client to obtain payment of its invoices. 

Article 4 – Duration, Renewal and Termination 

1. Initial duration 

Unless otherwise stipulated in the Special Terms and Conditions, the Storage Space Agreement is concluded for an initial period of at least one (1) month from the date on which the storage space is made available. 

• Renewal 

At the end of this month, the Contract will be renewed by tacit agreement for renewable periods of one month if the Client has not requested the termination of the Contract. Any renewal of the Contract also implies a renewal of the monthly payment due for the insurance. 

At the end of the initial period, the Client who does not wish to renew the Contract must contact the Company’s Customer Service Department or via its dedicated space on the Website (allowing the Company to be notified of the Client’s wish to terminate the Contract), subject to a minimum of forty-eight hours (48h) notice, excluding public holidays and Sundays, prior to the expiry date of the Contract, in order to arrange an appointment to carry out the inventory of fixtures and fittings and to hand over the keys to the Box. 

The Customer is informed that any month started will be due by the Customer(e.g.: initial duration from 10 January to 10 February, if the Customer continues to use the box from 11 February, he will be liable for the fee – including insurance – valid for the period from 11 February to 11 March). 

• Termination for fault of the Customer

The Company may terminate a contract for the provision of a Box at any time if the latter does not comply with any of the provisions of these Conditions and in particular if : 

• The Client does not respect the rules for using the Boxes and/or the Company’s internal regulations;
• A payment dispute is in progress with a Customer which has not been resolved in accordance with the terms and conditions set out in Article 2 hereof.
• The Customer has provided incorrect, incomplete or misleading information when ordering; 
• The Client infringes, in any way whatsoever, the rights, of any kind, of the Company, of other Clients of the Company and/or of third parties in the context of its management and/or use of the Box, and, more generally, in the context of its use of the Site, the Application and the Company’s Services; 
• The Client uses, by any means whatsoever, the Site, the Application, the Box and/or the services offered by the Company, in an abusive manner, the consequences of which would be likely to infringe the rights of the Company, of other Clients of the Company or of third parties. 

The Company will, where appropriate, send the Client the reasons for its decision and the measures that the Client must take to remedy the breach. This notification, equivalent to a formal notice, must refer to this clause, specify the breach in question and be sent by registered letter with acknowledgement of receipt to the Client and indicate the deadline of fifteen (15) days for the Client to comply with its obligations. These deadlines are not applicable in the event of force majeure or any other cause left to the Company’s free discretion (e.g. serious contravention of the internal regulations, endangerment of others or the Company’s property, etc.). 

Such notification shall be conclusively presumed to have been received on the day of the first presentation of the aforementioned registered letter at the Client’s domicile or registered office.  

If the Client fails to comply, the Company will send, by registered mail with acknowledgement of receipt, a formal notice to the Client to come and take possession of his goods and to empty the Box, by contacting the Company’s customer service department to agree on an appointment. If the Client does not attend the appointment, the Company will send a new formal notice giving the Client a period of fifteen (15) days to recover his goods. After this period, the contract of provision will be considered terminated and the Company may proceed to remove the Client’s goods from the Box. The evacuation of the goods will be done at the Client’s expense and risk. This action is carried out without prejudice to any damages and any other recourse available as a result of the loss suffered. 

• Provisions applicable in the event of the Company’s fault

In the event of a breach by one of the Parties of one of its essential obligations expressly provided for herein, the other Party may notify the breach. This notification, valid as a formal notice, shall refer to the present clause, specify the breach in question and be sent by registered letter with acknowledgement of receipt to the defaulting Party and indicate the period of fifteen (15) days to be respected by the latter to comply with its obligations. Such notification shall be conclusively presumed to have been received on the day of the first presentation of the aforementioned registered letter at the domicile or registered office of the Party concerned indicated herein. 

In the event of non-performance by the other party and thirty (30) days after notice of default has remained without effect or without any response from the debtor of the obligation, the creditor of the non-performed obligation shall be entitled to unilaterally terminate the Contract, without prejudice to any damages and any other remedy available as a result of the loss suffered. 

The termination of this Agreement shall not relieve any Party of any past obligations it may still have towards the other Party, including in particular the payment obligations provided for herein, nor shall it remove any liability incurred by a Party prior to such termination. It is expressly agreed between the Parties that the debtor of an obligation to pay hereunder shall be validly put in default by the mere due date of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.

• Organisation of the termination and return of the boxes

For a termination of the provision of a Box to be valid, the following conditions must be met: 

• The Box must be returned empty, clean of waste and the customer’s balance must be zero. The client must have paid all applicable invoices; 
• The cancellation can only be made after an appointment for the inventory of fixtures has been arranged with the company’s customer service department (by telephone or online, via the space provided for this purpose on the Site);
• The Customer must hand in his access badge if applicable; 
• In the event of non-payment of current invoices, no termination shall be considered as fully executed and the Customer shall be liable for any additional costs. 
• Commissioners’ agreement 

Any termination of the contract for the provision of a storage unit or any termination of the Contract will give rise to the removal of the goods by the Client. If the Client does not comply with the Company’s instructions, in particular to attend the appointment for the removal of its goods, the Company will send it a formal notice by registered mail to proceed with the removal of its goods within fifteen (15) days. After this period, the Company will evacuate the goods and the Company will be free to use the goods. 

Article 5 – Responsibility and Obligations of the Client 

Any breach of any of the provisions below may result in the cancellation of the provision of the Box by the Company or the termination of a provision in progress, without the Client being able to claim compensation or a refund of its order. 

1. a) Destination

The Company grants the Client the right to occupy and use the Box solely for the purposes set out in these conditions. In this respect : 

• The Customer may not occupy and use the box other than for the storage of authorised goods; 
• The Customer is not authorised to carry out a commercial, industrial, craft or liberal activity or any other professional activity, nor to use it as a commercial address, place of work or office, nor to have his mail delivered there(except for the Click & Collect system); 
• The Client is not permitted to occupy the property for residential purposes;
• The Customer may not assign or pledge any rights to the Box to a third party or make it available to a third party in whole or in part; 
• The Customer is not allowed to use the Box for illegal activities; 
• The provision contract cannot be interpreted as a rental, guarding or surveillance contract or as granting the Client any right to lease.

Nothing herein shall be construed as giving the Client any right of ownership over the Box and/or the Company’s services. 

• b) Stored goods

The Client guarantees that it has the property rights to the goods stored in the reserved box(es) and undertakes to indemnify the Company against any claim, cost, action or dispute relating to the possession of these goods. All goods stored in the Box are under the Client’s sole responsibility, the Company not providing any surveillance and custody services for the boxes. 

The Client undertakes to respect a maximum load of 500 kg/m2 of goods in the rented Box. 

The Customer is strictly forbidden to store or stock the following goods in the Box: 

• ▪ Any dangerous, prohibited, flammable, toxic, contaminating, explosive, malodorous product ; 
• Any product subject to specific storage regulations; 
• Any perishable foodstuff, particularly prone to rotting or the spread of disease; 
• Any product belonging to category E of the classification of goods for general shops according to the decree of 19 June 1956(cotton, hemp, jute, flax and other raw vegetable fibres); 
• Any product belonging to category F of the classification of goods for general shops according to the decree of 19 June 1956(acetone, smoking nitric acid, liquid acetylene, methylated spirits, aldehydes, chemical matches, benzine, benzol, calcium carbide, celluloid and other nitrocellulose, raw or processed; rags, ammonium chlorate, potassium chlorate, methyl chloride, collodium; copra; fatty waste of wool and cotton; ethers; explosives (materials, substances, devices of all kinds); gasoline, shale and petroleum oils, mineral oils and gasolines, fuel oil; ammonium nitrate, nitrobenzine; phosphorus; carbon sulphide, toluene and similar products; butane, propane, compressed and liquefied gas and all goods whose deposits are listed in the nomenclature of classified establishments or are the subject of special regulations in respect of the danger of fire.)
• Any flammable product or substance(gas cylinders, varnishes, oils, resins, paraffins, vegetable fibres, acetone, petrol, methylatedspirits , turpentine, benzene, nitrates, etc.) 
• Any oxidising product or substance(hydrogen, chlorates, peroxides, etc.) 
• Any toxic product or substance(fertilizers, stain removers, pesticides, nitric acid, stain removers, thinners, herbicides); 
• Any harmful product or substance (cleaning products, thinners, wood preservatives, paint removers)
• All types of waste(toxic, radioactive, hazardous, animal matter, etc.) as well as environmentally hazardous substances and preparations (CFCs, PCBs, pesticides, heavy metals, etc.).
• All radioactive materials and biological agents, all products containing asbestos(or treated asbestos);
• Any item from the following list: matches, lighters, fireworks, firearms and their ammunition, explosives, aerosol cans, explosives(butane, propane, acetylene, etc.);
• Any product that may cause the spread of disease, or that is sensitising, carcinogenic or mutagenic;
• All art and collectors’ items of any kind, furs, jewellery, watches, precious and semi-precious stones, valuable paintings as well as all precious metal objects worth more than €10,000
• Any cash, securities, stocks or shares ; 
• Any motorized land vehicle, marine vehicle and any wreck of a land or marine vehicle; 
• Any animal, dead or alive; 
• Any item that has been illegally traded, smuggled, stolen or fenced, as well as any illegal substance(drugs, counterfeits, etc.); 

The above list is not exhaustive and may be supplemented and modified at the Company’s sole discretion. In the event of a breach of any of the above rules, the Client shall assume full responsibility for the risks and shall indemnify the Company – and the Company’s other Clients – for any damage resulting from the storage of prohibited goods. 

• General obligations and guarantees

In using the Company’s services and making the Box available, the Client undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order. 

As such : 

• The Client also indemnifies the Company against any and all claims, demands, actions and/or demands which the Company may suffer as a result of the Client’s breach of any of its obligations or warranties under these Conditions;
• The Customer may be held liable if damage is caused by its goods or by its fault to other goods stored in neighbouring storage units, to the Storage Centre, to persons or to third parties; 
• The Customer shall be responsible for any damage to the equipment and installations present on the Storage Centre resulting from its own actions and those of any third party having had access to the Site with its access code and shall bear all the costs of repairing and/or replacing the damaged equipment and/or installations;
• In this respect, the Client undertakes to compensate the Company for any loss it may suffer and to bear all costs and penalties it may incur as a result;
• The Client undertakes to comply with these Terms and Conditions and the Internal Regulations, as the Company does not carry out any checks to verify that the Client complies with these rules. In this respect, the Client undertakes to guarantee and indemnify the Company, where applicable, against any complaint, recourse or dispute brought by a third party as a direct or indirect consequence of the Client’s failure to comply with its obligations. 

Article 6 – Responsibilities and obligations of the Company  

1. General provisions 

The Company undertakes to provide the services indicated herein in accordance with the rules of the trade and in the best possible manner. In this respect, it is bound by an obligation of means and not of result. It is up to the Company to put in place the human resources and to equip itself with the material resources necessary for the execution of its mission. 

The Company undertakes to inform the Client of the essential characteristics of the services provided, prior to signing this agreement. The Client is informed that in each of the Company’s Box storage centres, a representative of the Company’s staff is present to advise the Client with regard to the evolution of its storage needs or to advise it on any need for transport, removal or hire of a utility vehicle. 

The Company shall be solely liable for the acts of its agents. The Company and the Client agree that neither of them shall incur any liability for any loss of profits, customers or business interruption suffered by either of them. 

The Company shall not be held liable in the event that the Client uses the services and boxes in a manner not provided for herein and/or contrary to the Company’s recommendations. The Client releases the Company from any liability and waives any recourse against it in the event of theft or damage affecting the stored goods. 

In any event and to the extent permitted by law, the Company’s liability in respect of the provision of the Services is limited to the sums received by the Company in respect of the said service and paid by the Client. 

• Provisions relating to stored goods 

The Company does not intend to offer any lease, rental, security or deposit agreement services. The Company cannot be qualified, under any circumstances, as a custodian or guardian of the boxes and the goods stored therein. The Company is not bound by any obligation to monitor, keep, maintain, preserve or return the goods stored. It shall not carry out any checks on the compliance of the stored goods with the storage prohibitions and safety rules indicated herein. In this respect, the Company shall not be held liable for any damage to the Client’s goods, as the said goods are under the Client’s full and sole supervision and responsibility. The Company shall not be held liable in the event of theft or break-in of the Client’s boxes. 

The Client remains the sole owner of its goods and assumes all risks and perils relating to the latter, in particular all costs relating to damage for which the Company is not responsible, including any damage caused directly or indirectly by any third party. The goods stored in the Box are stored under the sole responsibility of the Client. 

The Client also indemnifies the Company against all claims, actions and disputes brought by third parties in relation to the goods stored in the Boxes. 

In the event of force majeure, endangering the lives of others or which could damage the property of the Client or the Company or the Company’s other clients, or if required by the public authorities, the latter may have access to the Client’s Box in order to, if necessary, resolve the case of force majeure or to evacuate the Client’s property. 

If the Company has to carry out work on the Client’s Box, it undertakes to give the Client ten (10) days’ notice and shall agree with the Client, within the same period of time, to arrange an appointment for the Client to evacuate or protect its property. If the Client fails to respond within this period or fails to attend the appointment, the Company may carry out the necessary work and evacuate or protect the Client’s property at the Client’s expense and risk. 

The Company may request the Client to change the box during the course of the contract, for a box of equivalent size, for any legitimate reason given by the Company. The cost of moving from one box to another will be borne by the Company. 

Article 7 – Personal data  

The Company’s obligations regarding the protection of the Client’s personal data are described in the appendix “Protection of Personal Data”. 

Article 8 – Force majeure 

In the event of the occurrence of an event of force majeure, as defined by the law and the jurisprudence of the French courts, making it impossible for one of the Parties to perform its obligations for more than thirty (30) days, and if the case of force majeure continues, each of the parties shall have the right to terminate this contract by operation of law, without any compensation being due by either party, by registered letter with acknowledgement of receipt sent to the other party

The Parties may not under any circumstances be held liable for any non-performance and/or breach of the Contract arising from a case of force majeure and no compensation may be claimed by one Party from the other in this respect.

However, as soon as the case of force majeure that caused the suspension of their respective obligations disappears, the parties must make every effort to resume normal performance of their contractual obligations as soon as possible. The party prevented from doing so shall notify the other party by registered letter with acknowledgement of receipt of the resumption of its obligation. 

Article 9 – Applicable law and settlement of disputes 

1. General provisions 

These General Terms and Conditions and the transactions arising from them are governed by French law.

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the present contract. In this respect, the party wishing to implement the amicable conciliation procedure must notify the other party, by registered letter with acknowledgement of receipt, of its intention to implement the said procedure, specifying the difficulties of application encountered or the breaches noted. 

This settlement procedure is a mandatory prerequisite to the institution of legal proceedings between the Parties. Any legal action brought in violation of this clause shall be declared inadmissible.

If the parties fail to reach an amicable agreement within thirty (30) calendar days of the first notification, each of them will regain full freedom of action. 

If an amicable resolution cannot be reached despite the efforts made, any dispute relating to the execution, interpretation, validity and resolution of the Conditions will be submitted to the competent courts under the conditions of common law. 

• Special provisions for consumer customers

The European Commission has set up an online dispute resolution platform for the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following address: https: //webgate.ec.europa.eu/odr/. The said procedure is free of charge. The customer may, at his own expense, be assisted by the counsel of his choice. 

The customer is free to accept or refuse the recourse to mediation and/or any possible solution proposed by the mediator. 

Article 10 – Miscellaneous clauses

Severability: If one or more provisions of these Conditions are held to be invalid or declared null and void in application of a law or regulation or following a court decision having the authority of res judicata, this does not affect the other provisions of the Conditions. 

Non-waiver: The fact that the Company or the Client has not availed itself of a breach by the other party of any of its obligations under these Conditions shall not be construed as a waiver of the obligation in question for the future. 

Partial Invalidity: In the event of any inconsistency between any provision of the Terms and Conditions and any present or future law, statute, ordinance, regulation, court order or collective bargaining agreement, the latter shall prevail, provided that the provision hereof so affected shall be limited only to the extent necessary and no other provision shall be affected. 

Language of the Conditions: These Terms and Conditions and the operations arising from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute. 

No affection societatis: The Parties agree that the Terms exclude any intention to create a company, association or other structure with the purpose of pooling skills or sharing any benefits in any form.

Assignment of the Contract : The Contract is concluded intuitu personae, in consideration of each of the Parties. Consequently, each of the Parties shall refrain from assigning or transferring to a third party, in any form and on any grounds whatsoever, all or part of the rights and obligations resulting from the Contract, without the prior written agreement of the other Party.

Election of domicile: For the performance of the Contract, these Conditions, its appendices and its consequences, the Parties elect domicile at their respective addresses indicated in the Contract and shall inform the other Party of any change of address. 

APPENDIX 1 – CONDITIONS OF USE OF THE “CLICK & COLLECT” SERVICE

1. Purpose 

The “Click & Collect” Service is a service that allows the Company’s Clients – having subscribed to a rental contract – to collect their orders and/or deliveries from third parties, in specific storage boxes provided for this purpose in the Company’s premises. 

• Terms of use

Access to this service is only authorised to the Company’s Clients who have a current rental contract for a storage unit. The first 24 hours of use of this service are free of charge for the Client, after which the use of this service will be invoiced to the Client on a daily basis until the Client cancels the contract. The Client may request termination by contacting the Company’s Customer Service Department to make an appointment to collect the goods stored in the specific storage units. 

• Responsibility 

The Company is under no obligation to monitor or guard the goods delivered via this service. The Company shall not be liable for any theft, loss, damage or deterioration caused to the goods or to third parties as a result of using the Service. The Client is solely responsible for access to this service and for the collection of goods by third parties to whom he has given access. 

• Billing 

Access to this service will be indicated on a specific line on the monthly invoices sent to the Customer. Any delay in payment may give rise to the application of indemnities under the same conditions as in the present Conditions. 

• Additional provisions

The use of this service is subject to the same provisions applicable to these Conditions for the provision of Boxes. 

APPENDIX 2 – PROTECTION OF PERSONAL DATA

The Company undertakes to comply with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978 (known as the ” Loi Informatique et Libertés “), as amended by the Act of 20 June 2018 on the Protection of Personal Data, as well as Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the ” GDPR “), in the processing of all personal data to which the Company may have access in the context of the performance hereof and in particular the personal data of the Company’s Clients.  

The terms “data processing”, “controller”, “personal data”, “consent”, “data breach”, have the meaning given by the GDPR. 

1. Processing of personal data 

The Company acts as a data controller with respect to the personal data of its Clients to which it has access. The personal data of the Clients are collected by the Company for the following purposes: 

• Processing of orders, provision of boxes and related services; 
• Invoicing and collection of sums due by the Customer ;
• Communication with the Client in relation to the management and occupation of his Box. 

The Company undertakes to comply with the purposes indicated above and not to process personal data for a different purpose. The Company undertakes to carry out the processing of the Clients’ personal data in accordance with the principle of accountability, as understood by the RGPD, and only for the time strictly necessary for the purpose of the processing. 

2. Security of personal data 

The Company declares and undertakes to make every effort to provide security and confidentiality measures for personal data in accordance with the provisions of the RGPD. These measures shall be taken in accordance with the state of the art – and adapted to the financial and material capacities of the Company – and shall ensure an adequate level of security for personal data. 

In particular, the Company undertakes to put in place : 

• Organisational and technical security and confidentiality measures ;
• Specific procedures in case of a data breach

The Company also warrants that all individuals with access to personal data(including, without limitation, the Company’s personnel and/or its subcontractors) have undertaken to comply with the confidentiality obligations set out herein or are subject to similar obligations of confidentiality and protection of personal data. 

3. Transfer of personal data 

The Company declares and undertakes not to transfer the personal data of its Clients outside the European Union or to any country not recognised as offering an adequate level of protection as understood by the GDPR. 

4. Procedure in the event of a personal data breach

In the event of a data breach, the Company undertakes to notify its Clients within a maximum period of forty-eight (48) hours from the discovery of the breach. It also undertakes to notify the CNIL, in view of the impact of the said breach. 

5. Designation of subcontractors 

The Company undertakes and declares that it will only use subcontractors located within the European Union or in a country with an adequate level of protection of personal data as defined by the RGPD. 

6. Rights of individuals 

The Company undertakes to comply with the provisions of the RGPD regarding the collection of consent and the respect of personal rights. The Company undertakes to inform Clients and users of the Site and the Application of the methods of application of their rights of access, rectification, deletion, limitation of processing, rectification, opposition and portability of their personal data. 

The Customer may in particular exercise his rights of access, rectification, opposition, limitation of processing, rectification and portability of his personal data by writing directly to the Company at the following e-mail address: contact@lockall.fr

ANNEX 3 – INTERNAL RULES OF THE STORAGE CENTRE

LOCKALL

RULES OF PROCEDURE 

These Internal Regulations are intended to govern the terms of use of the Boxes made available to the Client, in application of the General Terms and Conditions of Sale, as well as the various services made available to the Client on the Company’s premises.

The Rules apply to any individual and Client inside the Company’s premises located at206 rue du Faubourg Saint Honoré 75008 PARIS.

A copy of the Internal Regulations is attached to the General Terms and Conditions of Sale accepted by the Client and together with the latter form part of the entire Contract between the Client and the Company. 

Article 1 – Terms of use of the Box 

1. Taking the Box 

The Customer undertakes to comply with the provisions of the Internal Regulations of the Storage Centre on the day he takes possession of his box. 

• How to access the Box

Access to the Box by the Customer is via the use and activation of a digital key via the Lockall Application, made available to the Customer, or, where applicable, by the use of an access code provided by the Company.  

The Boxes are only accessible to Clients from 7am to 9pm, 7 days a week. Access times may be modified from time to time at the sole discretion of the Company, which undertakes to inform the Clients in advance or to vary from one agency to another.  

The Company reserves the right to access the Client’s Box in the following ways: 

• The Company may also intervene in the event of a request from the Police, Customs, Fire Brigade, or any other competent authority or in application of a court decision and in particular an enforceable title or case of Force majeure; 
• The Company may intervene to carry out maintenance and repair work on the Box but undertakes to give prior notice to the Client. If the Client does not wish to be present on the day of the Company’s intervention or if he has not taken the measures recommended by the Company to protect his property during the intervention. 
• Access by third parties 

The Customer may give access to his Box to a third party, via the functionality provided for this purpose on the Application. The customer can manage the sharing of his access to the Customer Boxes on the Application.

The Client acknowledges and accepts full responsibility for the actions of any third party having access to its Box or using its access code. The Company shall not be held liable in the event of theft or fraudulent use of its access codes by a third party. The Client is solely responsible for the security of his access code. 

• Handover of the premises 

If the Client wishes to terminate the provision of a Box, he/she must contact the Company’s Customer Service Department to arrange an appointment for the handover of the keys and the inventory of fixtures or use the function provided for this purpose via his/her customer area on the Site.  

• The Client undertakes to return the Box in a clean and tidy condition and to have cleared the premises of all his belongings on the day of the appointment and to have removed any waste; 
• The Company may be required to invoice the Client for cleaning costs in the event of the return of a dirty Box; 
• At the time of delivery of the Box, the Client must have paid all outstanding charges and invoices, failing which the Company reserves the right to apply late payment penalties to the amounts due by the Client; 
• The Client undertakes to comply with the provisions of the Company’s Internal Regulations when disposing of its goods, cleaning the Box and disposing of waste;
• The Client shall return to the Company all badges and keys in its possession, if any, and the Company reserves the right to charge the Client for any replacement keys and/or badges that are destroyed, damaged or not returned; 

Article 2 – Destination of the boxes 

The Company grants the Client the right to occupy and use the Box solely for the purposes set out in these conditions. In this respect : 

• The Customer may not occupy and use the box other than for the storage of authorised goods; 
• The Client is not authorised to carry out a commercial, industrial, craft or liberal activity or any other professional activity, nor to use it as a commercial address, place of work or office, nor to have his mail delivered there(except for the Click & Collect system or the domiciliation service through affiliation with a Partner of the Company);
• The Client is not permitted to occupy the property for residential purposes;
• The Customer may not assign or pledge any rights to the Box to a third party or make it available to a third party in whole or in part; 

The Customer is not allowed to use the Box for illegal activities.

Article 3 – Stored goods 

The Client guarantees that it has the property rights to the goods stored in the reserved box(es) and undertakes to indemnify the Company against any claim, cost, action or dispute relating to the possession of these goods. All goods stored in the Box are under the Client’s sole responsibility, the Company not providing any surveillance and custody services for the boxes.  

The Client undertakes to respect a maximum load of 500 kg/m2 of goods in the rented Box. 

The Customer is strictly forbidden to store or stock the following goods in the Box: 

• Any dangerous, prohibited, flammable, toxic, contaminating, explosive, malodorous product; 
• Any product subject to specific storage regulations; 
• Any perishable foodstuff, particularly prone to rotting or the spread of disease;
• Any product belonging to category E of the classification of goods for general shops according to the decree of 19 June 1956(cotton, hemp, jute, flax and other raw vegetable fibres); 
• Any product belonging to category F of the classification of goods for general shops according to the decree of 19 June 1956(acetone, smoking nitric acid, liquid acetylene, methylated spirits, aldehydes, chemical matches, benzine, benzol, calcium carbide, celluloid and other nitrocellulose, raw or processed; rags, ammonium chlorate, potassium chlorate, methyl chloride, collodium; copra; fatty waste of wool and cotton; ethers; explosives (materials, substances, devices of all kinds); gasoline, shale and petroleum oils, mineral oils and gasolines, fuel oil; ammonium nitrate, nitrobenzine; phosphorus; carbon sulphide, toluene and similar products; butane, propane, compressed and liquefied gas and all goods whose deposits are listed in the nomenclature of classified establishments or are the subject of special regulations in respect of the danger of fire.)
• Any flammable product or substance(gas cylinders, varnishes, oils, resins, paraffins, vegetable fibres, acetone, petrol, methylated spirits, turpentine, benzene, nitrates, etc.) 
• Any oxidising product or substance(hydrogen, chlorates, peroxides, etc.) 
• Any toxic product or substance(fertilizers, stain removers, pesticides, nitric acid, stain removers, thinners, herbicides); 
• Any harmful product or substance (cleaning products, thinners, wood preservatives, paint removers)
• All types of waste(toxic, radioactive, hazardous, animal matter, etc.) as well as environmentally hazardous substances and preparations (CFCs, PCBs, pesticides, heavy metals, etc.).
• All radioactive materials and biological agents, all products containing asbestos(or treated asbestos);
• Any item from the following list: matches, lighters, fireworks, firearms and their ammunition, explosives, aerosol cans, explosives(butane, propane, acetylene, etc.);
• Any product that may cause the spread of disease, or that is sensitising, carcinogenic or mutagenic;
• All art and collectors’ items of any kind, furs, jewellery, watches, precious and semi-precious stones, valuable paintings as well as all precious metal objects worth more than €10,000
• Any cash, securities, stocks or shares ; 
• Any motorized land vehicle, marine vehicle and any wreck of a land or marine vehicle; 
• Any animal, dead or alive; 
• Any item that has been illegally traded, smuggled, stolen or fenced, as well as any illegal substance(drugs, counterfeits, etc.); 

The above list is not exhaustive and the Company reserves the right to add to this list and/or to penalise the Client for non-compliance with the applicable legislative or regulatory provisions on the storage of products or any health, safety or environmental obligation. 

Article 4 – Safety rules 

The Customer acknowledges that he/she is aware of the following rules and undertakes to comply with them and to assume all responsibilities in this respect: 

• Ensure that the Box is locked at all times. The Company shall not be held liable if the Box is not locked by the Client.
• The Customer is solely responsible for any access by third parties to his storage space and must take all precautions to this effect when communicating access codes to third parties; 
• Do not make any connections for electrical and/or digital devices in the Box or in the Storage Centre, nor make any connection to the electrical network of the Storage Centre;
• Do not drill, paint, carry out any work or modification of any kind in and/or on the box and its walls; 
• Do not obstruct or prevent access in any way to the conditions and facilities at the Storage Centre, including safety facilities(fire extinguishers, smoke detectors, fire doors, emergency exits, etc.); 
• Ensure that no objects protrude from the cubicle walls or exceed the maximum height; 
• Ensure that the total sum of the items stored in the box does not exceed the maximum load of 500 kg/m2 ;
• Only store objects in accordance with the applicable rules laid down by the Company; 
• Ensure that there is at least 60cm of space between the goods and the lighting or fire system;
• Take all necessary steps to ensure that goods are not stored in an unsafe manner or in a manner that poses a risk to others or to the Company’s property and in accordance with the applicable regulations on the safety of property and persons. 

In addition, the Customer acknowledges having read the Internal Regulations of the Storage Centre attached to the General Terms and Conditions of Sale. The Customer also acknowledges having been informed that the Storage Centre has its own security system(cameras).

Any failure to comply with one or more of the provisions hereof shall result in the immediate termination of the current Rental Contract, without prior notice and without prejudice to any action or compensation that the Company may bring against the Client. The Company also reserves the right to call upon the competent authorities to carry out checks on the Box in the event that the Company has any doubts about its contents and/or any use that does not comply with the provisions hereof and/or for any reason involving a danger or threat to others and/or to the Storage Centre. 

Article 5 – Damage 

In addition to the damage resulting from the storage of prohibited goods mentioned in Article 3 hereof and in addition to the damage resulting from the contravention by the Customer – or any third party under his responsibility having access to the premises and the boxes – of one or more of the safety rules mentioned in Article 4, the Customer is informed that he is also liable for any damage resulting from : 

• Water damage due to repairs or alterations to the boxes or stored goods; 
• Water damage to goods and property in the boxes; 
• Leakage, displacement of pipes, ducts and other components of the stalls and premises due to the Customer’s actions; 
• Faulty repair or maintenance, corrosion and/or the action of termites or other insects, caused by fungus or mould related to goods stored by the Customer in the Boxes; 
• Customer action on fences, boundary walls, paving, roads and other networks. 

Furthermore, the LOCKALL Company cannot be held responsible for any operating loss, market loss or loss of opportunity resulting from damage caused directly or indirectly by the Client. 

Article 6 – Cleanliness, waste management and environmental obligations 

The Customer undertakes to comply with the environmental regulations in force inside and outside the Storage Centre and to maintain the Box in a perfect state of hygiene and cleanliness. 

The Customer is responsible for the disposal of any waste and dirt in his Box. The Customer is not allowed to dispose of waste or goods inside and/or outside the Boxes. The Client is reminded that, in accordance with the provisions of the Environmental Code, responsibility begins as soon as the waste is produced. It extends to the final stage of elimination of the waste, treatment or dumping. The liability of the said producer does not cease when he hands over his waste to a third party, in particular the Company, even if the latter collects the waste. The Client remains jointly and severally liable to those third parties who ensure the elimination of the waste(Art. L.541-2 and L.541-23 of the Environmental Code). The Company does not assume any liability for the waste produced by the Client. 

In particular, the Customer is prohibited from disposing of any waste in or outside the Storage Centre, and the Customer must make its own arrangements for its disposal. 

Article 7 – Handling equipment 

Handling equipment is made available to the Customer free of charge in the Storage Centre. The Customer assumes full responsibility for the equipment when it is used. Any damaged or destroyed equipment may be invoiced to the Customer as replacement or repair costs. 

The Customer undertakes not to remove the equipment from the Storage Centre or to store any equipment inside its box. The Client undertakes to return the equipment to its place after use. Any contravention of these terms and conditions may give rise to the application of compensation by the Company to the Client. 

Article 8 – Use of the premises 

1. Entry and exit of the premises 

Access to the premises by the Company’s Clients is possible from 7am to 9pm every day. 

As stated in the applicable General Terms and Conditions of Sale, the Company does not employ a caretaker and the duty of care for the goods stored in the lockers is therefore incumbent on the Client. A Company shop is available outside the premises from 7am to 8pm Monday to Friday and on Saturdays from 8am to 7pm.  

The Company also provides its clients with a team on the premises, from 7am to 8pm from Monday to Friday and from 8am to 7pm on Saturday. This team will be able to provide assistance to the Client, advise them, answer their questions and provide any assistance to ensure the proper use of the premises and the equipment made available to the Clients.

• Procedure in case of fire 

Each room is equipped with the appropriate fire fighting equipment and in accordance with the regulations in force. The Client undertakes to take note of and respect the safety and fire protection instructions. 

He also undertakes to take note of the emergency exits when he first enters the Box. The Customer shall refrain, as well as any third party under his responsibility, from obstructing or hindering the emergency exits, which must remain accessible in all circumstances. 

The Client undertakes to use the emergency exits only for the purpose intended. Any misuse of the emergency exits by the Client may result in the Company charging the Client for the costs incurred by such misuse. 

• Rules of conduct inside the premises 

Parking is available on level -1 of the premises. No space is allocated to Clients. The fact of having entered into a Box hire agreement with the Company does not entitle the Client to a Parking space. Parking spaces are to be used only temporarily by the Client, for the time necessary for the Client to load, unload and access the Box only. The Client may not use the parking spaces on a permanent basis. The Company reserves the right to evacuate, by the competent authorities, any vehicle that exceeds a reasonable parking time or is parked in a disruptive manner. 

The Customer must respect the speed limits indicated and the regulations in force.  

The equipment provided to customers on the premises – trolleys – must be used with all necessary precautions and put back as soon as they are no longer in use. No motorised vehicles are allowed inside the premises. 

Lifts are available to Customers within the premises. They must be used with reasonable care and with due regard to the weight indicated. 

The Customer may be held responsible for any damage to the lifts and equipment provided by him and be charged for repair and maintenance costs accordingly. 

Smoking is strictly prohibited inside the Company’s premises. Any equipment made available by the Company to the Client may be used by the latter under his sole responsibility and at his own risk. The Client undertakes not to allow the use of the equipment by children or any third party who is not authorised or not capable of doing so. 

The Client shall enquire of the Company as to the floor loading limit in the premises and shall comply with any instructions given by the Company to that effect. 

Article 9 – Penalties 

In the event that the Customer fails to comply with one or more of the applicable provisions set out below, Lockall Company reserves the right to apply one or more of the indemnities detailed as follows: