OBJECT OF THE GENERAL TERMS AND CONDITIONS
These general conditions of sale govern all the products and services offered by The Davies Partnership Ltd as part of its processing and distribution activities, subject to the conditions of sale specific to certain products or services and any special agreements applicable between The Davies Partnership Ltd and the customer. The fact that the customer entrusts a shipment to The Davies Partnership Ltd implies unreserved acceptance of these general conditions of sale. The general conditions of sale applicable are those in force on the day the shipments are taken over by The Davies Partnership Ltd.
Information and prices
The Davies Partnership Ltd provides the customer with a service and price suitable for his shipment and provides him, at his request, with any useful details.
The general and specific conditions of sale and the prices of products and services can be sent by any means to customers who request them. Unless otherwise stated, the prices indicated are inclusive of all taxes.
Respect for private life
The Davies Partnership Ltd undertakes to comply with the regulations in force as regards the secrecy of correspondence. National and international shipments are subject to controls, including customs controls and security controls applicable to air cargo. In this context, the consignments can be opened and a verification of the identity of the depositor, with recording of the corresponding data, can be carried out, within the limits of what is necessary for the application of the regulations in force.
For shipments for which a customs declaration must be attached, the customer declares that he accepts that the nominative information concerning the sender and the recipient, as well as all the information pertaining to the item to be shipped, which has been communicated to The Davies Partnership Ltd to provide the requested service.
Protection of personal data
To perform its services, The Davies Partnership Ltd collects personal data from its customers. This data may be processed in accordance with the regulations relating to the protection of personal data. This concerns in particular the identity data of the recipient of the mail or package (title, surname and first name), his postal address, as well as, where applicable, his telephone number and email address. This data is provided to The Davies Partnership Ltd by the sender. They are necessary for the performance of the missions of general interest of The Davies Partnership Ltd or for the performance of the contract concluded between the customer and The Davies Partnership Ltd. With a view to improving the distribution of shipped items, The Davies Partnership Ltd may correct addresses only for its own internal use and in its legitimate interest. The Davies Partnership Ltd may also use, in its legitimate interest, the data collected for statistical purposes, the fight against fraud and commercial prospecting. In the latter case, it informs the client and, in the event of opposition from the latter, ceases to process his data for this purpose. Finally, for the performance of its international services and to meet the national and international regulatory obligations The Davies Partnership Ltd processes and transfers the personal data of senders and recipients to the countries of destination.
COMMITMENTS OF The Davies Partnership Ltd
Delivery times and means
Delivery times for postal items are indicative, unless The Davies Partnership Ltd has made a contractual deadline. The Davies Partnership Ltd distributes the items according to the means it deems appropriate.
The delivery period runs from the date of taking charge of the parcel until the first delivery attempt of the item at the destination address, except in the event of an act not attributable to The Davies Partnership Ltd (in particular days when traffic is prohibited, public holidays, in France or in France). international, customs detention, force majeure). Characteristics of the offer and distribution conditions. Coverage of postal items are taken care of by The Davies Partnership Ltd on the day they are delivered at The Davies Partnership distribution point, Teyjat 24300 France.
Procedures for processing postal items
The Davies Partnership Ltd processes the consignments entrusted to it insofar as they comply with these general conditions of sale. Otherwise, The Davies Partnership Ltd reserves the right to refuse or suspend processing.
When The Davies Partnership Ltd suspends the processing of a non-conforming item, it returns it to the sender or notifies the latter of its availability, indicating the place and time limits for making the item available. After this period or if the sender refuses to come and collect the item, The Davies Partnership Ltd may freely dispose of it. If it is impossible to notify the sender or to return the item to him, The Davies Partnership Ltd shall process the item under the conditions provided for in article 3.2.9 relating to undeliverable items. The costs thus generated are the responsibility of the sender.
When The Davies Partnership Ltd is not aware of this non-compliance at the time of providing a cost and invoice, the processing of non-compliant items does not exonerate the sender from his responsibility.
Procedures for handing over items against signature
Items to be delivered against signature are presented at the address indicated on the item and delivered to the addressee or his representative present at the address against signature or by any other delivery method agreed with The Davies Partnership Ltd.
The signature affixed near the name, as well as its reproduction, are proof of the delivery of the items. The parties recognise a legal value identical to the traditional signature on paper and the digitised signature. Refusal of signature is equivalent to a refusal of the shipment.
The recipient or his representative may be asked to prove his identity by producing an official identity document.
If the recipient or his representative is absent or unable to prove his identity, the distribution agent does not deliver the item and leaves a calling card.
The items are deposited at the place indicated on the transit advice note and are to be collected, except for a second presentation according to the terms specific to the product conditions.
The recipient of a consignment of goods delivered against signature should, at the time of delivery, indicate, by means of a checkbox, an observation as to the condition of the packaging (eg damaged). This does not exempt you from filing a complaint with The Davies Partnership Ltd., however this observation will certainly assist any possible complaint file which may, otherwise, be difficult to prove and therefore result in a potential failed claim. A successful claim will be a claim which has been accepted by the third party services employed by The Davies Partnership as part of their arrangement with the sender of the parcel. If a claim is rejected by the third party company then the claim with The Davies Partnership Ltd is deemed to have been unsuccessful.
Methods of distribution of international items
Their distribution is carried out in accordance with the rules applicable in the country of destination.
The Davies Partnership Ltd may contractually agree with the interested parties on specific methods of distributing postal items to another place provided for this purpose and accessible by the addressee or his representative.
If specific distribution methods are used, from an external service provider chosen by the recipient, the opening of a post office box is necessary.
Exceptional distribution conditions may be contractually provided for for the service of any type of building (apartment buildings, private houses, commercial premises, etc.) which justifies specific distribution conditions.
In the presence of exceptional circumstances, in particular when access to the recipient’s mailbox presents substantial difficulties or when the delivery entails a danger for the delivery agent, The Davies Partnership Ltd will, where applicable, be exempt from any commitment to delay. , and reserves the right to modify the distribution. In this case,
Undeliverable postal items
The Davies Partnership Ltd’s commitment to distribute the items entrusted to it does not cover:
• items for which the address is inaccurate, imprecise, incomplete.
• items for which the addressee or the letterbox cannot be found or cannot be accessed, except in the event of distribution arrangements due to exceptional circumstances.
• shipments of which the recipient refuses to take delivery.
• unclaimed items of which the sender is not identifiable.
If The Davies Partnership Ltd cannot reach the recipient for one of these reasons, undeliverable items will be returned to The Davies Partnership.
COMMITMENTS OF THE SENDER AND THE RECIPIENT
Choice of product or service
The sender ensures that the information provided to The Davies Partnership Ltd, particularly in terms of destination address, weight and insurance, is appropriate to the value and nature of the content of the shipment.
The sender mentions the exact, precise and complete address of the destination addressee in a clear and legible manner. It is responsible for the information it bears on the shipment.
An exploitable address means a readable address, in Latin characters and Arabic numerals, without punctuation marks, overloads or erasures. An address must be written on 6 lines maximum (7 for international) and not contain more than 38 characters or spaces per line. For national items, a complete address means an address in French comprising in this order:
• the name for items addressed to a legal person and / or the surnames and first names of the recipient (s);
• for apartment buildings, the number or name of the building and the staircase and, where applicable, the number of the apartment or letter box;
• the house number and the name of the street;
• where applicable, the locality;
• if applicable, details relating to the method of distribution, service or subscription chosen (PO box number, mention Special Race, Poste restante, etc.);
• the postal code of the locality of destination, written in characters of the same format without any separation point or special space after the first two digits and the name of the locality of destination;
• if applicable, the mention CEDEX;
• if applicable, the name of the country of destination.
For international shipments, the name of the country must be provided.
Conditions of admission of consignments
Conditioning and packaging
The conditions for processing shipments are largely automated by the service providers of The Davies Partnership Ltd.
The sender is required to properly wrap and condition his shipment in a single and indivisible container so that it can in particular:
• withstand the handling required by normal conditions of processing of the shipments. In particular, he must take all measures to protect the contents from shocks or pressures that may arise during the processing of items; no dedicated circuit is devoted to postal items marked “fragile”;
• in no case present a danger to the agents of The Davies Partnership Ltd, its possible subcontractors, the proper functioning of the postal circuit and the other items entrusted to The Davies Partnership Ltd;
• comply with the dimensions and weights of the items provided. The gross weight of a shipment is the weight of its contents to which must be added the weight of the package of the shipment.
The making of the shipment and its interior packaging is the sole responsibility of the sender who must adapt it to the content.
The packaging must be used without any addition on the part of the sender liable to injure The Davies Partnership Ltd agents, damage other objects or quite simply delay the industrial processing of the items (string, strap , etc.).
The responsibility of The Davies Partnership Ltd can in no way be engaged if the weight of the shipment is greater than the weight which has been provided by the sender.
The resistance and solidity of these packaging are optimal for a single delivery in the postal network. The Davies Partnership Ltd cannot be held liable in the event of non-compliance with these general conditions of sale. The Davies Partnership Ltd does not take charge of shipments that do not comply with these general conditions of sale, when it is aware of this non-compliance at the time of deposit.
The sender also undertakes not to entrust The Davies Partnership Ltd with items covered by insults, threats or statements contrary to public order or good morals or damaging the image of The Davies Partnership Ltd.
The sender is responsible for the correct completion of the documents affixed or attached to the postal items.
Compliance with national and international regulations
The sender undertakes to comply with national and international regulations, in particular those relating to export control.
The sender guarantees in particular that his shipment complies with the following regulations: (i) national and international regulations relating to dual-use goods, or restricting (goods subject to an export license) or prohibiting the export of certain goods ( ii) national and international anti-corruption regulations, (iii) any restriction measures or embargo imposed under United Nations sanction programs or any other regional or national program (iii), national and international anti-corruption regulations against terrorism and money laundering.
The sender is informed and accepts that the data concerning the sender and the recipient will be checked in order to verify that they do not appear on the national or international sanctions lists, in particular those of the Union. European and United Nations. The sender undertakes to inform the recipient thereof.
If items excluded by virtue of this article were delivered to The Davies Partnership Ltd and identified as such by it, The Davies Partnership Ltd reserves the right to (i) suspend or interrupt delivery, and (ii) transmit to the competent authorities all required information and apply the procedures required by it, including the destruction of items at the Customer’s expense, without The Davies Partnership Ltd’s liability being sought.
Content of the consignments
The sender must comply with the legislation in force relating to the content of the consignments.
All postal items
It is forbidden to insert the following objects in postal items.
• dangerous or dirty materials or objects:
– any goods covered by national, European and international regulations on dangerous products as defined in particular by ICAO regulations such as, but not limited to: explosives, ammunition, gases, solid and liquid flammable materials, oxidizing, toxic and / or infectious substances, corrosive or radioactive products, lithium cells and batteries 5 ;
– all objects which, by their nature, their packaging or their conditioning, may present a danger to personnel, third parties, the environment, the safety of transport vehicles, or damage other objects transported, machines, vehicles or property belonging to third parties;
• prohibited items, in particular:
– counterfeit items and / or contrary to the laws and regulations in force;
– firearms not dismantled in compliance with the legislation in force;
– goods that require temperature-controlled transport;
– publications or audiovisual media prohibited by any applicable law or regulation;
– dead or live animals, except as provided for by the regulations in force;
– any content whose transport by post is likely to infringe human dignity, integrity or respect for the human body, in particular ashes and funeral relics;
– banknotes, metal coins having legal tender and final discharge intended for circulation in France and precious metals.
In the event of insertion by the sender of prohibited content, no compensation may be paid to him and his liability may be incurred.
The sender is responsible for proving the information contained in the customs documents to be submitted to Customs.
The sender is required to pay the costs that The Davies Partnership Ltd could bear in the event of an insincere or inaccurate declaration and those incurred by the addressee in the absence of payment by the latter.
The sender undertakes to inform the recipient that, during the delivery of his postal item, The Davies Partnership Ltd or the postal office of the country of destination is likely to request the collection of customs clearance costs and customs duties and local taxes. .
It is the recipient’s responsibility to pay customs clearance costs and customs duties and local taxes.
When these duties have not been paid beforehand, it is the recipient’s responsibility to pay the customs clearance costs and the customs duties and local taxes of the country of destination. The postal item is only delivered to the addressee after payment by the latter of the costs, duties and taxes.
When an undeliverable postal item is returned to the sender, The Davies Partnership Ltd reserves the right to turn against the sender of the item, so that he can pays customs clearance fees, customs duties and local taxes remaining due. The sender alone bears all the consequences, in particular financial and criminal, resulting from declarations or documents not provided, provided late, erroneous, incomplete or inappropriate. Any false or inaccurate declaration may lead to an extension of the delivery times of the postal item.
Payment for the service
The customer pays, at the latest at the time of deposit of the shipment, the shipping rate in force quoted corresponding to the nature of his shipment. The paid postage remunerates the service of routing and distribution of a postal item to the distribution point, as well as, the onward shipping to the destination address and, where applicable, the return to the sender of any undeliverable postal item.
Insufficiently weight or parcel dimensions declared.
Any shipping quote that does not reflect a clear choice on the part of the customer may lead The Davies Partnership Ltd to deliver the item under the conditions it considers best with regard to the weight and dimensions of the parcel.
If the weight provided by the seller is insufficient, The Davies Partnership Ltd will send it according to the service corresponding to the correct weight and dimensions of the parcel.
Insufficient or unpaid items may give rise to additional charges.
The Davies Partnership Ltd cannot be held liable in the event of non-compliance with these general conditions of sale, in particular those relating to packaging and the content of the shipments.
In any event, The Davies Partnership Ltd does not incur any liability when the damage results from:
• acts, negligence or errors on the part of the customer or of third parties and non-compliance with the obligations resulting from these general conditions of sale;
• a case of force majeure, for example: flood, fire, requisition by a public authority, etc.
• a foreign cause not attributable to The Davies Partnership Ltd.
The Davies Partnership Ltd is not responsible for indirect or immaterial damage such as loss of profit, loss of contract, loss of opportunity, damage to image.
A postal item is considered lost when it has not been delivered to its addressee within a period of forty days from the date of its deposit.
Liability regime for international shipments
The Davies Partnership Ltd’s liability for international shipments, both for import and export, is governed by the provisions of the postal service in use (Colissimo) and of the Universal Postal Union.
By virtue of these provisions, The Davies Partnership Ltd is exempt from all liability in the event of loss, damage, theft or delay for ordinary items.
Limitation of liability actions
Liability actions are prescribed within:
• one year from the day after the shipment is taken over for shipments in mainland France, intra and inter DOM as well as for exchanges between mainland France and the DOM;
• six months from the day after the shipment is taken over for international shipments and to COM.
PROCESSING OF COMPLAINTS
Method of handling complaints
The complaints handling procedure is free. Anyone can, themselves or through a consumer association, file a complaint in several ways:
• directly on the contact page of The Davies Partnership Ltd website.
• in writing to the registered address of The Davies Partnership Ltd.
Admissibility of complaints
Complaints are accepted within one year from the day after the shipment is taken over for shipments in mainland France, intra and inter DOM as well as for trade between mainland France and the overseas departments, and within six months for international shipments and to COM. Any compensation supposes that the claimant provides proof, by any means at his disposal, of the date of the deposit as well as the amount of the postage (for example by means of the proof of deposit of the item in the postal service). Supporting documents attesting to the reality of the damage will be requested (notes, invoices, etc.).
The filing of a complaint gives rise to the issuance of an acknowledgment of receipt which is proof of the date of the complaint.
The Davies Partnership Ltd undertakes to provide a response to the complaint:
• within 21 calendar days for national shipments in mainland France;
• within 40 calendar days for shipments from and to the overseas departments and to certain European countries.
• within 90 calendar days for shipments to the rest of the world and COM.
After having informed the complainant, The Davies Partnership Ltd may, if necessary, carry out an in-depth investigation when it considers it necessary. The implementation of the complaints procedure does not suspend the limitation periods.
Referral to the The Davies Partnership Ltd group’s consumer mediator
Finally, the complainant has the possibility, if the response of The Davies Partnership Ltd is not satisfactory or if he has not received a response two months after the filing of his complaint, to refer to the Mediator, an independent entity, competent for any dispute concerning all the services covered by these general conditions of sale. The mediation process is free.
Please contact The Davies Partnership Ltd to obtain the contact details for their Mediator.
CANCELLATION – INVALIDITY
In the event that one of the clauses of these conditions is declared null or deemed unwritten, all the others will continue to apply.
The fact that one of the parties has not requested the application of a clause of these general conditions of sale, whether permanently or temporarily, can in no case be considered as a waiver of the rights of this part arising from the said clause.
These general conditions of sale are subject to French law, without prejudice to the application.
EVOLUTION OF THE GENERAL CONDITIONS OF SALE
In the event of changes in the legal and factual circumstances, new general conditions of sale will be drawn up. The modified general conditions of sale will then apply and will replace the present ones, from the date of entry into force mentioned at the beginning of the present general conditions of sale.