GTC for an Atout-Box storage space

SCOPE OF APPLICATION

These general terms and conditions of sale apply to all orders placed on the website https://www.atout-box.fr on behalf of SAS ATOUT-BOX CASTELNAU, registered with the Montpellier Trade and Companies Register, with SIREN number 521777623 and domiciled at 55 avenue Clément Ader 34170 Castelnau Le Lez.

Atout-Box.fr reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of modification, the general terms and conditions in force on the day of the order will apply to each order.

1. PURPOSE

1.1 Under this contract (hereinafter the "Contract"), ATOUT BOX, trading name of SAS ATOUT BOX CASTELNAU, registered with the Montpellier Trade and Companies Register under number 521 777 623, represented by Jean-Baptiste Bertrand, provides the Customer, who accepts it, with a storage space (hereinafter the "Box") located in the building (hereinafter the "Building") intended to receive all goods and/or products of which the Customer has valid ownership (hereinafter the "Goods"), subject to the provisions of this contract and the internal regulations. The provision is made in return for a monthly fee, in accordance with Article 3 of the Contract.

1.2 The Contract is a service provision contract concluded on a precarious basis, specifically excluded from the scope of articles L.145-1 et seq. of the French Commercial Code on commercial leases and law 89-462 of July 6, 1989, relating to residential leases.

1.3 This contract cannot under any circumstances be analyzed or assimilated to a deposit contract: it does not create any obligation of
custody, surveillance, maintenance, conservation or restitution of the Goods stored in the Box for ATOUT BOX, these being and remaining always under the sole responsibility of the Customer.

1.4 The Contract, concluded intuitu personae, may not be assigned, and the Customer may not under any circumstances make the Box totally or partially available to a third party. Any modification of the Contract must be established by a written amendment, signed by ATOUT BOX and the Customer.

1.5 The provisions of this Contract are in force and apply to any contract signed from November 1, 2011.

2. SUBSCRIPTION FORMALITIES

2.1 Upon signing the Contract, the Customer must provide proof of identity, bank details (RIB), as well as the company's K-bis extract if the customer is a legal entity. Otherwise, 3 months of security deposit are required.

2.2 The customer undertakes to declare during the term of the contract, if it is a legal entity, any legal change relating to its purpose, as well as to the persons having the general power to bind it. If it is a natural person, any change relating to their marital status, personal address and all other contact details: telephone number, e-mail address.

3. DURATION

3.1 This contract is entered into and accepted for an initial period of at least one month. At the end of this period, the contract will be renewed by tacit agreement for a further period of the same duration. After a period of thirty days, the Contract may be terminated at any time by either party. Unless terminated by either party, the contract will continue until the next monthly due date. Termination by the Customer will be notified by e-mail, by registered letter with acknowledgement of receipt (to the following address: 55 avenue Clément Ader - 34170 Castelnau-le-lez) or by hand-delivered letter with acknowledgement of receipt, subject to fifteen days' notice upon receipt of the letter. Cancellation by ATOUT BOX shall be notified by registered letter with acknowledgement of receipt, sent to the Customer at least twenty days in advance.

4. FEES - LATE PAYMENT PENALTIES

4.1 The provision is granted in consideration of the payment by the Customer of the fee mentioned in the special conditions as well as the payment of a security deposit corresponding to one month's fee including VAT. Each monthly fee will be paid no later than the first day of each period. With the exception of the first fee, which will be paid upon signing the contract, each fee is due and will be paid no later than the day of its due date.

4.2 ATOUT BOX may offer the Customer a revision of the fee subject to 30 days' notice. Unless the Customer notifies termination in accordance with article 3, the revision will take effect from the first period following this 30-day notice period.

4.3 The Customer acknowledges and accepts that any period started is due in full, even if they wish to vacate their box on the 1st day of the next payment period.

4.4 In the event of non-payment of the fee for each period in full before the due date, the Customer will automatically be liable to ATOUT BOX for late payment penalties corresponding to administrative costs, amounting to a fixed amount of 12 euros including VAT per reminder letter, without prejudice to any other recourse by ATOUT BOX and the application of article 12 below. In the event of late payment of the monthly fee, ATOUT BOX also reserves the right to refuse the customer access to the BOX until full payment of the outstanding balance. The customer accepts that the stored Goods may constitute a guarantee of payment of the sums due to ATOUT BOX.

4.5 For any payment by check or direct debit returned unpaid, a processing fee of €29.90 including VAT will be charged to the Customer and late payment penalties at a monthly rate of 5% will be applied as if the payment had never been made.

4.6 If the Customer has complied with all the contractual terms, ATOUT BOX undertakes to reimburse the Customer for any remaining amount, excluding insurance, after having invoiced the days of use of the box at the rate in force on the day of departure (or the end of the notice period if this date is later), which may be different from the amount appearing in the special conditions, without taking into account any discount previously granted. The reimbursement will be made within 30 days following the termination of the contract by bank transfer. Under no circumstances may the reimbursement be made in cash or by check.

4.7 In the event of a payment incident, ATOUT BOX will be entitled to charge the Customer all costs relating to the recovery of unpaid debts (20% of the sums due). The Customer undertakes to indemnify ATOUT BOX for costs and charges resulting from non-compliance with its commitments.

4.8 If the customer does not return their box in the condition in which it was given to them when it was made available, the cost incurred for restoring it to its original condition will be invoiced to them, without prejudice.

4.9 For any reservation of a Box, a deposit of €30 will be paid by the customer. Any sum paid for a reservation of a box is considered as a deposit. This sum will be deducted from the sums owed by the customer during the first invoicing. In the event of cancellation, the deposit will be acquired by ATOUT BOX, which will provide an invoice.

4.10 In the event of a change in the VAT rate, this will apply immediately to the pre-tax prices charged by the company ATOUT BOX.

5. DEPOSIT

5.1 Upon signing the contract, the customer agrees to pay a deposit of €30. This deposit will be deducted from the amounts due on the first invoice(s).

6. ONLINE RESERVATION OF A STORAGE UNIT

6.1 The purpose of providing the Unit is solely for the storage of non-hazardous goods, in accordance with the terms of this Contract and the provisions of the Internal Regulations. The Customer will use the Unit responsibly. As such, they agree to refrain from any noisy, dangerous, illicit, illegal, unhealthy and/or harmful activity in the Unit and more generally in the Building that could affect the building and/or people.

6.2 The Customer is expressly prohibited from living or residing in the Unit, from establishing their residence or fixed or temporary address there. The Customer may not claim any right to remain on the premises or any right to housing or ownership, in particular commercial ownership.

6.3 The Customer is expressly prohibited from carrying out any industrial, commercial, artisanal, professional or other professional activity in the Unit. They are prohibited from operating any business or attaching the Unit to the operation of such a business, and from using the Unit to carry out any commercial, artisanal, professional or other activity and from allowing any person outside of their service to enter. They are also prohibited from establishing their registered office there and from mentioning the Unit or the building, whether in the Trade and Companies Register, in the Trades Directory or on their business correspondence.

6.4 The Customer is prohibited from storing dangerous, illicit, flammable, contaminating, toxic, explosive, perishable goods, live or dead animals and plants, species, banknotes, coins of any kind, ingots and precious metals, pearls and precious stones, securities or valuables, jewelry, silverware and precious metalwork and any other item with a unit value exceeding 2000 euros or, if they constitute a set, with a total value exceeding 4000 euros in the Unit, unless ATOUT BOX has given prior written consent. The customer is prohibited from storing goods falling under categories E (Cotton, hemp, jute, flax and other raw vegetable fibers) and category F (acetone, nitric acid, benzene, explosives, ethers, fuel oil, phosphorus, etc.) of the classification of goods for general stores according to the decree of June 19, 1986. More generally, they are prohibited from introducing any goods likely to damage or affect in any way the Unit, the building, as well as other goods stored in the Building.

6.5 The Customer agrees to store the Goods in accordance with the applicable safety regulations as well as any instructions issued by ATOUT BOX concerning safety, fire, or more generally access to the Building. The Customer will ensure that a space of 10 cm is left between the floor and the Goods that may be damaged by water. The Customer will take the necessary measures at their own expense to protect their goods from dust and condensation.

6.6 The Customer will ensure that the Unit is kept in a perfectly clean condition.

6.7 The Customer agrees to keep the Unit padlocked by them at all times, except for the time necessary to enter or remove the Goods. For this, the Customer must obtain a padlock. The Customer may only put one padlock on their door. ATOUT-BOX reserves the right to remove any additional padlocks. ATOUT-BOX declines all responsibility in the event of theft or intrusion if the customer has not padlocked their Unit.

6.8 The Customer agrees not to leave all or part of their Goods or equipment outside the Unit and to remove their waste from the site. In the event of waste being deposited by the Customer or by persons introduced by them on the site, outside the unit, in the corridors, airlocks or other common areas outside or inside the building, ATOUT BOX will invoice the cost of the intervention for the removal of the waste at the price of forty (40) Euros including VAT per hour with a minimum invoice of twenty (20) Euros including VAT.

6.9 The Customer will have access to the Unit during the opening hours displayed at the entrance to the building, these hours may be modified by ATOUT BOX. The site is generally closed on public holidays and Sundays. The Customer will have the possibility of accessing their Unit 24 hours a day, 7 days a week, on the condition that they have subscribed to the 24/7 service at the current rate.

6.10 The Customer will be personally responsible for receiving any delivery intended for them and will ensure that it does not infringe the rights of ATOUT BOX and other customers. In the event that the Customer expressly asks ATOUT BOX to receive the delivery of the goods, the acceptance of the goods as to their condition or packaging, handling and temporary storage will remain under the exclusive responsibility of the Customer, who may not under any circumstances seek the responsibility of ATOUT BOX or its insurer in this regard. Any receipt of Goods by ATOUT BOX at the Customer's request is under the exclusive responsibility of the Customer.

6.11 The company Atout Box can receive and store the Customer's goods for forty-eight hours. Beyond forty-eight hours, a fee of five euros excluding VAT, per pallet and per day will be invoiced.

6.12 ATOUT BOX may make handling equipment, elevators, trolleys and more generally any equipment allowing the transport of Goods available to the Customer free of charge. By taking possession, the customer acknowledges that the equipment has no defects or flaws. The said equipment may only be used by the Customer to allow the movement of their goods within the ATOUT BOX property. The Customer is solely responsible for the use of the equipment made available to them and ATOUT BOX cannot under any circumstances be held liable in this respect, in particular on the basis of article 1891 of the civil code or on that of article 1384 paragraphs 1 of the civil code. ATOUT BOX transfers to the Customer the custody and control of the equipment for the entire duration of its use by the Customer. A fortiori, the Customer will be responsible for their own handling equipment. The Customer is responsible for repairing any damage caused by their equipment or during the use of ATOUT BOX equipment to the Building, the units, the goods and people. In the event of handling equipment being locked in the customer's unit, the use of the equipment will be invoiced by ATOUT BOX and the Customer will pay without delay the price of 25 euros including VAT per day started for a trolley and 35 euros including VAT per day started for a pallet truck.

6.13 ATOUT BOX reserves the right, after having informed the Customer, to enter the Unit in order to carry out maintenance or repair work or any necessary modifications or in order to verify that the use of the Unit complies with the terms of this Contract. ATOUT BOX may enter the Unit without notifying the Customer, forcing the lock, in the event of force majeure or in order to respond to a request from the police, firefighters, the gendarmerie, any authority in execution of a court decision or in order to verify, in the event of legitimate doubts, that the Goods are neither dangerous nor illicit, nor likely to cause damage to the Unit, neighboring units, the Building or people.

6.14 ATOUT BOX does not carry out any control or verification of the goods stored or their compliance with these contractual conditions.

6.15 The customer expressly accepts the safety and security measures established by the Contract as well as by the Internal Regulations. The Customer must do nothing that could disturb the peace or cause any disturbance of enjoyment or nuisance to Customers or Goods in the building.

7. ACCESS CONDITIONS

7.1 Any person in possession of the key, padlock code or password appearing in the specific conditions of the unit will be considered as being authorized by the Customer to access the unit.

7.2 The Customer and their representative(s) will be the only ones to have access to the Unit during the hours displayed at the entrance to the Building. ATOUT BOX reserves the right to modify its opening hours occasionally.

7.3 ATOUT BOX reserves the right to refuse the Customer and their representative(s) access to the Unit if their account has a debit balance.

7.4 ATOUT BOX reserves the right to prohibit any person from entering the Unit or the Building if it considers that the person endangers the safety of the Building
or if this person is in possession of dangerous products.

7.5 ATOUT BOX declines all responsibility in the event of temporary technical malfunctions preventing entry and exit from the Unit or the Building. In the event of technical malfunctions exceeding 12 hours, preventing access to the unit during this period, Atout-Box will compensate the customer with a fixed sum of 50 euros including VAT.

7.6 ATOUT BOX will in no case be responsible for indirect losses related to the provision of the unit, even if ATOUT BOX is aware of the circumstances that could give rise to such a loss.

8. POSSIBILITY OF SUBSTITUTION

8.1 ATOUT BOX reserves the right, on an exceptional basis, to substitute a new storage space of at least equal surface area to the contractual surface area during the term of the Contract, under the specific conditions, after notification to the Customer sent at least eight days in advance. If ATOUT BOX has identified an imminent danger affecting the Goods or a danger likely to be caused by stored Goods, the latter will be moved without prior notice.

8.2 The relocation of the Goods will be carried out by ATOUT BOX at its expense and under its responsibility.

9. LEGAL FRAMEWORK

9.1 By express agreement between the parties, the Contract is a service contract concluded on a temporary basis. Since ATOUT BOX is not a depositary, it is under no obligation to guard, monitor, or maintain the Goods. The Customer acknowledges that the Goods are stored under their sole responsibility, at their own risk and expense, that they remain their sole custodian within the meaning of Article 1384 of the French Civil Code, and that in no case does this Contract constitute a transfer of custody of the Goods or the risks associated with them.

9.2 The Customer acknowledges and agrees that the Contract does not grant them any commercial property or any right to remain on the premises.

10. INSURANCE - WAIVER OF RECOURSE

10.1 The Customer agrees that the Goods are stored under their sole responsibility and at their expense. Throughout the duration of the contract, the customer agrees to take out and maintain insurance. The insurance offered by ATOUT BOX will cover the Customer's goods, for the replacement value of the goods up to the amount indicated in the Additional Service section on the first page of the Storage Space Agreement, guaranteeing them against all risks of fire, explosion, water damage, theft, and against all risks inherent in the occupation of the storage units.

10.2 The Customer and their insurer, whether it is the insurer offered by ATOUT BOX or another insurer, expressly waive any recourse they would be entitled to bring against ATOUT BOX and its insurer, the owner of the Building and its insurer, and its other occupants and their insurers, in the event of a loss.

10.3 If the customer chooses an insurer other than the one offered by ATOUT-BOX, they must provide a certificate of insurance with a waiver of recourse before the start date of the contract. If the Customer is unable to provide a certificate before the start date of the contract, they must subscribe to the insurance offered by ATOUT-BOX.

10.4 If the Customer wishes to reduce or change their level of cover, they must inform us before the start of their next Payment Period.

11. JURISDICTION

11.1 Any dispute with a non-professional Customer for which this contract is the subject, cause, or occasion will take place before the Tribunal d'Instance or Tribunal de Commerce chosen by the Customer.

11.2 Any dispute with a professional Customer for which this contract is the subject, cause, or occasion will take place before the Tribunal d'Instance or Tribunal de Commerce in whose jurisdiction the Building is located.

12. RESPONSIBILITY

12.1 The Customer acknowledges that the Goods are stored under their sole responsibility, that they remain their sole custodian within the meaning of Article 1384 of the French Civil Code, and that they will be held entirely and exclusively responsible for: Damage caused to the Goods, or their destruction, which may be caused in particular by theft, burglary, damage, destruction, etc. that may occur in the unit, and more generally throughout the Building. Damage caused by the Goods as a result of the use and occupation of the Unit, to any person or to any ATOUT BOX property or to a third party, including other persons storing goods produced in the Building.

12.2 The Customer undertakes to guarantee and indemnify ATOUT BOX against all direct or indirect consequences resulting from any action brought by a third party against ATOUT BOX in respect of direct or indirect damage caused by the Customer or the Goods stored by the Customer, except in the event of negligence on the part of Atout-Box.

12.3 ATOUT BOX, assuming no obligation of surveillance or security, cannot be held liable in any way for theft, burglary, destruction or other events that may occur in the Unit, except in the event of negligence on the part of ATOUT BOX.

13. TERMINATION

13.1 In the event of non-compliance by the Customer with any of the obligations incumbent upon them under this Contract, the Contract shall be automatically terminated, if ATOUT BOX so wishes, ten days after the first presentation of a formal notice by registered letter.

13.2 At the latest on the effective date of termination, whether it occurs under article 3.1 or article 13.1, the Customer must have completely emptied and cleaned the Unit and have fully paid the amounts due as fees and compensation, in accordance with the terms of the contract.

13.3 If, despite the obligation to do so, the Customer has not completely emptied the Unit by the effective date of termination of the Contract, the Customer authorizes ATOUT BOX in advance to enter the Unit, by any means, and to remove all of the Goods. The goods will be removed and stored at the Customer's expense where they are stored, either destroyed or sold for the benefit of ATOUT BOX without the need to fulfill any legal formality, in order to recover the sums owed to it, including by proceeding with their destruction. In addition, the customer will remain liable for all sums due at the date of termination of the Contract as well as late payment penalties applied in accordance with article 12.5.

13.4 Except in the event that ATOUT BOX has not been fully paid all sums that may be owed to it and where it would make use of the right of retention provided for in clause 13.3 above, within this period of ten days, the Customer must remove all their Goods and return the Unit and any other equipment made available to them by ATOUT BOX in the condition they were in at the time of signing the Contract.

13.5 If the Customer does not remove all of the Goods from the Unit before termination, the Customer will be liable, until the complete removal, sale or destruction of the stored Goods, for a monthly indemnity equal to 120% of the last monthly fee.

14. CHOICE OF ADDRESS FOR SERVICE

14.1 For the execution of the Contract and its consequences, ATOUT BOX elects domicile at its establishment as indicated at the head of these terms.

14.2 In the event of a change, each party shall inform the other party by registered letter with acknowledgment of receipt within 15 days of the change. Failing this, any change of address of the Customer shall not be binding on ATOUT BOX.

15. VIDEO IMAGE RECORDING

15.1 The Customer is informed of the existence of a video surveillance system. ATOUT BOX captures and records video images in the Building. ATOUT BOX undertakes to use these images solely for the security of the site and the property of all its customers.

16. DATA PROTECTION

ATOUT BOX complies at all times with the applicable data protection legislation, acting as data controller.

16.1 With regard to personal data processed in accordance with these general terms and conditions, ATOUT BOX undertakes to:

• implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss or destruction of, or damage to, personal data;
• take reasonable steps to ensure the reliability of any member of its staff who has access to personal data and to ensure that anyone who has access to it will respect and maintain all required confidentiality;
• not to do or allow personal data to be transferred or otherwise processed outside the European Economic Area without the standard data protection clauses within the meaning of Article 46(2)(c) and (d) of the GDPR, by means of the Standard Contractual Clauses for data partners established in third countries in accordance with the Commission Decision;
• respond to requests to exercise the rights of data subjects;
• maintain complete and accurate records and information to demonstrate its compliance.

16.2 The purpose of the data processing is the ATOUT BOX services described in the Conditions. These include in particular:

• sending & receiving mail
• invoicing
• customer file management
• online customer area
• online store management
• rental of storage units, offices and parking spaces
• connecting you with professional moving companies
• collecting your satisfaction

16.3 Personal data includes the following types/categories of data:

• Information from commercial communication materials: Exchanges with the customer (emails, SMS, calls, etc.)
• Information relating to movement and/or access control: Security codes and authorization levels, Dates and times of entry and exit, Access history, Time slots usually authorized, Access zones usually authorized
• Documents with legal value: Insurance certificate, Registration certificate, Contracts, Inventory, KBis extract, Invoices, Proof of address, Notice letter, Rent receipts
• Electronic data: Audio recordings, ID, Password, LeBonCoin Username
• Financial information: Assets, Purchase order, Security deposit, Card Verification Code (CVC), Bank details (RIB, BIC, IBAN), Card expiration date, Direct debits, SEPA direct debit mandate, Means of payment, Credit card number (encrypted), Check number, Debt collection, Payments, Bank rejections, Refunds, Payment status (accepted/rejected)
• Identity information: Personal address, Comments about the person, Copy of passport / identity card, Personal email, Gender, Birth name, Usual or married name, Observations and wishes expressed, First name, Signature, Type of person, Private landline telephone, Private mobile telephone
• Professional information: Company address, Socio-professional category, Professional email, Company name, Professional telephone number
• Service information: Agency chosen for order pickup, Storage location (geographical location), Storage start date, Purchase date, Details of the purchase, Details of the service subscribed to by the customer, Storage duration, Invoice details, Customer payment methods, Amounts spent, Unit number, Rental period, Reason for storage, Order status, Storage area

If information identified as mandatory is not provided, ATOUT BOX may not be able to carry out the aforementioned processing or manage claims related to it.

The categories of people concerned include customers and all people whose data is provided by the customer.

The Customer may ask ATOUT BOX to consult their information. They have the right to correct erroneous information. They can contact the Data Protection Officer of ATOUT BOX by email at the following address: dpo@atout-box.fr.

For more information, the Customer can consult the Privacy Policy by clicking on the following link: privacy policy

17. MEDIATION

17.1 In accordance with article L 612.-1 of the consumer code, within a period of one year from the date of their written complaint, the consumer, subject to article L.152-2 of the consumer code, has the option of submitting a request for amicable resolution by mediation to SAS MEDIATION SOLUTION 222, chemin de la bergerie 01800 St Jean de Niost. Website: https://www.sasmediationsolution-conso.fr . Email: contact@sasmediationsolution-conso.fr

WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from your order

You can return your form to the following address: ATOUT-BOX 55, avenue Clément Ader 34170 Castelnau le Lez

To the attention of ATOUT-BOX ( 67 , Rue Joe Dassin 34080 Montpellier ) Or ATOUT-BOX CASTELNAU (55, avenue Clément Ader 34170 Castelnau le Lez - 04 48 20 02 60 - contact@atout-box.fr)

I hereby notify you of my withdrawal from the contract for the provision of a storage unit below:

Reserved on ………………………………………………………………………………………………………………………………….

Customer name: …………………………………………………………………………………………………………………………….

Customer address: …………………………………………………………………………………………………………………………

Date and place: .................................................................................................................................................................

Customer signature: (only in case of notification of this form on paper)