Terms and Conditions of Use of the Happy-post.com Website
1. Purpose
These Terms and Conditions of Use (hereinafter referred to as "TCU") define the terms and conditions of access to and use of the Happy-post.com website (hereinafter referred to as "Website").
The Terms and Conditions of Use apply to all Services offered and made available to Users on the Website and set forth the general rules for accessing the Happy-post Services accessible through the Website.
Certain Services accessible on the Website may be subject to specific conditions (such as the General Terms and Conditions of Service Provision or other specific agreements). In such cases, the specific conditions complement the provisions of these Terms and Conditions of Use. In the event of a conflict between the specific conditions and these Website Terms and Conditions of Use, the specific conditions
shall prevail.
2. Definitions
Within these Terms and Conditions of Use, terms starting with a capital letter have the following meanings:
- Service Provider: Refers to IMX France, a member of the bpost group, operating under the trade name “Landmark Global powering bpostgroup,” which offers Services on the Website.
- Client: Refers to any individual with full legal capacity placing an order for services offered by Happy-post on the Website.
- User: Refers to any person who connects, visits, or navigates the Website. The Client is considered a User under these TCU.
- Account: Refers to the Client's individual access to a dedicated space via an identifier and password, allowing them to access certain Services reserved for Clients and manage their personal information.
- Individual: Refers to the status of the Account for any adult natural person or sole proprietor registering on the Website.
- Professional: Refers to the status of the Account for any legal entity registering on the Website with a VAT number.
- Service(s): Refers to all the services offered to Users and accessible on the Website in their current and future versions, as well as any updates they may undergo.
- Website: Refers to the website made available by the Service Provider via the URL: Happy-post.com.
- Internet: Refers to various server networks located around the world, interconnected through communication networks, and communicating via a specific protocol known as TCP/IP.
3. Acceptance and Modification
3.1 Acceptance and Modification of the TCU
Acceptance of these TCU is a prerequisite for the User's use of the Website. By accessing and/or using the Website, the User declares their acceptance and undertakes to comply unreservedly with these TCU.
If the User does not wish to accept all or part of these TCU, they may not access or use the Website. In such cases, the User must immediately cease all access to or use of the Website.
The Service Provider reserves the right to unilaterally deny access to the Website, without prior notice, to any User who does not comply with these TCU.
The Service Provider may, at its sole discretion, modify these TCU. The User declares their acceptance and undertakes to comply unreservedly with such modifications. The Service Provider will make every effort to inform the User of any such changes.
3.2 Modification of the Services Offered on the Website
The Service Provider reserves the right, at any time, to modify, add, delete, or update the features and Services accessible on the Website, including but not limited to:
- Enhancing a Service or its features,
- Adding or removing access to a Service,
- Improving ease of use for the User or the Service Provider,
- Fixing errors or bugs,
- Preventing or stopping unsafe or inappropriate access to the Services,
- Preventing or stopping unauthorized use of one or more Services,
- Complying with a request from a governmental authority,
- Complying with a law, regulation, or judicial or regulatory decision.
3.3 Electronic Communications
The Service Provider communicates with the User electronically using various methods, including email, SMS, or notification messages on the Website. By accepting these TCU, the User acknowledges and agrees to the use of such communication methods.
3.4 Hyperlinks
The Website may contain hyperlinks to other websites over which the Service Provider has no control. The Service Provider disclaims all responsibility for their content. The User is solely responsible for the use of such linked websites.
4. Conditions of Access and Use of the Website
4.1 Website Accessibility
The Website is made available free of charge to any User who has the necessary equipment and Internet access. The User is solely responsible for the costs associated with their equipment and Internet connection.
The Service Provider makes the Website accessible 24/7, except in the following cases:
- Force majeure and/or exceptional circumstances,
- Any event beyond the Service Provider's control, such as disruptions or interruptions in access networks, failure of the User's computer or telephone equipment, or any event related to Internet access conditions,
- Interruption of access to the Website at the Service Provider's initiative for maintenance or any other necessary reasons.
4.2 Account Creation and Access
To create an Account, the User must have full legal capacity. Actions taken by minors are the responsibility of their legal representative(s).
During the first use of the service, the User is invited to create an Account by providing an email address as an identifier, a password, and selecting their Account status (Individual or Professional).
The Client must ensure the security and confidentiality of their password, which is required for each login. The password is personal and confidential.
The Client acknowledges sole responsibility (to the Service Provider and any third party) for any activity conducted through their Account, including the sharing of their identifier and password.
In case of loss of the password or identifier, the Registered Client clicks on the "Forgot password" link and follows the indicated procedure. The Client agrees to promptly notify the Service Provider of any unauthorized use, including fraud or identity theft, and any resulting security breaches.
The Client's Account is created for an indefinite period, subject to its closure by the Registered Client or Happy-post.
4.3 Specifics of the Professional Account
Legal entity Users can open a Professional Account, enabling them to view shipment amounts exclusive of tax and pay for services on a monthly basis. To do so, they must submit to the Service Provider a signed Professional Account application, a recent K-BIS extract (less than three months old), a bank account statement, a signed SEPA direct debit mandate, and a signed copy of the General Terms and Conditions of Service Provision.
The Service Provider reserves the right to authorize or deny direct debit arrangements based on the provided information. A monthly limit will be set beyond which the Professional Client may no longer pay via direct debit and must use a bank card instead.
The Service Provider may request the establishment of a security deposit equivalent to twice the authorized direct debit limit. The deposit covers unpaid amounts when payment is made by direct debit. If the Client closes their account or cancels the direct debit payment method, the deposit will be refunded within 30 days of all invoices being settled.
4.4 Loyalty Discounts
Professional Clients are eligible for a loyalty program providing a monthly discount based on the net purchase amounts (exclusive of VAT and after other discounts) made on the website.
Discount tiers and allocation rules are established by the 5th of each month as a basis for calculating the loyalty discount for the following month. These tiers remain unchangeable after this date and can be viewed at any time on the Website via the link: https://happy-post.com/fr/remise-fidelite/.
The loyalty discount is credited on the first day of the month to a loyalty wallet based on the purchases made in the previous month. The Client can view their loyalty wallet and transactions at any time via their Account.
The loyalty discount must be used within the credited month. On the first day of each month, the loyalty wallet will be reset to zero before the new loyalty discount is credited. Any unused portion of the previous month's loyalty discount will be permanently lost and cannot be reclaimed.
The loyalty discount can only be used to pay for service provisions and cannot cover additional fees or adjustments for non-compliant parcels.
If the loyalty wallet does not fully cover the payment amount, the Client may use another payment method to complete the transaction.
For canceled services partially or fully paid using the loyalty discount, the refunded portion will be credited back to the loyalty wallet only if the cancellation occurs within the month of the original payment. If cancellation is requested in the following month, the loyalty discount will not be recredited, and the Client cannot claim the unused portion.
4.5 Conditions of Use of the Website
The User agrees to access, browse, and use the Website only for legal, authorized, and acceptable purposes. Accordingly, the User must not:
- Use (or assist others in using) the Website and Services in a manner that violates, misappropriates, or infringes the rights of the Service Provider, its users, or any other person, including privacy, image, intellectual property rights, or any other proprietary rights;
- Reverse engineer, modify, decompile the Website or Services, create derivative works from them, or extract their code;
- Send, store, or transmit viruses or any other malicious or harmful computer code through or on the Website;
- Obtain or attempt to obtain unauthorized access to the Website or its systems;
- Interfere with or disrupt the security, confidentiality, integrity, availability, or delivery of the Services;
- Create Accounts on the Website through automated or unauthorized means;
- Collect User contact details or information in an unauthorized or unacceptable manner;
- Sell, resell, rent, or charge fees for the Services;
- Create software or APIs that essentially replicate the functionality of the Services and offer them to third parties without authorization;
- Use automated query systems, robots, tools, repetitive data-gathering and extraction programs, scripts, or other mechanisms with similar functions;
- Use “framing” techniques to enclose and reproduce any portion of the content or information of the Website without prior written consent from Happy-post.
4.6 Use of the Website by Minors
When the User is a minor, they declare that they have obtained permission to use the Services from their legal guardian(s), who accept responsibility for ensuring the minor’s compliance with these TCU. Any use of the Services by a minor is carried out under the full responsibility of their legal guardian(s).
The User is financially responsible for the use of the Website, both on their behalf and on behalf of third parties, including minors, unless fraudulent use is demonstrated and is not attributable to their fault or negligence.
5. Shipment Tracking and Proof of Delivery
The tracking information and proof of delivery are the exclusive property of the Service Provider, which the User expressly acknowledges and accepts. The use of automated query systems, robots, repetitive data-gathering and extraction tools, programs, scripts, or other mechanisms with similar functions is strictly prohibited.
These Services are intended for use in a non-industrial environment with a limited number of consultations. The User agrees not to perform more than one query per second from the same originating IP (Internet Protocol) address. Exceeding this limit may result in the suspension of the service. The IP addresses of Users accessing the tracking services will be recorded by the Service Provider's servers and may be provided to the public prosecutor or any judicial officer upon request.
The shipment tracking service is an informational tool reserved for Clients via their Account.
The tracking information obtained on the Website via the Account is not contractually binding and cannot serve as evidence of non-performance of the routing and delivery service. Only data collected from the Service Provider's information system after investigation and research conducted by its competent services following a properly filed claim under the General Terms and Conditions of Service Provision shall be deemed valid.
6. Intellectual Property
All elements (information, data, trademarks, logos, photos, graphical representations, etc.) available on the Website, as well as all rights, titles, and interests in the Website, are the exclusive property of the Service Provider and/or its licensors, whether or not protected under intellectual property law.
Subject to compliance with these TCU, the Service Provider and its licensors grant the User a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable license for personal access to and use of the Website. All rights not expressly granted under these TCU remain reserved to the Service Provider and its licensors.
No license or other rights are granted to the User by the mere provision of elements by the Service Provider, such as content, trademarks, and logos on the Website. Accordingly, the User agrees, without limitation, not to download, extract, store, use, reproduce, sell, communicate, represent, distribute, and/or adapt the Website in whole or in part or any of its content directly or indirectly, on any medium and by any means, without the express authorization of the Service Provider and/or its partners where applicable.
7. Liability
7.1 Liability of the Service Provider
Under no circumstances shall the Service Provider be held liable for any intangible and/or indirect damage, including loss of profit, customer loss, data loss, commercial harm, or reputational damage resulting from the use or inability to use the software or the Internet, even if the Service Provider was advised in advance of the possibility of such damages.
The Service Provider shall not be liable for any damage arising from interruptions, malfunctions, suspension, or cessation of the Website and/or Services for any reason or for any material or intangible damage resulting from access to the Website or use of the system.
The Service Provider shall not be liable for any degradation of information, programs, files, or databases resulting from the use of the Website. The Service Provider cannot be held responsible for disruptions or interruptions of Internet access networks, failures in User equipment, or any event related to Internet access conditions.
The Service Provider does not guarantee the accuracy, completeness, or timeliness of the information or elements accessible via the Website, nor does it guarantee that the Website is free of viruses or harmful elements.
The Website may provide access to information, elements, or services supplied by the Service Provider’s partners or third parties. In such cases, the Service Provider does not guarantee the accuracy, timeliness, completeness, or relevance of such information, elements, or services and cannot be held responsible if any of them violate intellectual property rights or other applicable regulations.
7.2 Liability of the User
The User is solely responsible for their use of the Website and expressly acknowledges that access, navigation, and use of the Website are at their own expense and risk. The User must comply with applicable laws and regulations.
The User assumes all risks related to loss of profit, data loss, errors, or loss of commercial information resulting from the use of the Website. The User bears all costs and risks associated with the use of the Website, including subscription fees to their data service provider, Internet fees, and other related taxes and charges.
8. Personal Data
The User is informed that the personal information and data requested are necessary for managing and processing their request. The collected data are intended for the Service Provider and may be transmitted to any third party involved in managing and processing the request.
The Service Provider undertakes to maintain the confidentiality of the data provided by the sender and/or recipient and to process them in accordance with the applicable regulations on personal data protection.
Processing is carried out by the Service Provider in compliance with its Privacy Policy.
As the Data Controller, IMX France takes all necessary precautions to ensure the security and confidentiality of the data it collects as part of its activity. These precautions include preventing data from being distorted, damaged, or accessed by unauthorized third parties.
In accordance with applicable regulations on personal data, the User may exercise their rights of access, rectification, objection, deletion, restriction of processing, and data portability at any time by submitting a request:
By mail:
Data Protection Service
IMX France
110 bis avenue du Général Leclerc
Plateau 18, Level 1b
93500 PANTIN
France
Please include your full name, address, email address, and, if possible, client reference to expedite processing.
By email:
data.protection@imxpostal.fr
IMX France will respond within two months of the request. If the response is unsatisfactory, the individual has the right to refer the matter to the CNIL (French Data Protection Authority).
For more information about your rights, visit the CNIL website: www.cnil.fr/fr/comprendre-vos-droits.
9. Cookies
The User is informed that the Website uses cookies. Cookies allow the Service Provider and its partners to improve the User’s experience, personalize content and advertisements, and perform statistical analyses.
A cookie is a small block of data sent to the browser by a web server and stored on the computer’s hard drive. These files stored on the computer are primarily used to facilitate access to services and information offered and improve personalized services.
10. Governing Law and Jurisdiction
These TCU are governed by French law, and the User, by accepting these terms, irrevocably submits to the exclusive jurisdiction of French courts.
The Courts within the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction over any disputes with a professional concerning the validity, interpretation, or enforcement of these TCU, even in cases of multiple defendants or third-party claims.
These Terms and Conditions of Use apply only to the extent permitted by law.