Terms of Sales

Posted on : 10/11/2022

Last update : 10/11/2022

 

1. Who is the publisher of this website?

This website is edited by:

White & Ward Limited

CRN: 14105051

Head office address: 3 Belvoir Court, Louth, LN11 0UD, UK

Email address: devs@stuart.com

(White & Ward on behalf of  ” Stuart “)

This website is powered by WordPress and hosted by Amazon Web Services.

2. Who is this website for?

Stuart operates an application consisting of an electronic linking platform allowing a natural or legal person in need of a courier service for the delivery of goods to be put in contact with an independent courier available to carry it out.

This website is intended exclusively for any natural or legal person who offers a commercial activity of professional delivery service, without it being imperative that this person be a “Courier” within the meaning of the general conditions of use of Stuart accessible at the following URL address: https://stuart.com/en/terms-and-conditions/

This website is therefore intended exclusively for professionals.

For the purposes hereof, Stuart and the Courier are referred to, alone or together, as “ Party(ies) ”.

3. What is this FAQ about?

Stuart has opened an online store on this website in order to offer Couriers who wish to do so the possibility of purchasing products related to their activity and which are marketed by Stuart (hereinafter the “Products” ) .

The Courier is under no obligation to purchase or use the Products sold by Stuart. The Courier disposes as he sees fit of the Products sold by Stuart. Thus, he is also not required to use the Products purchased from Stuart to provide his goods delivery services on the Stuart matchmaking platform and he may use the Products purchased from Stuart to provide services to any third party, including Stuart’s competitors.

This FAQ serves as general conditions of sale within the meaning of Article L.441-1 of the French Commercial Code and is intended to govern the terms and conditions of orders by Couriers for Products sold by Stuart on this site. Internet (hereinafter the “ Order ”).

Stuart reserves the right to modify this FAQ at any time. Any new version of it will be notified to the Courier prior to the finalization of the Order. The Courier who does not want the Order he is finalizing to be governed by the new FAQ, will refrain from placing an Order.

The applicable FAQ is the one published on this website at the time of the Order.

Stuart reserves the right to refuse to honor an Order from a Courier who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.

4. Who to contact in case of difficulty?

For any information, question, complaint of a technical nature or relating to the Products, or to any Order, the Courier is invited to send his request to the following e-mail address: partners@stuart.com

5. When is the website available?

Stuart makes its best efforts to make this website available 24 hours a day, 7 days a week, independently of website maintenance operations.

However, Stuart reserves the right to interrupt access to all or part of the website for maintenance and/or improvement work. These interruptions of the website will, to the extent of Stuart’s possibilities, be notified in advance to the Courier, in particular by the dissemination of an alert message on the website. In the event of an emergency, Stuart nevertheless reserves the right to partially or totally suspend, for a reasonable period, all or part of the website to carry out any technical operation required. These interruptions of the website cannot give rise to any compensation in favor of the Courier, including if these interruptions occur during the process of purchase of Products by the Courier.

As such, Stuart is bound by an obligation of means.

6. What Products are offered for sale by Stuart?

Stuart offers the Courier to proceed with the acquisition of Products sold on this website.

The Courier may, prior to his Order, find out, directly on this website and/or from Stuart, the characteristics of the Product(s) he wishes to order.

The Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, Stuart cannot be held liable.

The photographs of the Products are not contractual.

7. What is an account on the website for?

The creation of an Account is not mandatory and simply allows personal information concerning the Courier to be kept over time (surname, first name, order history, etc.) in order to allow him to place an Order more quickly.

8. How is a Product Order made?

Orders can only be placed for professional purposes as declared and acknowledged by the Courier.

The Courier is prohibited, without prior authorization from Stuart, from reselling the Products; Stuart reserves the right to prohibit sales to any Courier reselling Products without its prior authorization.

The Courier, to place an Order on this website, must proceed with the acquisition of the Product(s) of his choice, by clicking on the “Add to Basket” button while specifying the number of Products desired.

From the “Basket” page of this website, the Courier fills in the mandatory information such as his delivery and billing address and/or connects via his account and expressly accepts the terms of this FAQ (which can be identified under the name of the GCS or general conditions of sale) by ticking the corresponding box and then proceeds to the payment of the amount of the Order by credit card.

The Order placed by the Courier will not be final until effective payment of the amount of the Order by the Courier .

Any Order placed by a Courier on this website is subject to immediate written confirmation by Stuart, sent by e-mail to the Courier.

An e-mail is also sent to the Courier to inform him of the shipment of the Product(s) acquired.

9. What to do in case of out of stock?

Stuart undertakes to deliver the Products within the limits of available stocks.

In case of unavailability of one of the Products, the Courier will be informed:

– either, during the establishment of his Order on this website and the sale cannot be carried out;

– or, after payment of the price, by e-mail, as soon as possible. Stuart will refund the price of the unavailable Product(s) to the bank account used for the Order, within thirty (30) days of the notification sent to the Courier or will offer the Courier to wait a new period which will then be specified.

10. What are the prices of the Products and how do I pay?

The prices displayed on this website for each Product are indicated in euros, all taxes included and therefore include the amount of VAT up to 20% of the price excluding taxes.

The prices do not take into account any shipping costs, invoiced in addition. The prices can be modified at any time, it being specified that the applicable prices are those indicated before the validation of the order.

Payment for the Products is made exclusively by bank card (CB, Visa, MasterCard) on this website.

Payments by PayPal, American Express or other means of payment will not be accepted.

Payment is made on this website through a secure banking platform, which is managed by a third-party company. In this context, Stuart does not have the Courier’s payment information at any time and cannot be held responsible in the event of fraudulent use of the means of payment used.

Payment is therefore made when ordering.

In the event of non-payment by the Courier, the lump sum compensation for recovery costs in the amount of forty (40) euros will be immediately payable by Stuart. In addition, late payment interest will begin to accrue on this date, up to three (3) times the legal interest rate.

11. Where can the Products be delivered?

Orders from this website can only be delivered on the territory of Metropolitan France, Corsica and Monaco. Orders that do not meet these geographical limitations cannot be taken into consideration on this website.

12. What are the delivery terms?

Each Product delivery is deemed to have been made as soon as the package is made available to the Courier, it being specified that the only delivery method offered is delivery to a relay point via the Mondial Relay network.

The Courier must check the parcel on arrival and make all reservations if necessary, or even refuse the parcel, if it is likely to have been opened or if it bears obvious signs of deterioration. Reservations and complaints must be notified on the delivery note and sent to the carrier by registered letter with acknowledgment of receipt within three working days of receipt of the Product. The Courier will send a copy of this registered letter with acknowledgment of receipt to Stuart.

13. What are the prices and delivery times?

The amount of the delivery is calculated and invoiced to the Courier at the time of the Order and, if necessary, may be the subject of a commercial offer, which will then be indicated on this website.

Delivery of the Products is made by post within the estimated time indicated on this website and/or indicated by Stuart when placing the Order.

If the delivery date is exceeded by more than 30 days, the Courier has the possibility of canceling the Order of the Product(s), by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after directing Stuart on the same terms to deliver the Product(s) within a reasonable additional time, Stuart has failed to deliver within that time.

The Order is considered resolved on the date of receipt by Stuart of the letter or writing informing it of this resolution, unless Stuart has performed in the meantime.

In this case, Stuart reimburses the Courier, as soon as possible and at the latest within fourteen (14) days from receipt of the aforementioned letter of formal notice, the price of the Product(s) subject of the Order, as well as the delivery costs invoiced to the Courier.

14. Is a right of withdrawal applicable?

The Products being intended for professionals exclusively, no right of withdrawal can be applied.

15. What are the commitments made by the Couriers by visiting this website and, if applicable, by placing an Order?

By accessing this website, the Courier declares, guarantees and undertakes to:

▪ when placing an Order, pay in full and without delay the price of the Products and the delivery of the Order;

▪ access and use the website in good faith, in a reasonable manner, not contrary to the terms hereof;

▪ not to use devices or software other than those provided by Stuart intended to i) affect or attempt to affect the proper functioning of the website ii) or else to extract, modify, consult, even in buffered or temporary memory, or again for individualized use, all or part of the website and/or the Products;

▪ not to access and/or use the website and/or the Products for illicit purposes and/or with the aim of causing damage to the reputation and/or the image of Stuart and/or the other Couriers, or more generally to infringe the rights, in particular intellectual property, of Stuart and/or third parties;

▪ not directly or indirectly market the Products and/or access to the website and/or the Products;

▪ not to reuse or exploit all or part of the website, in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorized by Stuart;

▪ not to reproduce, represent all or part of the website for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties;

▪ not limit access to and use of the website;

▪ not to modify, including in buffer or temporary memory, any mention or element of the website;

▪ ensure that use of the website does not affect or compromise the stability, security and quality of the website, networks, bandwidth, or infrastructure of Stuart, other Internet users and/or some thirds ;

▪ not contravene the provisions of Articles 323-1 to 323-7 of the Penal Code punishing so-called “hacking” practices; In the event of breach of one or other of these obligations, without this list being exhaustive, the Courier is informed that Stuart will have the option of refusing or suspending him, unilaterally and without prior notification, access to all or part of the website and to suspend, if necessary, access to his account.

16. What are the legal and contractual guarantees?

The Courier must notify Stuart upon receipt of the Product of any apparent non-compliance, deterioration or apparent defect of the Products, indicating the Order number, the products concerned, and carefully describing the anomalies observed.

Stuart may request any additional information on the Products concerned for verification during a period of eight (8) working days from the notification to verify the veracity of the apparent non-conformities, deteriorations or apparent defects declared.

Any non-compliant and/or defective Product identified as such by Stuart will be returned to Stuart at its expense, which will then proceed to an exchange if the warranty conditions apply.

17. To what extent can Stuart be held liable?

Stuart subscribes to the terms of this frequently asked questions amounting to general conditions of sale to an obligation of means, to the exclusion of any other obligation.

As an essential and determining condition without which Stuart would not have entered into these presents, Stuart’s liability can only be engaged in compensation for real, personal and certain damage suffered by the Courier, to the exclusion of any indirect damage, such as loss of turnover, customers, data, image damage suffered by the Courier resulting from the execution, or poor execution, of the GCS.

Each of the Parties must do everything possible to minimize the damages that it could suffer in application of the present conditions.

It is expressly agreed that the Courier can only hold Stuart liable for a period of one (1) year from knowledge of the alleged harmful event.

AS AN ESSENTIAL AND DETERMINING CONDITION OF THE CONCLUSION OF THESE PRESENT CONDITIONS, WITHOUT WHICH STUART WOULD NOT HAVE CONTRACTED, THE TOTAL TOTAL AMOUNT OF DAMAGES AND INTEREST FOR WHICH STUART COULD BE LIABLE, UNDER THE QUESTIONING OF HIS CONTRACTUAL LIABILITY DUE TO THE NON-EXECUTION OR MIS-EXECUTION OF THE OBLIGATIONS ARISING HEREIN SHALL NOT EXCEED TWICE THE TOTAL AMOUNT PAID BY THE COURIER TO STUART IN RESPECT OF THE EXECUTION OF THE ORDER CONCERNED BY CLAIMING STUART’S LIABILITY.

The Courier is solely responsible for the use he makes of the website.

Stuart cannot under any circumstances be held liable in the context of a procedure brought against the Internet user who is guilty of non-compliant use of the website.

The Courier acknowledges and accepts in this respect that he will personally deal with any complaint or procedure brought against Stuart, due to the non-compliant use by him of the website.

The website may contain hypertext links to third party websites.

In this regard, given the evanescent nature of the content that may be broadcast on the websites to which the said hypertext links point, Stuart cannot be held liable in the event that the content of the said third-party websites contravenes the legal provisions and /or regulations in force.

In any case, Stuart cannot be responsible for:

▪ in the event of unavailability of the website for reasons such as failure of the public electricity network, failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the Courier, for whatever cause, in particular strikes, storms, earthquakes or any other cause having the characteristics of force majeure;

▪ in the event of use of the website by any Internet user under conditions that do not comply with the terms hereof; Stuart cannot be held responsible for any malfunction of any kind whatsoever relating to the Courier’s computer equipment as well as its Internet access connection, when accessing the website.

In particular, Stuart does not guarantee the Courier on any problems with the access speeds of the website and/or the buffering speed of the Courier’s computer that he may encounter.

18. In which case can I cancel an Order and how is a case of force majeure handled?

Each of the Parties may suspend the performance of its obligations and/or terminate an Order, immediately and without notice, in the event of a substantial breach by the other Party of its obligations, which it does not remedy within thirty (30) Days following receipt of a written notification by registered letter with acknowledgment of receipt from the other Party. In the event of non-fulfilment of one of the obligations provided for herein, the debtor Party of this obligation will not be considered as defaulting nor liable for compensation, if the performance of the obligation has been made impossible by a case of force majeure. within the meaning of article 1148 of the Civil Code and case law.

The Party in a situation to avail itself of a case of force majeure must:

● Notify the case of force majeure to the other Party;

● Make its best efforts to mitigate the consequences of force majeure and resume the execution of the present as soon as possible.

If the suspension hereof due to force majeure lasts more than thirty (30) days, the aggrieved Party may terminate the Order by notification delivered to the Party suffering the force majeure.

19. Who owns the intellectual property on the website?

Stuart is the owner or licensee of the intellectual property rights both to the general structure of the website and to its content (texts, slogans, graphics, images, videos, photos, programs, Products and other content). Therefore, any representation, reproduction, modification, distortion and/or total or partial exploitation of the website and/or the Products, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Stuart , is prohibited and constitutes acts of copyright infringement.

Similarly, any unauthorized use of the website and/or the Products engages the criminal and civil liability of the Courier on the basis of copyright infringement.

The Courier acknowledges and accepts that access to the website and/or the Products made available by Stuart does not entail any assignment or concession of intellectual property rights (particularly copyright) and other personality rights (right to image, respect for privacy) for the benefit of the Courier.

The trademarks, logos, corporate names, acronyms, trade names, signs and/or domain name of Stuart and/or its business partners mentioned on the website and/or Products, made available by Stuart on the website, constitute distinctive signs that cannot be used without the express and prior authorization of their holder.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of company name, trade name and domain name engaging the civil liability of its author.

The hypertext links accessible on the website, to other websites and in general to all existing resources on the Internet cannot engage the responsibility of Stuart.

The Courier may not under any circumstances set up hypertext links to deep pages of the website, allowing access to the Products and this, by any technical process intended to bypass the identification field of the Courier or to carry out the aspiration of all or part of the content of the website made available by Stuart.

The “framing” technique is prohibited, except with the express and prior authorization of Stuart.

The Courier irrevocably acknowledges that the website, including the structure and/or ordering of the Products, consist of one or more databases made available to Couriers by Stuart as producer of said databases at the meaning of the provisions of articles L.341-1 and following of the Intellectual Property Code.

Therefore, in accordance with the provisions of Article L. 342-1 of the same Code, the Courier is prohibited from:

▪ the extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the website, including the structure and/or the ordering of the Products, on another medium, by any means and in any form whatsoever, including for the purpose of use or consultation by a medium and/or process(es) not authorized by Stuart;

▪ the reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the website, including the structure and/or the ordering of the Products in any form, including by hyperlink, media and/or process(es) not authorized by Stuart;

▪ the creation, editing, maintenance, updating, import, export, provision to third parties, free of charge or against payment, and participation in the aforementioned acts, of a database competitor from all or part of one or more of Stuart’s databases;

▪ viewing on a screen by any process or media other than those by which Stuart intends to disclose the website, including the structure and/or ordering of the Products;

▪ in general, any extraction, use, storage, reproduction, representation or preservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of the databases Stuart’s data, committed by one of the methods referred to above is strictly prohibited, including by a media not authorized by Stuart.

The Courier acknowledges and accepts that access to the website made available to him by Stuart does not imply any transfer or concession of intellectual property rights (including copyright) and other rights for his benefit, with the exception of those strictly necessary for the fulfillment of an Order and/or for the consultation of the website by an Internet user under the conditions hereof.

20. How are Couriers’ personal data processed?

Within the framework of the activities detailed within these General Conditions of Sale, STUART carries out Processing of Personal Data within the meaning of the GDPR, on the basis of the execution of these Conditions in particular. The Courier is informed of all actions taken by STUART on Personal Data, within the Privacy Policy.

For all the Purposes described in the Privacy Policy, STUART acts as Data Controller within the meaning of the GDPR.

For more information, STUART invites couriers to consult the aforementioned Policy.

21. What are the methods of correspondence and proof between Stuart and a Courier and the validity of these presents?

Except as otherwise provided herein, correspondence exchanged between Stuart and the Courier is mainly carried out by e-mail.

In application of articles 1366 and following of the Civil Code, the Courier acknowledges and accepts that the information delivered by Stuart by e-mail is authentic between him and Stuart.

Elements such as the time of receipt or transmission, as well as the quality of the data received, shall prevail by priority as appearing on the aforementioned media, or as authenticated by Stuart’s computerized procedures, unless otherwise provided. written and contrary proof by the Courier.

The scope of the proof of the information delivered by this website is that granted to an original in the sense of a written paper document, signed by hand.

22. How would a potential dispute between a Courier and Stuart be handled?

These presents express the entirety of the obligations of Stuart and the Courier relating to their subject. The fact for one of the parties not to take advantage of a breach by the other party, of any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation. in question.

In the event that one or more stipulations hereof are considered void, deemed unwritten or declared as such pursuant to a law, regulation or following a decision of a competent court having authority to res judicata as a last resort, the other stipulations will keep all their force and scope and will remain fully applicable, except if the invalid stipulation(s) were of a substantial nature and their disappearance called into question the contractual balance.

In the event of difficulties of interpretation between one of the titles appearing at the head of the clauses hereof and one of the clauses, the titles will be declared non-existent.

These frequently asked questions, which constitute general conditions of sale within the meaning of article L.441-1 of the Commercial Code, are subject to French law.

ANY DISPUTE BETWEEN THE PARTIES RELATING TO THE VALIDITY, INTERPRETATION AND/OR EXECUTION OF THESE TERMS WILL BE SUBMITTED, IN THE ABSENCE OF AMICABLE RESOLUTION, TO THE JURISDICTION OF THE COURTS WITHIN THE JURISDICTION OF THE PARIS COURT OF APPEAL.