General terms and conditions of sale

1. Scope of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply, without restriction or reservation, to all sales made by POP’IN (“the Provider”) to a purchaser (“the Customer”) on the www.popin.fr website wishing to acquire the services offered for sale by the Provider (“the Services”). In particular, they specify the terms of ordering, payment, delivery and management of any returns of the Services ordered by Customers.

The www.popin.fr website is a paying website on which POP’IN offers an online luggage locker reservation service.

These General Terms and Conditions of Sale (GTCS) only apply to bookings made and paid for online on the Website by the Customer using the online booking service.

2. How do I book on the POP’IN website?

2.1 Conditions required before booking

The Customer fully and completely accepts the GTC by ticking the box provided for this purpose. Failure to do so will make it technically impossible to continue with the booking if the GTC are not accepted. By reserving one or more lockers on the Site, the Customer implicitly acknowledges that he/she has obtained all the information required on the nature and characteristics of this service.

The Customer must be at least 18 years of age, be legally capable of entering into a contract and use this Site in accordance with the GTC in force on the date the reservation is validated. The Client attests to the truthfulness and accuracy of all information provided to POP’IN as part of the booking process and, in this respect, guarantees POP’IN against any action or claim by a third party relating to the unlawful or fraudulent use of the Client’s data by another person as part of the use of the Services.

2.2 Online contractual booking procedure

The Customer completes the mandatory fields of the booking form online.

The Customer checks or corrects or modifies or confirms the information given and validates or abandons their reservation.

The Customer unreservedly accepts the POP’IN website’s General Terms and Conditions.

The Customer definitively confirms their booking by entering and validating the payment details they have selected. The following secure payment methods are available Credit cards (Visa/Mastercard/Amex), Apple Pay, Paypal, Bancontact, giropay and iDeal.

The contract thus concluded online by the Customer on the POP’IN website becomes firm and definitive.

2.3 Dispatch of locker unlocking codes

POP’IN shall then send an email and/or SMS confirming the reservation and containing the codes required to use the locker(s) reserved on the Website. This confirmation email and/or SMS shall be sent to the email address and mobile telephone number provided by the customer on the booking form.

2.4 Modification, transfer or cancellation of a reservation

The Customer is responsible for the information provided and verifies its accuracy before definitively confirming the booking. The Customer is informed that any reservation made on the Site can no longer be modified.

The reservation cannot be modified and cannot be transferred either to another person or to another POP’IN lockers area.

2.5 Withdrawal and refund

In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the customer is informed that he/she does not have a right of withdrawal, which he/she expressly waives in view of the specific nature of the service, and that the reservation is non-refundable except in the event of force majeure.

2.6 Cases of Force Majeure

Force Majeure” means an event as defined by the legal provisions in force, such as a natural disaster or a major political event (war, etc.), which, given the circumstances, is unforeseeable, irresistible and external and which makes it impossible to perform the contract.

2.7 Booking codes

The reservation email and/or SMS sent by POP’IN with the reservation codes shall be deemed to be the reservation. No other document shall be sent to the Client.

2.8 Financial terms and conditions

The Services are provided at the current prices shown on the Provider’s website. These prices are firm and non-revisable during their period of validity, as indicated on the Website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, bank, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the Website and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

If it is not possible to reasonably calculate the price in advance, the Service Provider undertakes to provide the method of calculating the price and, if applicable, to indicate the additional costs of transport, delivery or postage and any other possible costs. If these costs cannot be reasonably calculated in advance, the Service Provider shall inform the Customer that they may be payable in accordance with the legal provisions in force.

They take into account the VAT applicable on the day of the reservation.

Payment for the reservation shall be made online via a secure payment system. The booking request is considered definitive once the Client has paid the total price of the booking due to POP’IN. Any rejection of payment – for whatever reason – shall result in the reservation request being cancelled outright. POP’IN shall not be held responsible and the booking shall not be recorded.

The Client acknowledges that the data recorded by POP’IN in connection with bookings made on the Website constitutes proof of the financial transaction.

3. Provision of the service

The Services ordered by the Customer will be provided as from the final validation of the Customer’s order, under the conditions set out in these General Terms and Conditions of Sale, at the address, of the premises, chosen and indicated by the Customer when placing the order on the Website, without the possibility of changing the location and date after final validation of the order.

The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer within the time limits specified above.

If the services ordered have not been provided within this period after the indicative date specified above, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 138-2 and L 138-3 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.

4. General Conditions and Procedures for Using and Booking the Service

• The premises are open from 6am to 11pm, seven days a week;
• Bookings can be made on the website 24 hours a day;
• Reservations can be extended by sending an email to contac@popin.fr;
• Possibility of renting for several days in a row;
• Pets are not allowed in any lockers and/or rooms;
• All areas are non-smoking;
• Access is restricted to over-18s or children accompanied by an adult;
• No storage of perishable goods;
• The size of the lockers is W 48 cm x H 61 cm x D 85 cm; maximum weight per locker 30 kg.

It is the Customer’s responsibility to check the size and weight of their baggage before making any reservation on the site.

No claims or refunds will be accepted for baggage that does not comply with these dimensions and weights.

It is also the Customer’s responsibility to ensure that :

• the locker door is closed when they leave the POP’IN area;
• their luggage is securely locked (code, padlock, etc.) and identified (label with the Customer’s name and contact telephone number);
• they do not leave valuables for which the Customer remains responsible and for which POP’IN declines all liability;
• there are no animals in the luggage;
• Nothing is left inside the locker when the Customer leaves the POP’IN locker area.

The Customer remains responsible for his/her baggage and its contents.

It is the Customer’s responsibility not to leave any identity document or any document required for travel in the locker. The Customer acknowledges having taken all the necessary precautions and measures to ensure that no document required for travel is left in the locker. Should the Customer fail to do so, POP’IN shall under no circumstances be held responsible.

For security reasons, any object or baggage left behind or found and not claimed will be destroyed after a certain period.

Customers may enter and leave as many times as they wish between 8am and 10pm, provided they have a valid reservation.

In the event of the dispatch of a forgotten item, all costs shall be borne by the Customer, payable in advance, with a minimum of €25 to which shall be added the dispatch costs which depend on the weight, destination and dispatch method (ordinary, UPS, etc.).

Under no circumstances can POP’IN be held responsible for any baggage damaged or stolen during shipment or for any baggage that does not reach its destination, nor for any objects or baggage left in the premises and not stored in the allocated locker.

Although every effort is made to protect and secure the premises, POP’IN SAS declines all liability in the event of burglary/objects left behind or damaged.

4.1 Insurance

Luggage stored in our lockers is covered by insurance for a maximum value of EUR 1,500.00 per locker on presentation of proof and excluding all prohibited products.

This insurance cover reimburses the customer for all damage and/or loss directly attributable to the POP within the above-mentioned limits, as well as in the event of proven theft by third parties. Provided that the luggage is stored in the locker allocated at the time of booking and that the locker is closed.

Such insurance cover is not available for precious stones, precious metals, watches, plasma screens, LCD screens, satellite navigation systems, mobile phones, computers, tablets, jewellery, silver, glass, porcelain, works of art, antiques, documents or films, tapes, discs, memory cards or any other medium containing data or images and all products and objects mentioned in the list of prohibited objects. The insurance mentioned above does not cover breakage of handles and/or wheels.

All POP’INs are monitored with an alarm system linked to the local authorities and private surveillance; in addition, all POP’INs are equipped with 24-hour video surveillance, networked with central control and private surveillance.

For more details on insurance conditions and cover, please contact us.POP’IN SAS will take any legal action it deems necessary in the event of misuse or deterioration of the facilities made available to its customers.

No claim whatsoever shall be accepted after a period of 72 hours from the date and time at which the Baggage is returned.

4.2 Prohibited items

The following items may not be stored in our lockers

• Revolvers, firearms and weapons
• Metal suitcases and trunks
• Any item with a unit value in excess of €1,000
• Important personal effects such as keys, wallets, identity papers, passports, driving licences, handwritten documents, title deeds and other official documents, business papers, travel tickets, credit cards, cash or any other means of payment, securities, etc…
• Mobile phones and smartphones, digital tablets, digital e-readers, portable and non-laptop computers, cameras and all photographic, radio, sound or image recording or reproduction equipment, and their accessories
• Luxury luggage and bags, watches, fishing rods, golf clubs and, more generally, all sports equipment, clocks, porcelain, earthenware, curios and decorative objects, carpets, paintings, tapestries, furs, books, musical instruments, household goods, collections (a collection is considered to be a grouping of objects of the same nature, which are related to one another and are the subject of a quotation between collectors), etc.
• Jewellery in precious metals or stones, fine pearls, works of art
• Cosmetic products such as perfumes, creams, make-up, etc.
• Any fragile item: crockery, porcelain, earthenware, etc.
• Foodstuffs or perishables
• Medicines
• Prostheses of any kind, glasses and contact lenses
• Cigarettes, tobacco and tobacco products
• Liquids, wines and spirits
• Chemical, toxic or dangerous products
• Mouldy, polluted or contaminated objects or goods
• Firearms, ammunition, explosives, fuel and fireworks
• Radioactive or dangerous materials
• Liquid fuels (e.g. LPG, FOD, heavy fuel oil and similar products)
• Combustible gases (e.g. acetylene, methane, butane and propane, hydrogen, etc.)
• Flammable liquids
• Illegal substances
• Living creatures (animals, plants or other)
• Waste
• Stolen or illegally held goods or merchandise
• Goods stored for commercial purposes
• Computer files except blank data carriers
• Copies and imitations of weapons
• Ammunition
• Knives and sharp instruments
• Blunt instruments
• Disabling or incapacitating items
• Articles that can be used as a weapon
• Explosive and flammable substances
• Chemical and toxic substances
• Valuable electronic devices (telephones, laptops)
• Travel documents (passports)
• Explosives, fuel, dangerous or flammable materials
• Pesticides, toxic chemicals, pollutants, waste of any kind
• Firearms, ammunition, illegal drugs or other controlled substances
• Stolen goods, illegal or illicit substance(s) or other contraband
• Perishable food products, spoiled food, live or dead plants or animals, infested or otherwise contaminated items, damp or mouldy items
• Radioactive materials, items that emit fumes or other strong odours
• Cash, works of art and securities (e.g. share certificates)

5. Booking times and operating procedures

POP’IN areas are open from 8am to 10pm.

Pick-ups are not possible after 10pm.

After 10pm, in order to collect the item – from the next day – or extend the reservation – subject to availability – the customer must contact POP’IN by email: contac@popin.fr

Either to renew the reservation for an additional day (subject to availability);
or to collect their belongings from the following day.

Any locker that has not been released by 8 a.m. the following day and for which the unlocking procedure has not been carried out and for which no reservation extension has been made, will be emptied and the baggage will be stored in a dedicated secure area for a maximum period of 5 days. After this period, the baggage will be destroyed at the Customer’s expense.

The baggage shall be returned on payment of €50 for administrative and handling costs, plus €25/day for storage; the time of return shall be set by POP’IN.

After 5 days and without any news from the owner, the baggage may be destroyed. POP’IN areas are under no circumstances living areas such as waiting rooms.

6. Responsibility of POP’IN

POP’IN shall not be held liable in the event of abandonment or non-execution of the booking if this is due to force majeure or to the fault of the Client who, for example, may have made errors when entering mandatory information. Furthermore, POP’IN may not be held liable in the event of fraudulent use by a third party of the Client’s identity or means of payment.

It is the Client’s responsibility to check the accuracy of the information provided, in particular the country code + mobile number and the e-mail address, at the time of the final booking, which shall be deemed to constitute a contract. POP’IN may not be held responsible for the consequences of the temporary unavailability of the Site or for any connection problems between the client’s equipment (computers, mobile phone) and the POP’IN Site occurring during a booking request or validation.

No claim or refund will be accepted if the customer does not complete the booking form correctly.

The Service Provider warrants, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or manufacturing defect in the Services ordered under the terms and conditions set out in the appendix to these General Terms and Conditions of Sale. In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or lack of conformity without delay after the Services have been provided.

The Service Provider shall reimburse or rectify or cause to be rectified (to the extent possible) the Services found to be defective as soon as possible after the defect or deficiency has been ascertained by the Service Provider. The refund will be made by crediting the Customer’s bank account or by cheque sent to the Customer.

The Service Provider’s guarantee is limited to the reimbursement of the Services actually paid by the Customer and the Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognised by French case law.

The Services provided through the Provider’s Website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for choosing the Services requested, to check.

For any question relating to the service, a hotline is open from 8 a.m. to 10 p.m. for any information and/or assistance at the number indicated on the POP’IN website.

1. 7. Miscellaneous provisions

7. 7.1 Force Majeure

With respect to all of the Service Provider’s obligations under these GCS, the Service Provider shall not be liable for any delay or failure to perform, without fault or negligence on its part, in the event of force majeure as defined by applicable law.

7.2 Non-waiver

The fact that one of the Parties does not take advantage of a breach by the other Party of any of the obligations referred to in these General Terms and Conditions of Sale shall not be interpreted in the future as a waiver of the obligation in question.

7.3 Nullity of a provision

The annulment of one of the stipulations of these General Terms and Conditions of Sale shall not entail the annulment of these General Terms and Conditions of Sale as a whole, unless the disputed stipulation can be considered, in the minds of the signatories, as substantial and determining, and its annulment would call into question the general balance of these General Terms and Conditions of Sale. In the event of the cancellation of one of the stipulations of the present General Terms and Conditions of Sale, considered to be non-substantial, the parties will endeavour to negotiate an economically equivalent clause.

8. Settlement of disputes

These General Terms and Conditions of Sale are governed by and subject to French law.

They are written in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

The Customer is hereby informed that he/she may in any event have recourse to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. Any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of these General Terms and Conditions of Sale may in particular be submitted to a conciliation procedure between the Parties.

This procedure is confidential. In such a case, a conciliator (a third party to these General Terms and Conditions of Sale) will be referred to jointly by the Parties. The conciliation will be carried out before a single conciliator. In the event of disagreement over the appointment of the conciliator, the Parties’ respective counsels will agree to appoint a neutral conciliator in the best interests of each of the Parties. The conciliation attempt shall be made in good faith and the Parties agree, in this spirit, to meet at least once under the aegis of the conciliator. In the absence of an agreement to the contrary by the Parties, the conciliation shall not be extended beyond a period of 1 (one) month from the date of referral to the conciliator. The costs and fees of the conciliation shall be borne equally by each of the Parties. Each Party shall bear the costs and fees of any counsel appointed by it in connection with the conciliation.

The Parties hereby accept that in the event of a conciliation agreement, it will be drafted and signed by the Parties under the aegis of the conciliator and will allow an amicable outcome to the dispute submitted to him. If, however, the legal action of one of the Parties is subject to a limitation period likely to end during the conciliation, this Party may interrupt the limitation period by any legal means, as a precautionary measure, this procedure remaining suspended until the end of the conciliation.

In the absence of a solution through an alternative dispute resolution method, any dispute relating to the existence, validity, interpretation, performance and fulfilment of these General Terms and Conditions of Sale (or of any of these clauses) will fall within the exclusive jurisdiction of the competent courts under the conditions of common law.

9. Pre-contractual information / Customer acceptance

The Customer acknowledges that, prior to placing his/her order, he/she has been provided, in a legible and comprehensible manner, with the present General Terms and Conditions of Sale and with all the information and details referred to in articles L111-1 to L111-7 of the French Consumer Code, and in particular: (i) the essential characteristics of the Service, taking into account the communication medium used and the Service concerned, (ii) the price of the Services and ancillary costs (delivery, for example) ; (iii) in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to deliver the Service, (iv) information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context, (v) information relating to the legal and contractual guarantees and how they are implemented, (vi) the functionalities of the digital content and, where applicable, its interoperability; (viii) information relating to the right of withdrawal (not applicable in this case), the cost of returning Products (not applicable given the nature of the Service), cancellation procedures and other important contractual conditions.

The fact that a natural person (or legal entity) orders Services from the Service Provider implies full and unreserved acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider.

10. Personal data and security

The www.popin.fr website is wholly owned by POP’IN SAS.

Strict security procedures for the storage and disclosure of information have been put in place to prevent unauthorised access.

POP’IN SAS via www.popin.fr does not sell, market or rent any information concerning its customers to third parties.

The lockers are controlled via secure software that monitors locker activity and availability in real time, and enables emergency access for security staff in the event of a problem or technical malfunction.

POP’IN areas are under 24-hour video surveillance and videos are stored for 15 days.

11. Intellectual property rights

POP’IN is the owner of all property rights attached to the Website and its component parts and holds the required licences. It holds all intellectual property rights and derivative rights attached to the concepts, editorial content, videos and software used and/or distributed on the Website. In general, no provision of these General Terms and Conditions of Sale may be interpreted as granting the Client, expressly or implicitly, any right whatsoever (under the terms of a licence or by any other means) over the names, trademarks, acronyms, logos and other distinctive signs of POP’IN or over any other right of POP’IN relating, in particular, to literary and artistic property.

It is therefore forbidden to reproduce, modify, transfer or exploit all or part of the Site without the express written authorisation of POP’IN.

In accordance with the GDPR (General Data Protection Regulation) in force since 25 May 2018 and respect for your privacy, you can ask to no longer receive messages from us. Please know that we will continue to protect your personal information and be transparent about how we use it.

Your information will not be passed on to third parties for commercial canvassing without your consent.

In accordance with the amended Data Protection Act, you may exercise your rights of access, rectification, deletion, portability, limitation and opposition to the processing of your data by sending a simple request by e-mail to: contac@popin.fr

Please indicate “protection of personal data” and specify the subject of your request, as well as your surname, first name and address, and attach a copy of both sides of an identity document.

If you are not satisfied with the response to a request relating to your personal data, you can contact us by post:

• POP’IN
• 24, Cours de l’intendance
• 33000 Bordeaux

Finally, you can submit any complaints to the CNIL.

What personal information is collected?

We collect the information you give us as part of our commercial relationship, in particular:

• when you create a customer account
• when managing your requests/orders
• in your dealings with our Reservations, Management or Customer Services departments.
• The information whose collection is strictly necessary to provide you with a service is indicated by an asterisk and generally concerns your surname, first name, postal address, e-mail address, fixed or mobile telephone number and date of birth.

In accordance with regulations, we do not collect data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic personal data or biometric personal data for the purpose of uniquely identifying a natural person.

If you wish to continue to receive our information e-mailings, no action is required on your part.

12. Amendments to the General Terms and Conditions

We reserve the right to modify these GTC at any time, automatically and without formalities.

13. Applicable law and jurisdiction

These GCS are governed by French law.

In the event that the regulations in force make it possible to derogate from the rules of territorial jurisdiction of the courts and for the case of any dispute that may arise in relation to these GTC, the parties assign jurisdiction to the court of Paris.

14. POP’IN contact

Any question relating to a booking must be sent by email with acknowledgement of receipt to contac@popin.fr. For any question or point not expressly mentioned, the Customer may also send a letter to POP’IN SAS.

In the event of a complaint, the Customer must send a letter by registered post with acknowledgement of receipt, together with a copy of a valid form of identification, to the following address: POP’IN SAS 24, Cours de l’intendance, 33000 Bordeaux.