General Shipping Terms and Conditions
SarL MBE Luxembourg, registered with the Luxembourg Trade and Companies Register under number B288506, having its registered office at 110 Rte d’Arlon, L-8210 Mamer, Master Franchisee of the MAIL BOXES etc.
(valid from 12 August 2024)
Article 1. Scope of Application
1(1)
These General Shipping Terms and Conditions (GTC) apply to all shipping contracts entered into between, on the one hand, a customer (natural or legal person, acting for private or professional purposes) (hereinafter referred to as “the customer”) and, on the other hand, the company SarL MBE Luxembourg, which operates the MBE Center (hereinafter referred to as “the MBE Center”) located at 110 Rte d’Arlon, L-8210 Mamer as an independent franchisee of the MBE network.
Any subscription to a shipping service for goods and merchandise with the MBE Center, SarL MBE Luxembourg acting for these services as a forwarding agent not responsible for the execution of the transport and its parties is considered to be a shipping contract within the framework of these terms and conditions.
The shipping contract may be accompanied by the provision of one or more additional services as defined in Article 4 of the GTC.
These GTC do not apply to services other than shipping, or to purchases of goods from the MBE Center, unrelated to a shipping contract, which are governed by the General Terms and Conditions of Sale of the MBE Center.
1(2)
The shipping contract also includes the duly completed packing note, the MBE center’s price lists, the related forms, quotes and invoices, as well as the General Conditions of Carriage of the MBE center’s partner transport company chosen by the customer to carry out the transport.
1(3)
No derogation from these GTC or the shipping contract will be allowed, unless expressly accepted in writing by the MBE Center.
Any derogation from the General Conditions of Carriage of the transport company that is the partner of the MBE center must have been accepted in advance and in writing by the latter.
1(4)
The GTC take precedence over any document derogating from it from the client.
Article 2. Fulfillment of the shipping contract.
2(1)
The transport of goods and merchandise from the customer to the recipient is carried out by the MBE Center’s partner transport company mentioned on the packing note that the customer has chosen.
Consequently, any shipping contract implies the customer’s adherence to the General Conditions of Carriage of the transport company that is a partner of the MBE Center, which the customer declares to be aware of as having been given to him prior to the signing of the packing slip.
2(2)
SarL MBE Luxembourg is not responsible to the customer for the performance of the transport and is not responsible for the facts of the transport company that is a partner of the MBE center and/or its substitutes.
2(3) Obligations of the client.
Packaging – Labelling.
In the event that the customer does not subscribe to the additional packaging service referred to in Article 4.1. of these GTC, the Goods Buyer will be required to package, package and affix the marks or countermarks in such a way that the goods can withstand transport and/or storage under normal conditions as well as the subsequent handling involved in carrying out the transport.
Packaging must not be a cause of danger to driving or handling personnel, the environment, the safety of transport equipment, other goods transported or stored, vehicles or third parties.
The customer will also be required to affix to each parcel, object or load carrier, a clear label allowing immediate and unequivocal identification of the sender, the recipient, the place of delivery and the nature of the goods.
The customer is liable for all consequences of an absence, insufficiency or defect in the packaging, packaging, marking or labelling, as well as a failure to comply with the obligation to provide information and declaration on the nature and particularities of the goods. The customer expressly undertakes not to hand over to the MBE center any goods or goods that
do not meet the conditions of collection laid down by the General Conditions of Carriage of the transport company that is a partner of the MBE center that he has chosen.
In the event that the customer hands over to the MBE center goods and/or goods that contravene the Conditions imposed by the transport company that is a partner of the MBE center, he or she will bear the consequences alone without recourse against SarL MBE Luxembourg.
The works of art will only be allowed to be shipped on the condition that the customer takes out a specific insurance policy including the waiver of any recourse by the insurer against SarL MBE Luxembourg and/or the transport company partner of the MBE center.
The MBE center does not take any special measures to protect perishable goods from the effects of heat or cold.
Perishable goods are shipped at the sole risk of the customer under the same conditions as other goods, with the MBE Center reserving the right to destroy the altered goods at the customer’s expense and risk.
Article 3. Customs clearance.
The MBE center is authorised to carry out customs clearance operations on behalf of the customer or to entrust them to a third party such as the transport company that is a partner of the MBE center. However, compliance with customs regulations is solely the responsibility of the customer.
The Client shall reimburse the MBE center on request for the costs, taxes and charges resulting from customs clearance or shall pay, on first request, a deposit in an amount sufficient to cover the MBE center for any sums which it may be required to make in advance in order to carry out its operations.
Article 4. Additional services.
4(1)
Packaging service.
The customer has the option of obtaining the packaging service offered by the MBE center, upon payment of the price indicated in the packing slip.
In the case of goods requiring special packaging precautions for their transport, the customer must inform the MBE center in writing, as the customer cannot be held liable in the event that the specifics relating to the goods have not been mentioned on the packing slip.
4(2)
Cash on delivery.
In the event of a “cash on delivery” stipulation, the service will be treated under the terms and conditions of the transport company that is not responsible for the MBE center’s partner company.
4(3) Insurance.
The customer has the option of taking out insurance directly with the MBE center’s partner transport company chosen by the customer to carry out the transport. The General Insurance Conditions of the transport company are part of the General Conditions of Transport of the partner company of the MBE center chosen for the transport which are given to the customer prior to the signing of the packing slip. These Terms and Conditions specify in particular the scope of the insurance taken out, the conditions for its implementation and any limitations.
Article 5. Delivery times.
The customer chooses the delivery time according to the following options:
- Standard: delivery within 1 to 5 days from the day of pick-up,
- Express: delivery within 2-7 days from the pick-up day.
The deadlines indicated are in working days and are given as an indication. The MBE center assumes no responsibility for delays in delivery by the MBE center’s partner transport company chosen by the customer to carry out the transport.
Article 6. Accountability.
The MBE center is not liable for any loss, damage or delay attributable to the MBE center’s partner transport company chosen by the customer.
In the event that the MBE center is held liable for any reason whatsoever, it is strictly limited to the amount of the declared value of the consignment or, in the absence of a declaration of value, to the sum of €5.00 incl. VAT/kg with a maximum of €55.00 incl. VAT. In no event shall the liability of the MBE center exceed these amounts.
Article 7. Payment terms.
Any order for shipping services and additional services to the shipment is payable by the customer to the MBE Center on the day of signature of the contract, by the means of payment indicated in the packing slip.
If payment terms are granted, they may not, under any circumstances, exceed 30 days from the date of issue of the invoice for all services performed by the MBE center. In the absence of payment on time, the customer will be automatically liable for a late payment penalty of an amount equal to the interest rate set at three times the legal interest rate and a fixed compensation for recovery costs of €40.00.
When the recovery costs incurred are higher than the amount of this lump-sum compensation, the MBE center may request additional compensation upon justification.
Article 8. Conventional right of pledge.
The MBE center has a contractual right of pledge carrying a right of retention of general and permanent preference on all the goods and merchandise entrusted to it, as a guarantee of the payment of all sums due to it by the client.
Article 9. Prescription.
All actions for damages arising from the performance of the services provided by the MBE center are subject to a limitation period of one year from the performance of the disputed service and in respect of duties and taxes recovered a posteriori from the notification of the adjustment.
Article 10. Personal data.
Your personal data will be processed in compliance with the applicable regulations on the protection of personal data (resulting in particular from the European Regulation 2016/679 on the Protection of Personal Data which came into force on 25 May 2018).
Information on the processing of your personal data is detailed in the document entitled “Privacy Statement and Request for Consent for the Processing of Personal Data” – attached to these GTC and to be completed and signed by you.
Article 11. Jurisdiction clause.
In the event of a dispute or dispute, only the Commercial Court of Luxembourg will have jurisdiction, even in the event of multiple defendants or third party claims.
Article 12. Final provisions.
French law governs all legal relations between the client and the MBE center. If any of the provisions of these GTC should be held to be invalid or unenforceable for any reason, the remaining provisions of the GTC shall remain valid.
Article 13. Complaints and Mediation.
If you are not satisfied with the response to your request within 21 days of sending your complaint, you may then refer the matter to the Franchise-Consumer Mediation Commission (MFC) whose contact details are as follows :
Franchise-Consumer Mediation
110 Route d’Arlon L-8210 MAMER
General Conditions MAIL BOXES ETC – SarL MBE Luxembourg with a capital of €12,000 – 110 Rte d’Arlon, L-8210 Mamer – RCS B288506
