Entry into force on […]
FacilityLockers is an original solution, whose technology is based on the use of lockers (the “Locker(s)”), allowing users to :
The FacilityLockers solution is owned by TRIBOX EU S.P.R.L. (“TRIBOX”), a Belgian company having its registered office at rue du Serpentin 18 in 1050 Brussels, Belgium, registered with the Crossroad Bank of Enterprises under the number 0537.931.514.
1.1. These General Terms & Conditions apply to all relationships between TRIBOX and any persons (“you” or the “Customer”) using the Website and/or using the Services provided by TRIBOX on the Website.
Save Articles 3.2, 3.4 and 9, these General Terms & Conditions are not applicable to :
Together these are referred to as “External Service(s)” or “External Delivery Service(s)”.
1.2. Any conclusion of a contract with TRIBOX implies that the Customer has read, accepted and committed to comply with these General Terms & Conditions, as published on the Website.
The declaration of acknowledgment and acceptance is validated by the Customer through an electronic confirmation upon signing up on the Website.
Further amendments to the General Terms & Conditions shall be communicated via email (as indicated upon signing up) and shall be deemed accepted if the Website is accessed after receipt of such email.
1.3. Unless expressly agreed otherwise by TRIBOX, no derogations to these General Terms & Conditions will be accepted. All clauses which were not subject to a derogation will remain fully in force.
The Customer’s own general and/or billing conditions will never apply to the contracts concluded with TRIBOX.
2.1. In order to access the Website and to apply for Services and/or to request a delivery to the Lockers, the Customer identifies himself using the identification mode with the password provided on the Website.
The Customer must keep his password secret and commits to inform TRIBOX immediately in the event that his password is lost, disclosed or stolen by third parties.
Any use of the Services, if requested after the valid identification of the password, will be considered as being performed by the Customer.
2.2. The Customer commits to notify TRIBOX immediately of any problem relating to the access and use of the Website.
2.3. For security and/or maintenance reasons, TRIBOX may at any time :
3.1. The Services available to the Customer are listed on the Website.
These Services might either be provided by TRIBOX and its subcontractors, or by independent Suppliers.
The Customer shall only use the Services for personal purposes and not for commercial purposes.
When dropping off items, the Customer commits to always packing items in a suitable way according to their characteristics.
3.2. You expressly agree that the shipper, Supplier and/or anyone who must deliver a parcel to you, has effectively fulfilled his delivery obligation by delivering the parcel to the designated Lockers.
3.3. Specific requirements for the Dry-Cleaning Service:
When making a drop-off, the Customer must:
3.4. Specific requirements for the Delivery Service:
Any unsuitable content is prohibited from storage in the Lockers and shall therefore not be delivered to the Lockers, for example: drugs, dangerous materials, explosive materials, frozen or refrigerated food (in the latter case, when the Locker is not refrigerated or frozen).
4.1. The prices indicated on the Website and the Lockers are merely indicative.
Before confirming the order, the Customer receives an all-included overview of the total price and/or method of pricing.
Before confirming the order, the Customer receives an all-included overview of the total price and/or method of pricing.
Services will only be provided by TRIBOX after payment of said price.
4.2. Prices are expressed in EUR.
They are non-negotiable.
Promotional and/or special discount prices (in any form) are not cumulative.
4.3. The following payment methods are accepted:
The online payments are managed by Stripe company.
In order to guarantee the security of online payments and the confidentiality of the Customer’s personal data, the online transactions will be encrypted by SSL technology.
Your credit card information will not be retained by TRIBOX.
TRIBOX can change and/or extend the payment methods. These modifications and/or extensions will be communicated through the Website.
4.4. Where applicable, any costs connected to the payment method will be clearly communicated to the Customer.
5.1. For the provision of all Services, the Customer may exercise his right of withdrawal within 14 days after the conclusion of the contract (order of Service), without motivation and without penalty, as granted by article VI.47. of the Belgian “Code de droit économique” (here after “CDE”).
However, this right can no longer be exercised if the Service has already been performed (article VI.53. CDE).
For further information, please refer to article VI.47 and following of the CDE.
5.2. In order to properly exercise his right of withdrawal, the Customer must inform TRIBOX of his intention to renounce to the purchase:
TRIBOX shall acknowledge its receipt of this communication.
5.3. Where applicable, and if the Customer has exercised his right of withdrawal properly and in due time, TRIBOX notifies the Customer by email that the goods are available/have been returned for collection by the Customer within 24 hours.
5.4. Where applicable, the price paid by the Customer will be reimbursed by TRIBOX no later than 14 days after receiving the declaration of renouncement.
The reimbursement will be carried out using the same payment method as the initial transaction (mainly transfer to the bank account stated by the Customer on the renouncement form for this purpose).
No costs will be charged to the Customer for this reimbursement.
6.1. The term for the delivery of Services is merely indicative.
The Customer waives any right other than that to withdraw his order up to 14 days after it is placed, by serving a formal notice to TRIBOX in a registered letter, with acknowledgment of receipt;
6.2. Delivery is made at the place selected by the Customer in his application for Services.
6.3. The order remains available for pickup for at least 3 business days, up to a maximum of 7 business days.
During busy periods, TRIBOX reserves the right to withdraw the order from the Locker after 3 business days have gone by, and to store it instead at its storage centre.
The Customer shall always receive a final warning 24 hours before the withdrawal of his order from the Locker.
6.4. After delivery to the Locker, the Customer receives a confirmation that his order is ready for pickup.
A reminder email will be sent after 24 hours, then 72 hours.
A last reminder is sent 5 days after delivery.
6.5. If the Customer fails to make payment and/or collect his items/order and/or confirm his withdrawal of the items/order from the Locker, TRIBOX reserves the right to charge an extra fee of 5 EUR/day, starting 24 hours after the last reminder is sent.
6.6. If the Customer does not contact TRIBOX to pick up the items/order, these become the property of TRIBOX twelve months after their delivery, without any compensation being payable to the Customer.
7.1. TRIBOX’s Customers are requested to inspect the goods immediately after delivery.
7.2. Under penalty of preclusion, all claims regarding defective, damaged or lost items have to be notified by registered letter to TRIBOX EU, 18 Rue du Serpentin 1050 Bruxelles or via email to info@FacilityLockers.be, within 10 days of the collection of the items/parcel by the Customer.
7.3. Concerning the Dry-Cleaning Service, if clothes are worn (after having been collected from the Locker), no complaints are admissible unless the defect was not detectable until the clothing was worn.
8.1. At TRIBOX’s request, the Customer must return the defective/damaged item to TRIBOX for expert review, and TRIBOX will acknowledge its receipt.
If a Customer's complaint regarding a damaged item is admissible and justified, TRIBOX will first try to repair it. In case it cannot be repaired, TRIBOX shall pay a compensation for the article.
8.2. Items are considered effectively lost 15 days after their loss is reported to TRIBOX.
9.1. TRIBOX waives any liability for Services provided directly by independent Suppliers expressly identified on the Website, as well as External Services and/or External Delivery Services.
The above contractual relationships are ruled by the terms and conditions of the independent Suppliers or the other websites.
9.2. TRIBOX waives any liability in case of force majeure, fortuitous event or any event beyond its control, such as theft, Customer behaviour contrary to these General Terms & Conditions, labour disputes, supplier delivery delays, shortages of materials or transport, wars, riots, fires, natural disasters, weather problems, serious road accidents during transport, serious illness or unexpected death of the Suppliers’ staff, when they result in a delay or preclude the execution of the Service.
TRIBOX is presumed to be in one of those cases of exemption; it will not have to prove the unpredictability or the irresistibility of the event, nor its inability to perform its obligations.
Unless by mandatory legal provision, TRIBOX is under no obligation to compensate damage arising from a case of force majeure, whatever the nature of the damage, direct or indirect, foreseeable or unforeseeable.
TRIBOX shall communicate the existence of the force majeure to the Customer as soon as possible.
9.3. Except in the case of fraud or gross negligence, any liability is limited to :
TRIBOX shall not under any circumstances whatsoever be liable for indirect or consequential loss, nor for the consequences of delay or deviation, however caused.
10.1. The Customer expressly acknowledges that the intellectual rights concerning the name, all transmitted information, all pictures, all communications or other expressions concerning the Services and/or the Website are and remain the exclusive property of TRIBOX, its Suppliers or other holders of rights. Intellectual property rights include patents, brand rights, copyright, design and models and other intellectual property rights such as technical and/or commercial know-how, methods and concepts.
10.2. Nothing in the General Terms & Conditions, nor any act of copying and/or downloading information, can be considered as a partial or complete transfer of the intellectual property of TRIBOX to a third party or to the Customer. The Customer shall not infringe the intellectual property rights of TRIBOX. The Customer is allowed to copy or to download his own data or the information which is his exclusive property, provided that he does not alter any copyright or restriction of liability clause or any other provision.
11.1. TRIBOX can modify the present General Terms & Conditions, the prices on the Website, the Services line and its offers at any time and will notify the Customer of these changes on the Website. These changes are applicable as soon as they are published on the Website. The use of the Website or the access to a terminal after the publication of the modification of the General Terms & Conditions signifies the acceptance of this modified version of the General Terms & Conditions.
The Customer is requested to consult the General Terms & Conditions regularly.
12.1. When a conflict relating to the interpretation and/or the fulfillment of the contract and the present General Terms & Conditions arises, the Customer must contact one of TRIBOX’s representatives as soon as possible (see ‘contact’ section on the Website).TRIBOX will do its utmost to address the problems, claims and observations of the Customer in a constructive manner, but always with reference to the General Terms & Conditions. TRIBOX will not tolerate any form of intimidation, defamation, threat, unreasonable behavior, offense or unfounded incrimination aimed at TRIBOX or one of TRIBOX’s representatives. This behavior will result directly in the line of communication being handed over to our specialized legal team.
12.2. If TRIBOX and the Customer cannot reach an agreement on the repair, replacement, or compensation with respect to an item after a period of two months, they shall bring the dispute either before the relevant Consumer Arbitration Commission (for example, CACET asbl) or before the ordinary courts.
Once the Arbitration Commission has been chosen, the ensuing decision shall be binding and without appeal in accordance with the clauses of the Judicial Code (article 1676 and following).
All procedures before the Arbitration Commission must be brought in accordance with the Commission’s regulations.
If the parties bring the disputes before the ordinary courts, only the Courts of the judicial district of Brussels are authorized, as far as legally admissible. These Courts will have exclusive jurisdiction for all issues, conflicts and disputes concerning the validity, the interpretation, the enforcement or the termination of the contract between the parties. The language used for legal disputes will be French. In order to facilitate the communication with the other party, TRIBOX may decide - at its own discretion - to use the English language, but this is never to be considered as an obligation.
12.3. All issues, questions and disputes concerning the validity, the interpretation, the enforcement or the termination of the contract between the parties shall only be governed and construed by Belgian law. No effect shall be given to any other choice of law or to any conflict-of-law rules or provisions (Belgian, foreign or international) that would result in the appliance of another law or of the Vienna convention concerning international sales.
13.1. The provisions contained in each article of these General Terms & Conditions shall be enforceable independently of each of the others, and their validity shall not be affected if any of the others is deemed invalid. If any of these provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modifications as may be necessary to make it valid.
If a provision is found to be lacking in these General Terms & Conditions, the parties will refer to the procedures in force in the remote sales sector whose companies have headquarters in Belgium.
14.1. Between [*] and [*] the following terms and conditions were applicable: [*]