TERMS AND CONDITIONS

Last updated on 31st March 2025 (Version 6.3)

1. Definitions

The following terms have the meaning set out below in the Terms and Conditions when written with a capital letter.

• "Listing": refers to the proposal published on the Platform by a Poster or a Partner with a view to carrying out a Transport.
• "Poster": refers, where applicable, to the Merchant or the Individual who uses the Platform to send or receive a Good.
• "Application": refers to the mobile application published by Cocolis, available on iOS and Android.
• "Good": refers to a good moved or transported as part of a Transport. The list of Goods that cannot be the subject of a Transport is set out in Annex 1.
• "Cocolis": refers to the company Cocolis SAS, registered in the trade and companies register of Dijon under number 813 144 797, which operates the Platform available at https://www.cocolis.fr and which has created the database accessible through the Platform.
• "Merchant": refers to any person using the Platform to send Goods as part of their usual commercial activity.
• "Account": refers to the dedicated and individualised digital space of a User on the Platform.
• "Co-transporter": refers to an Individual who uses the Platform to transport a Good as part of a journey they make on their own account and on a non-commercial basis, except for cost sharing.
• "Connection fees": refers to the connection fees due to Cocolis by the Poster or by a Partner.
• "Partner": refers to any person who has signed a contract for the provision of APIs operated by Cocolis and publishing Listings labelled under their name.
• "Individual": refers to any person not acting in a professional capacity and using the Platform to send or transport a Good.
• "Platform": refers to the digital connection platform operated by Cocolis and accessible from the Site or the Application.
• "Booking": refers to the confirmation of the conditions of a Transport.
• "Journey": refers to information relating to a specific journey published by a Co-transporter or a Transporter on the Platform with a view to carrying out a Transport.
• "Transport": refers, where applicable, to the movement of a Good carried out by a Co-transporter or a transport service carried out by a Transporter.
• "Transporter": refers to any person acting in a professional capacity and using the Platform to transport Goods for payment.
• "User": refers, where applicable, to a Merchant, an Individual, a Transporter, a Partner and/or any person using the Platform, whether or not they have an Account.
• "Site": refers to the website www.cocolis.fr as well as all its subdomains.

Unless required by the context, terms and definitions in the singular include the plural and vice versa.

2. PURPOSE

The purpose of the Terms and Conditions is to define the terms of access and use of the Platform, as well as to define the rights and obligations of Users in connection with the use of the Platform.

The purpose of the Platform is to connect:

• Individuals or Merchants with Co-transporters, in order to carry out Transport on a non-professional and non-commercial basis, except for cost sharing, as part of a journey made on their own account; and
• Individuals or Merchants with Transporters in order to carry out Transport on a professional and commercial basis.

The Terms and Conditions do not govern the contractual relationship formed between Users in respect of a Transport. In its capacity as an online platform operator, Cocolis assumes no obligation or responsibility in respect of contractual relationships formed between Users, Cocolis's role being limited to operating the Platform and creating and maintaining the database it contains.

3. REGISTRATION, ACCEPTANCE AND MODIFICATION OF THE TERMS AND CONDITIONS

3.1. Registration and Acceptance of the Terms and Conditions

Any natural or legal person wishing to register on the Platform may register through the Site or the Application, either by choosing to provide an email or telephone number and password, or by choosing to connect through a third-party application.

When creating the Account, the prospective User undertakes to read the Terms and Conditions and to accept them by ticking the corresponding box appearing on the Platform at the time of Account creation.

The User guarantees to Cocolis that the natural person responsible for creating the Account is of age, has the power and legal capacity to create the Account on behalf of the User and that the information provided is accurate. In particular, the User undertakes to choose the category of User that is actually applicable to their activity and/or the use they intend to make of the Platform (Merchant, Individual or Transporter).

3.2. Access to Platform functionalities

Creating an Account does not give access to all Platform functionalities. The User understands and accepts that access to all Platform functionalities and their full use is subject to providing the required documents, according to the category of User to which they belong.

In particular, the use of the Platform and receipt of payments as a Transporter is notably subject to providing all documents required by the legal framework applicable to goods transport and anti-money laundering rules, which notably includes the transport licence and goods transport insurance certificate, as well as, for commercial companies, identity document of the manager of the registered legal entity, a Kbis extract less than 3 months old, the company statutes of the Transporter and the declaration of beneficial owners.

Regarding documents required by our payment service provider in the context of anti-money laundering and fraud prevention, the list of documents required by User category is available at this address:

https://docs.mangopay.com/guide/kyc-further-information#france

Each User undertakes to provide the required documents and to keep these documents up to date and their situation in order as long as they use the Platform.

3.3. Evolution and modification of the Terms and Conditions

To improve its operation and quality and due to the constant evolution of the digital sector, Cocolis regularly evolves the characteristics and functionalities of the Platform. Thus, Cocolis is notably likely to add, remove or replace certain functionalities at any time and the Platform is updated regularly automatically.

The User is informed of substantial modifications to the Terms and Conditions within a minimum period of 15 days before the new version of the Terms and Conditions comes into force. This period may vary depending on the extent of the modifications and their substantial nature.

During this period, any User may terminate the Terms and Conditions by any means (for example, by sending an email expressing their wish to no longer use the Platform), subject, for each User, to completing ongoing Transports or honouring any commitment for which the User would have given their agreement before termination.

4. ACCESS, USE AND SECURITY OF THE ACCOUNT

Access and use of the Platform is exclusively reserved for Users who have accepted the Terms and Conditions. Each User understands and accepts that they are responsible for access as well as use of their Account and must make personal use of it.

Except for technical failure attributable to Cocolis or force majeure, each User is responsible for the confidentiality and security of their connection data and payment data.

It is strongly recommended that the User change their password at regular intervals, through their Account, and use a secure password, avoiding easily identifiable combinations. Cocolis may impose an expiry date for the User's password beyond which they will be invited to modify their password.

If they have reason to believe that their connection data (in particular, their username or password) or payment data has been lost, stolen, misappropriated or compromised in any way, or in case of unauthorised use of their Account, the User must immediately notify Cocolis by email at [email protected]. In the absence of such notification, any use of the Account or Platform is deemed to have been made by the User.

In such a situation and/or in the presence of a potential or proven threat to the security or confidentiality of the Account and associated data, particularly payment data, the User authorises Cocolis to take all appropriate measures to prevent any unauthorised access to the Account (for example, reset the password and username, block ongoing and/or subsequent payment operations or suspend access to the Account).

5. PLATFORM OPERATION

5.1. Posting a Listing or Journey

The Poster may post a Listing by providing the information required by the Platform, including information relating to the characteristics of the Good as well as the maximum budget they intend to pay for the Transport. The Poster is free to set the maximum budget of their choice. The Poster undertakes to provide accurate and error-free information (particularly regarding the weight and dimensions of the Good) in order to optimise the operation of the Platform.

Transporters or Co-transporters may post Journeys by providing the information required by the Platform, including their type of vehicle as well as their transport capacity. The Transporter or Co-transporter undertakes to provide accurate and error-free information about the Journey (particularly regarding transport capacity) in order to facilitate the connection enabled by the Platform technology.

Once the Listing is published, the Poster may receive Transport offers from Transporters or Co-transporters and has access to Journeys corresponding to the Listing through their Account. The Poster understands and accepts that Transport offers may appear and come from professionals or non-professionals, which is indicated on the Platform (for example, by affixing the "PRO" symbol on the Transporter's profile).

5.2. Connection

Following the posting of a Listing or Journey, Users may use the Platform functionalities to negotiate and set the conditions of the Transport.

In the case of a prepaid Listing, Co-transporters or Transporters may make Transport proposals including a collection time slot and a delivery time slot.

The proposed collection time slot is communicated to the person designated by the Poster as sender (departure point). The sender has a maximum period, communicated by email, to accept or refuse the time slot. If they do not respond within this period, the time slot is considered refused. The sender is entitled to a maximum of five (5) successive refusals.

If the time slot is accepted, the proposed delivery time slot is then communicated to the recipient, who follows the same acceptance or refusal process, with the same time limit. If the time slot is not accepted or refused within the time limit, it is also considered refused. The recipient also has a maximum of five (5) successive refusals.

This procedure ensures service flexibility whilst avoiding blocking Transporters and Co-transporters for an excessive duration.

In accordance with Consumer Code requirements, the Transporter has relevant functionalities to make their contractual conditions available to the Poster.

In accordance with the legal and tax framework for parcel co-transport, the Co-transporter undertakes to negotiate and set an amount compatible with the notion of cost sharing.

Prices appearing on the Platform (for example, when a budget is set by a Poster or in the negotiation module between Users) are inclusive of all taxes and include Connection fees, details of which appear at the time of payment.

5.3. Booking

Once the Transport conditions have been negotiated between the Poster and the Transporter or Co-transporter or at the time of publishing the Listing in the case of a prepaid Listing, the Poster confirms the Booking by making an online payment.

Payment confirmation obtained from the Poster's bank constitutes confirmation of the Booking and commitment by each User to comply with the conditions freely agreed for the Transport.

5.4. Transport Cancellation

Cancellation attributable to a Transporter or Co-transporter

In case of cancellation attributable to a Transporter or Co-transporter (for example, if the Transporter or Co-transporter cancels a journey or does not show up at the meeting point), the Poster is refunded the total amount paid for the Transport and Connection fees.

In case of repeated cancellations or unjustified cancellations by a Transporter or Co-transporter, Cocolis will apply penalties equal to the Connection fees corresponding to the relevant Booking.

Repeated cancellations or unjustified cancellations by a Transporter or Co-transporter may also result in suspension of access to the platform or termination of the Terms and Conditions under the conditions provided for in articles 10.2 and following.

Cancellation attributable to a Poster

In case of cancellation attributable to a Poster:

• If the cancellation occurs due to the Poster, more than 24 hours before the Transport date as indicated in the Booking or less than 2 hours after the Booking, the Poster is refunded the total amount paid for the Transport. Connection fees remain acquired by Cocolis and the Transporter or Co-transporter receives no amount.
• If the cancellation occurs due to the Poster, less than 24 hours or 24 hours before the Transport date as indicated in the Booking, the Poster is refunded half of the amounts paid for the Transport during the Booking. Connection fees remain acquired by Cocolis and the Transporter or Co-transporter receives 50% of the amounts paid.
• If the Poster cancels after the scheduled Transport date or does not show up at the meeting place within 30 minutes, the Transporter or Co-transporter may be compensated up to the amounts paid for the Transport as part of the Booking and Cocolis will retain the Connection fees.

If the Transport cannot be carried out or causes additional costs due to a non-compliant Listing (for example, if the Good subject to Transport does not correspond to the specifications in the Listing) or particular circumstances (for example, if the Good's packaging is insufficient, if the person handing over the Good does not respond or if the shop holding the Good is closed) Users are invited to contact Cocolis customer service.

In the case of a prepaid Listing, if the number of refusals of time slots by the sender or recipient reaches the limit of five (5) refusals, the Listing is automatically cancelled and deleted. The Poster is then refunded the total amount paid for the Transport. Connection fees paid by the Poster or Partner remain acquired by Cocolis and the Transporter or Co-transporter receives no amount.

5.5. Transport Confirmation

Once the Transport has been carried out, Users use the functionalities offered by the Platform to confirm its proper execution.

The amounts due are then transferred in accordance with the payment terms and financial flow operation specified below.

If a Transport is not confirmed more than 10 (ten) months after the Booking date, it is considered as not carried out. The corresponding Listing is cancelled and deleted and the Poster is refunded the total amount paid for the Transport. Connection fees remain acquired by Cocolis and the Transporter or Co-transporter receives no amount.

5.6. Main parameters determining the ranking of Listings and Journeys

Listings and Journeys are published and ranked in chronological order, from most recent (at the top) to least recent.

5.7. Database

Users understand and accept that data created by their interactions with other Users and Cocolis in the context of using the Platform are integrated into the database created by Cocolis and reproduced on Partners' digital media.

6. PAYMENTS AND FINANCIAL CONDITIONS

6.1. Management of financial flows on the Platform

For managing payments between Users and collecting Connection fees, Cocolis uses the services of payment service provider Mangopay, which manages the various payments as well as financial flows, thus transferring amounts due to each User and Cocolis in the context of Platform operation and in accordance with the Terms and Conditions. Cocolis does not handle and never has possession of funds paid and/or owed to Users, except for Connection fees that belong to it.

Users' banking and payment information passes directly through Mangopay's banking servers and is subject to a security system. Mangopay uses SSL (Secure Socket Layer) protocol to encrypt credit card details. No bank card number is thus stored on Cocolis's computer servers.

By using the Platform and using Mangopay's payment services, Users undertake to read and accept Mangopay's payment services framework contract accessible at the following address: https://mangopay.com/terms/payment-services/2024/payment-services_EN_2024-11.pdf.

After a period of five (5) years, any amount that a Co-transporter or Transporter has not claimed, from the date it appeared on their Account through payment service provider Mangopay, will be deemed to be the property of Cocolis.

Our financial partner FLOA offers a payment solution for your deliveries in 4 instalments by bank card. This payment solution is reserved for individuals (adult natural persons) residing in France, holders of a Visa or MasterCard bank card with a validity date corresponding to the repayment duration. FLOA, RCS Bordeaux 434 130 423, whose registered office is located at Immeuble G7 – 71 Rue Lucien Faure in Bordeaux (33300) subject to the control of the Prudential Control and Resolution Authority (ACPR) 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09 and registered with ORIAS under number 07 028 160 (www.orias.fr).

FLOA reserves the right to accept or refuse your financing request; you have a legal cooling-off period of 14 days. To find out more: General conditions for "payment in several instalments"

We draw your attention to the fact that if you request to pay for your delivery using this payment solution, your personal data will be transmitted to FLOA Bank for the purposes of studying your financing request, managing your credit contract and, where applicable, recovery. For more information: FLOA BANK Privacy Policy - FLOA Bank

6.2. Cocolis remuneration

In return for connection services and all functionalities offered by the Platform, Cocolis receives Connection fees, amounting to 15% to 40% excluding tax of the Transport amount, increased by 20% VAT.

7. COCOLIS COMMITMENTS

7.1. Platform availability

Cocolis undertakes to operate the Platform and make it available to Users as well as to make its best efforts to ensure its accessibility and proper functioning.

To this end, Cocolis undertakes that the Platform be accessible 24/7, except in cases of force majeure or unpredictable and insurmountable behaviour by a third party, and subject to any breakdowns and maintenance and update interventions necessary for the proper functioning of the Platform. Due to the specificities of the Internet and telecommunications networks, Cocolis cannot guarantee permanent availability of the Platform.

In case of malfunction or anomaly disrupting the proper functioning of the Platform, Cocolis undertakes to make its best efforts to restore the situation.

7.2. Connection

In accordance with its status as an online Platform operator, Cocolis undertakes to display Listings and Journeys whose conditions and characteristics correspond, and to facilitate negotiation of Transport conditions by making available the negotiation module offered to Users.

Users understand and accept however that Cocolis cannot guarantee to Posters that a Transporter or Co-transporter will systematically be able to carry out a Transport on their behalf.

Similarly, Cocolis cannot guarantee to Transporters and Co-transporters that Listings will systematically correspond to the Journeys they publish or that they will systematically find Transports to meet the needs of their activity or travel.

8. COCOLIS LIABILITY

Users acknowledge and accept that Cocolis's liability is limited to its role as an online platform operator.

Without prejudice to insurance offered in the context of using the Platform, Cocolis's liability may under no circumstances be engaged for causes external to it, and particularly in the following cases:

• any direct or indirect damage suffered by a User or third party during execution of a Transport or in connection with it, since in its capacity as platform operator, Cocolis is not party to the transport contract and is not responsible for its execution;
• when a User does not honour a Booking;
• when a User provides inaccurate information in their Account and on the Platform;
• when a User violates a provision of the Terms and Conditions;
• billing of customs duties to a User;
• in case of damage caused by a third party;
• in case of force majeure.

Furthermore, Cocolis may under no circumstances be held liable for the consequences of fraudulent use of a User's identifiers, except for technical failure attributable to Cocolis, as well as any prejudice linked to providing erroneous personal information in an Account.

In any event, Cocolis's liability is limited to direct damages and may not exceed, for any reason whatsoever and whatever the legal basis invoked or retained, all prejudices combined and cumulated, the price of the Transport in connection with the damage.

Finally, Cocolis makes available on the Site a Frequently Asked Questions (FAQ) for Users. The User understands and accepts that Cocolis does not guarantee that the information contained therein is up to date with current legislation and/or professional practices. The Site and/or Application may contain links to third-party websites. Linked sites are not under Cocolis's control, which is not responsible for the contents of these linked sites. The FAQ is made available for purely indicative purposes and cannot replace consultation of official sources (legal texts, official administration information). The User expressly acknowledges that Cocolis's liability cannot be engaged regarding information disseminated in the FAQ.

9. USER COMMITMENTS

9.1. Commitments common to Users

Users undertake notably to:

• not use the Platform for illicit or illegal purposes;
• respect laws and regulations in force and not harm public order, good morals or third-party rights, and not infringe any legislative or regulatory provision;
• comply with customs legislation and bear any customs duties they may owe;
• not communicate their personal details or contact other Users without using the Platform and whose details they would have learned thanks to it;
• implement all measures likely to ensure security and confidentiality of connection data and payment data;
• be of age and have the capacity to contract with Cocolis and other Users;
• not use the platform for transporting objects listed in Annex 1;
• carry out Transports in accordance with agreed conditions and not cancel a confirmed Booking;
• provide Cocolis with all information necessary for proper Platform functioning;
• provide sincere, accurate and error-free information when creating the Account, maintain this information up to date throughout Platform use and publish content meeting the same requirements;
• use the Platform in accordance with its purpose and object, and make loyal use of it;
• not advertise competing services;
• have a correct, polite and professional attitude in the context of Platform use and during interactions with other Users; and
• not create false accounts or under a false identity, make personal use of the Account and not transfer or assign it to a third party.

Users understand and accept that strictly prohibited is any behaviour likely to interrupt, suspend, slow down or prevent Platform continuity; publication of illicit content (for example, pornographic content or content violating intellectual property rights); any intrusion or attempted intrusion into Cocolis's computer systems; any action likely to impose a disproportionate burden on Cocolis's digital infrastructure; any breach of security and authentication measures; any act likely to harm Cocolis's financial, commercial or moral rights and interests; any copying and/or misappropriation of the Site, Application and/or Cocolis's digital infrastructure; more generally any practice diverting the Platform for purposes other than those for which it was designed.

The User is responsible for their use of the Platform, such that they answer for any prejudice they are likely to cause due to their behaviour and inaccurate, incomplete, and/or misleading information they would provide during registration, during Platform use or in the absence of updating this information, the consequences of which they assume alone.

9.2. Poster commitments

Posters undertake notably to:

• publish Listings relating to Goods whose Transport is authorised on Cocolis (the list of objects that cannot be the subject of Transport is provided in the Annex);
• pay the Transport cost including Connection fees following instructions on the Platform and provide a functional payment method;
• ensure Good packaging allowing proper Transport execution;
• ensure, in case of Transport involving a foreign country, proper payment of related customs duties or agree on this subject with the Good recipient;
• not communicate their personal details or not contact a Transporter or Co-transporter without using Platform functionalities;
• take a photo of the Good at departure or arrival of Transport depending on whether the Poster is sender or recipient thereof.

9.3. Co-transporter commitments

The Co-transporter undertakes notably to:

• carry out any Transport in accordance with the legal framework applicable to parcel co-transport (particularly article L.3232-1 of the Transport Code), that is notably by carrying out travel on a non-commercial basis, except for cost sharing, as part of travel that the Co-transporter carries out on their own account;
• refrain from developing professional, habitual or commercial activity via the Platform;
• carry out any Transport in accordance with the tax framework applicable to parcel co-transport, that is, notably: by not exceeding the annual ceiling of amounts received for cost sharing set by regulatory authority; by respecting the notion of cost sharing as understood by the tax administration regarding the amount received in return for a Transport, by respecting and referring to tax instruction BOI-IR-BASE-10-10-10-10 accessible at the following address: https://bofip.impots.gouv.fr/bofip/1322-PGP.html/identifiant=BOI-IR-BASE-10-10-10-10-20161128
• not communicate their personal details or contact a Poster without using Platform functionalities;
• take a photo of the Good at departure and arrival of Transport.

9.4. Transporter commitments

Transporters undertake notably to:

• have the legal and tax status necessary to exercise their activity when they use the Platform;
• not be bound by an obligation of loyalty, non-competition or exclusivity or any other contractual obligation preventing use of the Platform;
• provide (authentic) documents necessary to exercise their activity and keep these documents up to date;
• provide contractual conditions applicable to Transport services provided to Posters, notably by using the dedicated functionality on the Platform;
• respect laws and regulations in force applicable to their contractual relationship with a Poster, particularly information and consumer protection rules, where applicable;
• not contact a Poster without using Platform functionalities;
• take a photo of the good at Transport departure.

9.5. Partner commitments

The Partner expressly undertakes to:

• bear the financial burden of Connection fees due to Cocolis in return for Platform use by Users who fall under the Partner;
• ensure that financial flows pass as diligently as possible, notably via electronic money accounts to which they would have recourse, so that amounts due are paid.

10. DURATION, SUSPENSION AND TERMINATION

10.1. Duration

The Terms and Conditions are concluded for an indefinite period from Account creation.

The Terms and Conditions remain in force as long as a User uses or has access to the Platform.

10.2. Suspension of Platform access

When a User has failed to meet one of their commitments under the Terms and Conditions, Cocolis may temporarily suspend without notice access to the Platform or certain of its functionalities, notably in the following cases:

Any suspension of Platform access for a Transporter is preceded by a statement of reasons, unless the suspension is motivated by a legal obligation or if the Transporter has repeatedly breached the Terms and Conditions.

After an investigation period during which Cocolis will ensure, where applicable, the veracity of alleged breaches, access to all Platform functionalities may be restored, or the Terms and Conditions may be terminated.

The Transporter is enabled to clarify the facts at the origin of the suspension.

10.3. Termination with respect for a notice period

Cocolis and Users are free to terminate the Terms and Conditions at any time and without having to justify any reason by sending an email or letter, with acknowledgment of receipt, subject to a notice period that varies according to the duration of the contractual relationship:

• during the first year of contractual relationship, 1 month;
• between the first year and second year of contractual relationship, 2 months;
• between the second and third year of contractual relationship, 3 months;
• and so on.

10.4. Termination without notice and without formal notice

In case of serious breach of one of the Terms and Conditions provisions, Cocolis and Users may terminate the Terms and Conditions without notice and without prior formal notice.

For example, considered as a serious breach resulting in automatic termination of the Terms and Conditions, without this list being exhaustive:

For the User:

• failing to meet several commitments in the Terms and Conditions;
• multiple Booking cancellations reflecting the User's bad faith and/or absence of will to use the Platform in accordance with its purpose;
• repeated conflictual interactions with other Users, online or physically in the context of handing over or receiving a Good (for example, insults or physical aggression);
• for a Co-transporter, using the Platform for commercial purposes or by developing activity exceeding the legal and tax framework of parcel co-transport within the meaning of the Transport Code, General Tax Code or any regulatory provision or tax instruction;
• providing false documents or using the Platform for illicit purposes;
• repeated payment incidents.

For Cocolis:

• repeated technical malfunctions preventing proper Platform use by Users;
• incidents in managing financial flows on the Platform by Cocolis's payment service provider.

10.5. Effects of termination/suspension

Termination or suspension of the Terms and Conditions results in interruption of access to the Account and Platform.

In case of Terms and Conditions suspension, the User may connect to their Account and modify their personal information but will only have access to limited Platform functionalities and may not, in particular, post Listings or Journeys, nor receive or make transfers or payments.

11. AUTONOMY AND INDEPENDENCE

Transporters and Cocolis exercise their activity in total autonomy and independence, each bearing the risks of their activity.

As an independent transport professional, the Transporter is free to use the Platform as much as they wish. When they receive a Transport offer or access Listings, the Transporter is free to accept them, refuse them or not follow up. Similarly, the Transporter is not subject to any obligation to publish a minimum number of Journeys over a given period.

Transporters are not subject to any exclusivity obligation vis-à-vis Cocolis and Cocolis does not guarantee any minimum activity. The Transporter is free to use other platforms, develop their activity by any other means or provide services to their own clients.

12. TAX AND SOCIAL OBLIGATIONS

The User is informed that using the Platform may generate legal, tax, social and administrative obligations which each must fulfil under applicable rules.

The User is solely responsible for all declarations and formalities necessary for their activity and must satisfy all obligations incumbent upon them where applicable under the legislation on which they depend, and notably payment of contributions and social contributions due by independent workers and payment of VAT, where applicable.

In accordance with obligations incumbent upon it as an online platform operator, Cocolis invites Users to enquire with the relevant administrations, notably by following the links below:

• for taxes: www.impots.gouv.fr/portail/node/10841
• for social obligations: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

13. INSURANCE

Cocolis wished to be able to offer its Users, via its platform, an affinity insurance programme covering, in case of risk of damage, transported goods, subject to payment of a single premium.

The insurance contracts of this programme have been subscribed:

• by Cocolis, registered with ORIAS under number 20002332 - www.orias.fr,
• through Verspieren, insurance broker - SA with board of directors with capital of €1,000,000 - 1 avenue François Mitterrand - 59290 Wasquehal - Siren number 321502049 - RCS Lille Métropole - ORIAS number 07001542 - www.orias.fr - Activity exercised under ACPR control, 4 place de Budapest CS 92459 - 75436 Paris Cedex 09,
• With Mutuaide - Mutuaide assistance, 126 rue de la Piazza - CS 20010 – 93196 Noisy le Grand CEDEX. SA with capital of €12,558,240 - Company governed by the Insurance Code - 383 974 086 RCS Bobigny – VAT FR 31 383 974 086).

Information on insurance is available in Cocolis's Frequently Asked Questions accessible at the following address: https://aide.cocolis.fr/article/258-comment-assurer-mon-bien-avec-mutuaide.

13.1. Optional insurance (excluding transports referred to in 13.2)

Cocolis allows Users to subscribe directly to insurance offered by Mutuaide offering protection capped at 150, 250, 500, 1000, 2000, 2500, 3000, 3500, 4000, 4500 or 5000 euros in case of damage to a Good during Transport.

Cocolis receives commission in return for distributing the optional insurance solution offered.

The application conditions of optional insurance are described in information notice no. 9098 accessible at the following address:

IPID, FIC and information notice no. 9098 of optional insurance

13.2. Insurance included for each Transport selected with a Partner

Cocolis Partners have the possibility to offer their clients Cocolis delivery with insurance included.

If the Partner's client chooses Cocolis Transport, they contract directly with Cocolis regarding delivery of the object, by accepting Cocolis's general conditions as well as the insurance contract.

The application conditions of insurance are described in information notice no. 9100 accessible at the following address:

Information notice no. 9100 of insurance included for Transports selected with a Partner.

13.3. Various provisions

In case of claim, the User is invited to contact Cocolis at the following address: [email protected]

Users are informed that amounts paid in return for Transport are not refunded when insurance is implemented in case of claim.

14. INTELLECTUAL PROPERTY

14.1. Cocolis intellectual property

The Site, Application and more broadly the Platform taken as a whole, as well as each of the elements that compose it taken independently, notably specific programmes and developments, APIs, content including data, texts, fixed or animated images, logos, sounds, graphics, files, are the exclusive property of Cocolis and are protected by copyright. Any total or partial representation of the Site, Application, Platform or one of the elements that compose them, without express authorisation from Cocolis is prohibited and would constitute counterfeiting sanctioned by articles L.335-2 and following of the Intellectual Property Code.

The databases included in the Platform and accessible through the Application and Site are protected by the Intellectual Property Code and Cocolis is the producer as well as the author. Any qualitatively or quantitatively substantial extraction or reuse of database content without express and prior authorisation from Cocolis is expressly prohibited.

The trademarks and logos appearing on the Platform, Site or Application are trademarks registered by Cocolis. Any reproduction, imitation or use, total or partial, of these distinctive signs without express authorisation and in violation of prohibitions provided for in articles L.713-2 and following of the Intellectual Property Code engages the liability of their author.

Other distinctive signs, notably corporate names, trade names, signs, domain names reproduced on the site are the property of Cocolis and any reproduction without express authorisation is likely to constitute usurpation engaging the liability of its author on the basis of article 1240 of the Civil Code.

14.2. Content published by Users

Content published by Users belongs to them.

By publishing content (e.g.: by publishing a Listing) on the Platform, the User grants Cocolis a non-exclusive, transferable, sub-licensable exploitation right, in return for Platform use, for the whole world on (i) all content published by the User and notably on photographs, texts, videos, illustrations, trademarks, logos, titles, as they are published on the Site or Application as well (ii) as a licence on all intellectual property rights relating to this content and notably on any copyright and relating to elements used in a Listing, such as photographs, texts, videos, drawings, illustrations, sound elements, and this for the entire legal duration of their intellectual property rights and for the whole world.

The rights thus granted include the right to reproduce, represent, extract, reuse, disseminate, exploit, adapt, modify, create a derivative work, translate all or part of the User's content by all processes, in any form whatsoever and on all media (including digital, such as on the Internet or in the context of API use and on physical media, such as commercial documents, etc.) known or unknown to date, in the context of Platform use or in relation to Cocolis's activity, and this for commercial or non-commercial purposes and notably advertising, as well as in the context of dissemination on social networks on which Cocolis is present and notably Cocolis's Facebook, Instagram and Twitter pages.

In particular, photographs and Listing content may be reproduced and integrated into advertising formats disseminated on the Site and Application. The User thus grants their consent to the reproduction of content they publish on social networks, notably Facebook, Instagram and Twitter.

Under this licence and having regard to Cocolis's rights in this context, Cocolis may oppose, without this creating an obligation to act on its part, the reproduction and exploitation by unauthorised third parties of content published on the Platform.

15. DATA

15.1. Personal data

Cocolis undertakes to respect regulations in force on processing personal data and in particular regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 and law no. 78-17 of 6 January 1978 relating to computing, files and freedoms in its current version.

The principles relating to processing personal data on the Platform are described in the privacy policy available at the following address: https://www.cocolis.fr/charte-de-confidentialite

15.2. Data access

Transporters have access to reviews left by other Users on the Platform.

Transporters do not have access to other data generated in the context of their activity on the Platform or to data generated by other Users.

16. MISCELLANEOUS

16.1. Assignment of Terms and Conditions

Users authorise Cocolis to assign all its rights and obligations under its contractual relationships with Users to any third party and without their prior agreement.

In particular, in case of merger by creation of a new company, contribution, merger-absorption, division or any change of control affecting Cocolis, contractual relationships will continue without it being necessary for Cocolis to inform or obtain User consent.

16.2. Non-waiver

The fact that Users or Cocolis do not require application of a Terms and Conditions provision, whether permanently or temporarily, is not considered as waiver of rights arising from this provision.

16.3. Entirety

The Terms and Conditions provisions express the entirety of the agreement between Users and Cocolis. They prevail over any proposal, exchange of prior and subsequent letters to conclusion of the present and over any other provision exchanged between the parties relating to the object.

In particular, the frequently asked questions available on the Site are not part of the Terms and Conditions and their content does not bind Cocolis.

16.4. Nullity

In the event that one of the Terms and Conditions clauses is declared null or void by a change in legislation, regulation or by court decision, this shall under no circumstances affect the validity of other clauses and compliance with the Terms and Conditions, unless the clause declared null or void has an essential character, modifies the interdependence of certain provisions or modifies the general economy of the Terms and Conditions.

Where applicable, the contentious clause will be deleted and replaced by a lawful clause.

17. DISPUTE RESOLUTION AND MEDIATION FOR NON-PROFESSIONAL USERS

17.1. Dispute resolution between Users

In case of dispute between Users, they undertake to seek an amicable resolution method.

Cocolis's status being limited to its role as online platform operator, it is recalled that its liability cannot be sought in case of dispute relating to Transport execution.

However, in case of dispute between Users, Cocolis may play an intermediation role for the purposes of reaching amicable dispute resolution, without Cocolis having any obligation, of means or result, in this regard and not taking any particular commitment.

For any complaint, the User may contact Cocolis by email at the following address: [email protected]

17.2. Dispute resolution between Individuals and Cocolis - Mediation

For disputes between Cocolis and an Individual relating to the Terms and Conditions, the Individual undertakes before any other action to attempt to resolve their dispute directly with Cocolis, by a written complaint to be addressed to Cocolis at the following email address: [email protected].

The Individual who has not managed to resolve their dispute with Cocolis is eligible for a mediation system, within one year from first contact with Cocolis customer service.

The Individual may contact the Mobilians mediator by completing the referral form online at the following address: https://www.mediateur-mobilians.fr/

In case of cross-border dispute, the Customer may use the online dispute resolution service offered by the European Commission accessible at the following address: https://webgate.ec.europa.eu/odr/.

18. APPLICABLE LAW AND COMPETENT JURISDICTION

18.1. Applicable law

The Terms and Conditions are governed and interpreted in accordance with French law.

18.2. Competent jurisdiction

Any dispute between a Merchant or Transporter on one hand, and Cocolis, on the other hand, relating to formation, validity, interpretation or execution of the Terms and Conditions will be subject to the exclusive jurisdiction of the Paris Commercial Court.

In application of article R. 631-3 of the Consumer Code, the Individual may refer to their choice, besides one of the territorially competent jurisdictions under the civil procedure code, the jurisdiction of the place where they resided at the time of contract conclusion or occurrence of the harmful event.

ANNEX 1

List of Goods that cannot be transported through Platform intermediation

• Narcotics and psychotropic substances,
• Counterfeit products,
• Live animals,
• Valuable objects such as jewellery, precious metals, banknotes, bearer securities, gold or silver, and other valuable objects,
• Cultural goods of major interest to national heritage,
• Objects whose sensitive nature is subject to particular formalities: weapons, medicines, tobacco, asbestos, strategic goods usable for civil or military purposes or products from wild animal or plant species protected by the Washington convention,
• Objects whose nature or packaging may present danger to others,
• Flammable materials (alcohols, perfumes), explosive (including inert or dummy ammunition), radioactive or corrosive, hazardous waste and dangerous materials such as compressed gases or any object containing gas or compressed or liquid air (aerosol products, lifeboats, fire extinguishers, etc.),
• Lithium batteries and cells,
• Perishable, infectious or non-infectious biological materials,
• Dead animals,
• Human organs and remains,
• Obscene or immoral objects.