Terms Services

General Conditions of Service [GCS]

Article 1 – Purpose of the General Terms and Conditions – General presentation of the “Oceanic Partners” service

The company OCEAN’S , a simplified joint stock company (SAS) with capital of 5,000 euros, having its registered office at Résidence de la Brise, 18 route Bleue, 13620 Carry-le-Rouet and whose unique identification number is 850 771 924 RCS Aix-en-Provence (the “Company” or “OCEAN’S”) has developed a digital platform for digital intermediation services for the transport of goods and more specifically a digital freight exchange within the meaning of 4°) of Article L3261-1 of the Transport Code. These T&Cs apply to all Users for all services offered by the Company who declare that they are offered under these T&Cs via the Site contact@ocn-partners.com and in particular:

The Company provides a remote intermediation service by electronic means (the “Oceanic Partners Service”), between:

-> Loader Customers

-> And Service Providers

Having a character that is separable from the Transport Service itself (the “Goods Transport Mission”), insofar as this intermediation only aims to facilitate, possibly by means of additional services of research, comparison, reservation, communication, monitoring and/or payment, the conclusion of contracts relating to future Transport Missions without selecting the Service Provider retained by the Shipper Client, nor exercising any decisive influence on the essential conditions of the Transport Services, their execution or their price. The Company specializes in:

– the connection between Loading Clients who supply goods to be transported (hereinafter “Loaded Goods”) and Service Providers [Goods Carriers and/or Transport Brokers] who transport goods, with a view to carrying out a Goods Transport Mission;

– The Company also offers Shipper Customers the opportunity to compare and reserve the Services requested through the Site.

– The Company also offers Service Providers [Freight Carriers and/or Freight Forwarders] a digital interface to present and offer their Services and Service Offers to other Users and/or Subscribers of the Site, in particular Shipper Customers. The Site is developed under the brand name “Oceanic Partners”. The “Oceanic Partners” Site is limited to simply establishing contact on its Site. The Company does not intervene in the formation, execution and/or termination of the transport contract and/or transport commission contract following the establishment of contact on the Site for the performance of a Freight Transport Mission and its liability may not be incurred in this regard in any way. The Company is a third party to any agreement that may be concluded between Users and/or Subscribers. The purpose of the Site is a networking tool. The Company therefore does not guarantee either the execution or the quality of the result of the execution of the Goods Transport Mission between Users and/or Subscribers.

For any Service Provider [Carriers of Goods or Transport Brokers], access to the Oceanic Partners Service will be subject to the following four conditions:

– the prior written consent of the Company;

– Provide proof of the identity of the Service Provider;

– prove that the company’s main activity is the transport of goods, transit and/or logistics;

– prove that the company has the appropriate licenses.

For any Shipper Customer, access to the Colisnet Service will be subject to the following two conditions:

– Provide proof of the identity of the Customer Charger;

– Validate the Customer Charger’s registration file by the Company.

The purpose of these General Conditions of Service (the “GCS”) is to define the conditions of use of the Oceanic Partners Service offered by the Company, via its IT intermediation platform between:

– (i) the Transport Brokers (the “Brokers”) or their personnel registered as Personal Users “User”,

– (ii) the Freight Carriers (the “Freight Carriers”) or their personnel registered as Personal Users “User”,

– and (iii) the Shipper Clients (the “Shippers”) or their personnel registered as Personal Users “User”, the Service Providers [Carriers of Goods and/or Transport Brokers] and the Shipper Clients are together called the “Subscribers”.

Article 2 – Conditions of operation of the Site and the Oceanic Partners Service

2.1 Acceptance of the General Conditions of Services

Acceptance of these General Terms and Conditions is materialized by a checkbox when registering for a User Account. This acceptance is full and complete. This procedure is equivalent to full and complete acceptance of these General Terms and Conditions of Services “GTC”, the General Terms and Conditions of Use “GCU” and all general conditions, including all modifications and/or subsequent versions established by the Company. The Company reserves the right to modify the GTC at any time. These modifications will be brought to the attention of Users by any means before the changes come into force, who must accept them by checking the relevant box.

In the event of refusal, the User will no longer be able to access the Oceanic Partners Service, their subscription will be suspended as well as their User Account until acceptance of the new T&Cs. If the User continues to use our Services after the publication or sending of a notice concerning the modifications that we have made to these conditions, this means that they accept the updated conditions from their effective date. No membership may be made subject to reservation, and would be considered null and void.

The User who does not agree to be bound by these General Terms and Conditions will not be able to use the Oceanic Partners Services of the Site. No special conditions or other general conditions emanating from a Service Provider or a Shipper Customer may, except with the prior formal and written acceptance of the Company, prevail over these General Terms and Conditions for the Oceanic Partners Services. Users and/or Subscribers acknowledge that these General Terms and Conditions prevail over their own special or general conditions of purchase, sale or service.

The Company reserves the right to modify the Oceanic Partners Services and/or these T&Cs, including any Oceanic Partners Service Fees and Oceanic Partners Subscription Fees at any time; in this case, the modification of the T&Cs is made directly on the Site, and updated with a last update date indicated at the top of these T&Cs. Access to and use of the Site and/or the Colisnet Services after publication with an update date of the T&Cs on the Site, implies acceptance, without reservation, of said modified T&Cs.

2.2 Subscription to the Oceanic Partners Service – Financial conditions

Regarding Shipper Customers:

Shipper Customers can use the Oceanic Partners Service free of charge within certain limits:

-> Use only 1 User Account

-> “User” personnel per Charger Client;

-> Enter their Service Orders directly on the Oceanic Partners site.

If any of these limits is exceeded, the Shipper Customer must enter into a “Premium Shipper Customer” access and subscription contract for the Colisnet Service, for a duration chosen when subscribing (monthly subscription or 12-month annual subscription).

The subscription contract will take effect on the date of validation of the subscription by the Company.

Regarding the Providers:

Providers may use the Oceanic Partners Service free of charge subject to certain limits:

-> Use 2 Personal User Accounts “User” per Service Provider

-> Edit and enter Service Offers directly on the Colisnet platform. If any of these limits are exceeded, the Goods Carrier must conclude a “Premium Carrier” access and subscription contract to the Colisnet Service, for a duration chosen when subscribing (monthly subscription or 12-month annual subscription).

The subscription contract will take effect on the date of validation of the subscription by the Company. The subscription pricing conditions (hereinafter “Subscription Fees”) are indicated on the Site in the “Subscriptions” section. Payments are made by credit card, bank transfer or direct debit. The amounts are invoiced in Euros excluding tax, to which VAT is added.

In the event of non-compliance by the Shipper Customer or the Service Provider with its payment obligation, the Company may interrupt access to the Oceanic Partners Service within seven (7) days following receipt of a formal notice sent by email. In the absence of regularization of the situation within fifteen (15) days following receipt of this formal notice, the Company may terminate the subscription contract. In accordance with the provisions of the French Commercial Code, any amount due that is not paid on the due date is automatically increased by late payment penalties of an amount equal to 3 times the legal interest rate and a fixed compensation of 40 euros for recovery costs.

In all cases, the Company reserves the right to permanently or temporarily suspend access to the Oceanic Partners Service in the event of non-payment. Final validation of the subscription is carried out within fifteen (15) days of receipt of payment, subject to the communication to the Company of all required documents, authorizations and information. The Company reserves the right not to follow up on a request for registration or subscription to a subscription if the documents and information proving its identity, existence or the exercise of its professional activity are missing, incomplete or falsified. It is specified that each User of the Colisnet Service may ask another User for direct access to the list of information and documents provided to the Company, allowing to verify its skills and professional qualifications.

Each User and/or Subscriber will personally undertake any additional verification that they deem useful to control the quality, competence or even the capacity of their co-contractor, in particular and without this list being exhaustive, within the framework of a transport contract for a significant value, dangerous goods, oversized transport, waste, animals, special transport or even for transport contracts relating to goods presenting significant stakes.

2.3 Eligibility of Candidate Freight Transport Providers on the Site

The Site and the Colisnet Services offered by the Company are intended only for professional freight transport service providers, regularly registered in the register of transporters of the Regional Directorate for the Environment, Planning and Housing (DREAL) (or equivalent organization abroad) on which their head office depends and holders of sufficient licenses, and specific authorizations and insurance (civil liability, fleet and goods) that may be necessary.

. The Goods Transport Service Provider applying for the “Goods Transport” or “Transport Broker” role must, in addition to completing the mandatory fields, upload the documents providing proof that it is regularly registered in the register of transporters by providing a copy of the Community license or the domestic transport license, or another operating title, as well as any documents that may be requested by the Company.

In the absence of communication of these elements, the candidate Goods Transport Service Provider “Goods Transport” or “Transport Broker” will not be able to submit a Service Offer or respond to Service Orders submitted by a Shipper Customer. Any access or use of the Site or Colisnet Services by a “Goods Transport” or “Transport Broker” Service Provider, who is not a professional or not regularly registered, authorized to carry out such activities in his country of establishment, is formally prohibited.

By accessing and/or using the Site and/or the Colisnet Services, the “Goods Carrier” or “Transport Broker” Service Provider incurs professional civil liability and/or criminal liability.

2.4 Eligibility of applications from Shipper Customers on the Site

The Site and the Colisnet Services offered by the Company are intended only for professional Shipper Customers, regularly registered with the National Register of Companies (or equivalent organization abroad) on which their head office depends and holders of specific authorizations and insurance (civil liability and goods) possibly necessary to market the goods internationally. The Shipper Customer candidate “Exporter” or “Importer” must, in addition to completing the mandatory fields, upload all documents that may be requested by the Company. If these elements are not communicated, the Shipper Customer candidate “Exporter” or “Importer” will not be able to submit a Service Order. Any access or use of the Site or the Colisnet Services by a Shipper Customer, who is not a professional or not regularly registered, authorized to carry out such activities in his country of establishment, is strictly prohibited. By accessing and/or using the Site and/or the Colisnet Services, the Shipper Customer assumes liability.

2.5 Use of the account and mandatory updating of data

Each User is strictly prohibited from creating or using a User Account other than the one initially created when registering on the Site, whether under their own identity or that of a third party, and is strictly prohibited from transferring their User Account to anyone.

Each User may access the Site, at any time, using their password and identifier, to their User Account containing all the Personal Data provided when registering on the Site; each User undertakes to ensure that their data is accurate, complete and unequivocal and ensures, as necessary, that their data is updated. Users must comply, at all times when using the Oceanic Partners Service, with the information communicated to the Company and the identities communicated on the Site.

The Company reserves the right not to follow up on a User’s registration request if the documents and information justifying the professional and regular activity of the Users, in particular the Goods Transport Service Provider, Transport Broker Service Provider or Shipper Client are missing, incomplete or falsified. Access to the Colisnet Service is carried out via an online registration on the Site associated with the sending of the necessary supporting documents. These supporting documents can be sent to the Company by direct download on the Site or by e-mail to the following address: contact@ocn-partners.com

Users must be previously validated by the Site and the Company as User members before being able to put their Service Orders or Service Offers online.

The final validation of the registration of a Goods Transport Service Provider or a Transport Broker Service Provider is carried out by the Company as soon as the documents presented demonstrate that the User and/or Subscriber exercises their main activity in the field of transport or transport organization, and subject to presentation of the required registration supporting documents.

Any User and/or Subscriber whose membership application has been accepted receives confirmation of their registration by email. They can then access the Colisnet Service to which they subscribed when registering using the username and password they chose during the registration process.

The User is fully responsible for the use of his/her identifier and his/her personal and confidential password. In the event of loss or theft of this, he/she can immediately obtain a new personal and confidential password by clicking on “forgotten password” in his/her “identification” space.

Every User has access to a messaging service that allows you to send messages and share information. The information and content that you share or publish may be seen, copied and used by other Users, Subscribers or third parties (in particular outside the Oceanic Partners Services). The Company has no obligation to publish information or content on the Site and/or the Colisnet Service.

The Company may remove any information or content with or without notice.

2.6 Suspension, cancellation and termination of the User Account

Any User Account for which inaccurate information and/or behavior contrary to these General Terms and Conditions is noted may be closed, temporarily or permanently, by the Company.

The Company also reserves the right to refuse, suspend or remove at its discretion access to its Colisnet Services in the event of suspicion of fraud, unfair competition or misuse of the Colisnet Service and more generally in the event of non-compliance with contractual obligations.

Users guarantee the Company against any damage, prejudice or condemnation suffered by another User, another Subscriber, the Company or another third party, due to non-compliant use of the Site in violation of these General Terms and Conditions. In the event that access to the Colisnet Service is removed due to a fault or contractual breach by the User, the balance of the remaining installments will be due in full to the Company.

2.7 Subscribers’ Service Order, Subscribers’ Service Offer, Acceptance by Subscribers and Confirmation of the Order via the Site

Personal Users benefit from the same Colisnet Services as the Subscribing company of which they are employees.

The Shipper Customer Subscribers submit a Service Order on the Site by completing the mandatory fields. The Service Orders that can be submitted on the Site are as follows:

– a Goods Transport Service Order. Service Provider Subscribers submit one or more Service Offers on the Site by completing the mandatory fields or by uploading a price list in CSV format.

The Service Offers that may be posted on the Site are as follows:

– either an Offer of Transport Service,

– or an Offer of Services related to Transport. The Site only records and distributes Offers of Services and Orders of Services. Orders of Services may be freely accepted or refused by the Service Provider Subscribers. Offers of Services may be freely chosen and assigned by the Shipper Customer Subscribers.

Accessibility:

The rules of accessibility to the Service Offers are as follows:

– Price List submission service: this service, accessible 7 days a week and 24 hours a day, allows Subscribers to submit online Service Price Lists on the Site which will be consulted by Shipper Customers;

– Service Offer submission service: this service, accessible 7 days a week and 24 hours a day, allows Subscribers to submit Service Offers online on the Site which will be consulted by Shipper Customers;

The rules for accessibility to Service Orders are as follows:

– Service Order submission service: this service, accessible 7 days a week and 24 hours a day, allows Subscribers to submit Service Orders online on the Site which will be consulted by Service Providers;

The services, conditions, prices, rates and all other fees, costs, etc. (in particular the setting of the amount and the terms and conditions of payment) inherent in the acceptance of a Service Offer are proposed by the Service Provider and validated by the Shipper Client, without the intervention of the Company.

The same applies to all the conditions and terms of conclusion and execution of existing contractual relations between Subscribers following the use of the Colisnet Service. Once published, a Service Offer is disseminated on the Site for the period of validity defined by the Service Provider. The Company cannot be held responsible for any losses, damages or disputes related to:

(i) to the cancellation of a Service by a Subscriber and more generally

(ii) the conclusion, execution and termination of Goods Transport Mission contracts or any other contract concluded by Subscribers. It is specified that Subscribers may cancel their Service Offers or Service Orders at any time and remove them from the Site. However, repeated and abusive cancellations by Subscribers may result in exclusion from the Site and deletion of the User Account and/or Subscriber Account.

Article 3 – Insurance of goods

The Company assumes no responsibility for the insurance of goods transported by a Service Provider in the name and on behalf of a Shipper Customer.

Article 4 – General obligations common to Users

Users and/or Subscribers who have contracted a Goods Transport Mission through the Site undertake to keep each other informed at all times to the extent necessary of the execution of the Service. In accordance with their reporting obligations, Loading Customers are solely and exclusively responsible for the nature and detailed description of the Loaded Goods for which they wish to entrust the organization of transport or the Service.

They therefore certify:

– The legality and absence of counterfeiting of their Loaded Goods.

– The good condition, insurance, safety and legal conformity of the Loaded Goods. The shipment must not constitute a cause of danger for people and for other goods transported as well as for the vehicles, equipment or means of transport used.

Users are solely responsible for the Service Orders made on the Site. Once the Goods Transport Mission has been validated and contracted by the Shipper Client and the Service Provider on the Site using the Colisnet Services, the Service Provider must perform the agreed Service under the conditions described in the Service Order placed on the Site or in subsequent agreements concluded between the Subscribers outside the Site. Once the Goods Transport Mission has been accepted, the Service Provider undertakes to perform the Service with the means and under the conditions agreed with the Shipper Client.

The Service Provider undertakes to provide proof of execution or delivery of the Goods Transport Mission within 24 hours of execution or delivery. In the event of loss of proof of delivery, the Service Provider must contact the Shipper Customer with whom it has contracted to obtain a copy of the latter. In the event of a problem, the Shipper Customer or the Service Provider must contact customer service as quickly as possible via the following address: contact@ocn-partners.com

Payment of the service:

The Service Provider invoices the Transport Mission to the Shipper Client. The invoice is communicated by the Service Provider to the Shipper Client through the Site. Payment of the invoice is made directly between the Service Provider and the Shipper Client.

Solvency:

Users and/or Subscribers guarantee that they are solvent, undertake to pay the Oceanic Partners Service Fees and/or the Subscription Fees to the Company for its Colisnet connection Service.

Cancellation or Dispute:

In case of:

– failure to deliver the Loaded Goods to the Goods Transport Service Provider under the conditions agreed between the Loading Client and the Service Provider,

– Cancellation of the Goods Transport Mission by one of the Subscribers,

– And/or dispute between Subscribers, Users must resolve the situation between themselves and inform the Company and the Site within 24 hours of the event. The Company’s Colisnet Service Fees will still be charged in order to cover the costs incurred by the Company.

Compliance with regulations:

Users undertake to comply with the regulations applicable to them. The User declares that, regardless of the country in which they have their registered office, they are always in compliance with the competent authorities regarding the exercise of their regulated activities.

Unfair competition:

Furthermore, Users also refrain from any act of unfair competition with respect to the Company. As such, they undertake to use the Site and the Colisnet Services for their needs, in a fair and good faith manner, in strict compliance with the T&Cs and GTCs. This excludes in particular allowing access to the Colisnet Services to natural or legal persons other than those identified during registration.

Article 5 – General obligations of the Shipper Customer Instruction of the Shipper Customer:

The Loading Client is required to give the necessary and precise instructions to the Service Provider on the Site so that the Service Provider can, where applicable, correctly carry out the mission(s) that will be requested:

– Goods Transport Services; – Services related to the transport of goods;

– Transit and/or Customs Services,

– and/or the additional Services which will be requested.

In this respect, the Customer Charger must provide all information, provide the necessary documents and complete any request for information from the Company or the Service Provider.

In addition to the information and documents required by the Company for any Service Order, the Shipper Client must provide any additional instructions on:

– transport,

– the Loaded Goods,

– and/or any request for special equipment, particularly in the case of special transport.

All specific delivery instructions must be the subject of a written and repeated instruction for each Service Order and must be transmitted in advance to the Service Provider via the Site, for its express prior acceptance.

Terms and conditions of the contract:

It is expressly provided that all the terms and conditions of the Goods Transport Service Contract or the Goods Transport Mission concluded between the Users and/or between the Subscribers are determined between them.

Interdiction :

The Shipper Client is prohibited from publishing a Service Order relating to the transport of goods that are illegal or prohibited by current national, European and international regulations and legislation.

Article 6 – General obligations of the Service Provider

The Service Provider undertakes to update all information provided when registering on the Site. The Service Provider undertakes to hold all authorizations and training required for the transport carried out. The Service Provider ensures that its equipment is in good working order and complies with current standards.

The Service Provider also undertakes not to transport illicit or counterfeit products in its vehicle, in accordance with the national, European and international regulations and legislation in force. The Service Provider domiciled outside French territory who practices cabotage undertakes to comply with the regulations in force in this area and in particular the provisions of Articles L 3421-3 et seq. of the Transport Code. The Company reserves the right to suspend or delete the User Account of a Service Provider convicted following the violation of the applicable regulations regarding the transport of goods.

The obligations of the Provider under the performance of the Service will be determined by and between:

– on the one hand the Service Provider,

– and on the other hand the Charger Customer. It is expressly provided that all the terms and conditions of the Service Contract concluded between the Users and/or between the Subscribers are determined between them.

Article 7 – User Responsibility

Users are solely responsible for the content they distribute within the framework of the Colisnet Services, Service Order and Service Offer on the Site and undertake to ensure that all of this information provided is lawful and does not infringe on public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision, and more generally, is in no way likely to call into question the civil or criminal liability of the Company.

The User is therefore prohibited from distributing, in particular and without this list being exhaustive:

– infringing content,

– content that is false, misleading or offers or promotes illicit, fraudulent or misleading activities,

– defamatory, insulting, violent, racist, pornographic, obscene, indecent content,

– content that is detrimental to the image of a User or a third party,

– content harmful to the computer systems of the Site, Users and third parties (viruses, etc.),

– and more generally content likely to infringe the rights of Users or third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

The User account will contain all the information that the User wishes to make accessible to other Users of the Site. This information, once published on the Site, will be accessible to any User.

Quality of the achievement:

Furthermore, the Company does not guarantee the quality of the performance of the Service by Users and/or Subscribers. Its role being limited to the establishment of connections, its liability cannot be sought on this point or in the event of poor performance of the Service agreed by a User and/or a Subscriber. The User can consult the Profile of each User and/or Subscriber. It is recalled that the User has the choice between the Service Offers, the Services and the Service Providers and that the final choice belongs to him, it being specified that the User is free not to select any Service Provider. The User can select from the Service Providers who respond to his Service Order, the one he chooses to fulfill the Goods Transport Mission.

Contractualization between Service Provider and Shipper Client:

In the event of an agreement between the Shipper Client and the Service Provider, they may contact each other directly and outside the Platform to conclude their agreements. It is recalled that the Company is a third party to the agreement concluded between the Users. Users and/or Subscribers are free to determine together the content of the agreement they plan to conclude as well as to negotiate the rate of the Goods Transport Mission. The Company advises Users and/or Subscribers to formalize their agreement by signing a contract and recommends seeking advice from any competent professional for the drafting of the contract.

Evaluation of the Service:

Users and/or Subscribers can assess whether the booking and monitoring of the Service is carried out by the Colisnet Service made available by the Company. The comments and the rating given to the Service Provider or the Shipper Customer will be displayed on the latter’s Profile. Consequently, Subscribers are required to moderate and undertake to be as objective as possible. The Company reserves the right to delete any comment that is contrary to the T&Cs, T&Cs or the Privacy Policy.

Article 8 – Obligations and liability of the Company

Compliance with legal obligations:

As part of the exercise of its activity as an operator of a digital intermediation platform for public road transport of goods, the Company must comply with the legal obligations provided for in Articles L.3261-1 et seq. of the Transport Code.

The Company shall communicate to the competent administrative authority, at its request, any evidence likely to establish compliance with the legal obligations in force.

The Company reserves the right to verify all documents provided by Users, in particular Goods Transport Providers and Transport Brokers (in particular, but not limited to: transport license, conditions of honorability, professional capacity and financial capacity, registration in the national electronic register of transporters, professional civil liability insurance, compliance with social obligations, etc.) when validating the registration, when publishing the User and/or Subscriber Profile and/or when publishing their Service Offer on the Site.

When the information transmitted by Users is ambiguous or incomplete, the Company reserves the right to request additional clarification from the latter before publishing the User Profile, the Subscriber Profile and/or the Service Offer on the Site.

For the record, here are the documents that the User must provide for transport in France:

-> CERTIFICATE OF VIGILANCE (6 MONTHS) -> KBIS (LESS THAN 3 MONTHS)

-> LIST OF NAMES OF FOREIGN EMPLOYEES SUBJECT TO WORK PERMIT

-> REGISTRATION IN THE REGISTER OF COMMISSIONERS IF APPLICABLE

-> DOMESTIC OR COMMUNITY TRANSPORT LICENSE FOR GOODS

-> IDENTITY DOCUMENTS OF THE LEGAL REPRESENTATIVE -> TRANSPORT LIABILITY INSURANCE CERTIFICATE

-> VEHICLE FLEET INSURANCE CERTIFICATE

-> CERTIFICATE OF INSURANCE FOR GOODS TAKEN IF APPLICABLE

-> IBAN

-> DECLARATION OF BENEFICIAL OWNERS

For the record, here are the documents that the User must provide for transport outside France:

-> CERTIFICATE OF VIGILANCE (6 MONTHS) -> KBIS (LESS THAN 3 MONTHS)

-> REGISTRATION IN THE REGISTER OF COMMISSIONERS IF DUE

-> COMMUNITY GOODS TRANSPORT LICENSE

-> IDENTITY DOCUMENTS OF THE LEGAL REPRESENTATIVE

-> ATTESTATION D’ASSURANCE RC TRANSPORT

-> VEHICLE FLEET INSURANCE CERTIFICATE

-> CERTIFICATE OF INSURANCE FOR GOODS TAKEN IF APPLICABLE

-> IBAN

-> DECLARATION OF BENEFICIAL OWNERS

-> “MACRON LAW” POSTING CERTIFICATE

-> FORM A1

Obligation of means:

The Company undertakes to provide all its expertise to ensure the proper technical functioning of its Site and its Colisnet connection Service, within the limits of its obligation of means. The Company reserves the right to interrupt the Site and therefore access to the Colisnet Service during the period(s) it deems necessary to carry out maintenance or improvement operations. Except in emergencies, Users will be informed in advance of these periods of interruption;

these may not in any case engage, in any capacity whatsoever, the responsibility of the Company.

The Company, responsible for an intermediary and networking mission, is bound by an obligation of means, and cannot be held responsible for the proper execution of the contracts that it has enabled to be concluded.

Limitation of liability: Furthermore, and without this list being exhaustive, it is provided that the Company cannot be held liable for damages of any nature resulting from:

– Use of the Colisnet Service by the User or by a third party in conditions that do not comply with the purpose of said Colisnet Service or the provisions of these General Terms and Conditions,

– Unavailability of the Internet network at the User’s premises, – Events whose origin results from an event occurring at the User’s premises beyond the system interface,

– Cuts or any other problems occurring on the networks or equipment of Internet access providers,

– Input errors made by Users, incorrect or incomplete transmission of information or data, their loss, their non-delivery or their incomplete delivery by Users,

– Loss of commercial data, loss of earnings or any other damage resulting from inappropriate use of the Colisnet Service, whether these facts are intentional or accidental.

The User remains solely responsible for the use he will make of the Colisnet Service and in particular for the direct or indirect consequences of the contracts he could conclude with third-party Users and/or Subscribers. He is also responsible for any damage he could cause to the Company and to the Users and/or Subscribers due to the illicit use or exploitation of the Site itself or one of its components. The User benefits from a free chat with a response within 48 hours or can communicate by electronic mail to the following address: contact@colisnet.net

In the event of proven fault by the User, the Company’s liability may only be incurred for direct and specific damages suffered by the User resulting from a breach of its contractual obligations as defined herein and will be limited in any event to the maximum amount of the subscription paid over a calendar year by the Subscribers or failing that €1,000 per event and per year.

Article 9 – Colisnet Service Fees and Payment – ​​Transport Mission Rates

9.1 Service Fee

The Service rates are freely set by the Service Providers and freely negotiated between the Service Provider and the Shipper Customer.

9.2 Colisnet Service Fees

The Company invoices the Service Provider for a service fee “Colisnet Service Fee” when the service is ordered by the Shipper Customer and validated by the Goods Transport Service Provider through the Colisnet platform. Upon expiry of a period of five (5) calendar days following the date of validation of the Service Order by the Service Provider, the Company will send the Service Provider the invoice for the Colisnet Service Fee.

The Colisnet Service Fees amount to: -> 5% for Services not related to e-commerce transactions, -> 15% for Services related to e-commerce transactions, of the amount invoiced excluding tax by the Service Provider to the Shipper Customer. The Colisnet Service Fees are paid by the Service Provider.

The Service Provider expressly agrees to receive the Company’s invoices electronically. 9.3 Payment of the Transport Mission by the Shipper Client Payment for the Service is made directly between the Shipper Client and the Service Provider. The Company, as administrator of the Colisnet platform, does not manage payments. This means that the Company is not legally responsible for them.

The Payment Method and Payment Deadlines are agreed directly between the Shipper Client and the Service Provider.

The Payment Methods for the Freight Transport Mission can be:

->payment by bank transfer;

-> payment by direct debit;

-> cash payment;

-> electronic payment.

The Payment Deadlines for the Goods Transport Mission are:

-> immediate payment: upon validation of the Service Order;

-> payment on delivery: after the end of the Goods Transport Mission;

-> payment in due date: 30 days after the invoice date.

The Loading Customer must:

-> choose a payment method;

-> make the payment and keep the proof as proof of payment;

-> declare the payment on the Colisnet platform, in the “Add a payment” section and attach the “Proof of payment” document.

The Service Provider must:

-> check the payment of the Goods Transport Mission; -> and validate the payment on the “Payment Verification” section. After the payment validation by the Service Provider, the status of the Goods Transport Mission is marked “Paid”. The Goods Transport Mission is marked as “Completed”, 5 days after the payment status has changed to “Paid” and the order status has changed to “Delivered”.

9.4 Cancelling or Disputing a Freight Transport Mission

Shipper Customers may dispute a “Paid” Freight Transport Mission, after approval of the Freight Transport Mission request and before it is marked as “Completed”.

Sending a “Dispute” email is a way for Shipper Customers to clearly communicate to Service Providers and the Company that they are not satisfied with the way the Freight Transport Mission is being handled.

In the event of a dispute between Users and/or Subscribers, they must contact each other directly and outside the Platform to resolve the situation between them and inform the Company within 24 hours of the event. It is recalled that the Company is a third party to the agreement concluded between Users or between Subscribers. When a Charger Client initiates a dispute, the process is as follows:

1. The Shipper Customer must inform the Service Provider via the Colisnet messaging system and via a “Dispute” email;

2. The Shipper Customer must inform the Company by email to the address: “contact@ocn-partners.com” within a maximum period of:

-> 24 hours following the scheduled start date of the Goods Transport Mission for any cancellation agreed or not agreed between the Users and/or Subscribers;

-> 24 hours following the scheduled end date of the Goods Transport Mission or 24 hours following the delivery date declared by the Service Provider, for any complaint concerning the execution of the Goods Transport Mission;

3. The Service Provider is informed and notified by e-mail of the Customer Charger’s dispute;

4. Users and/or Subscribers must decide to validate or reject the dispute;

5. Users and/or Subscribers must inform the Company by e-mail of the decision taken;

6. Users will be able to evaluate each other on the Site.

Important :

– When a Freight Transport Mission is contested, the status of the Freight Transport Mission changes to “Contested”.

– Disputing a Freight Transport Mission does not automatically refund the payment. – A Freight Transport Mission cannot be automatically refunded when a dispute is issued.

Article 10 – Suspension – Termination 1

0.1 Termination at the initiative of the Subscriber

The Subscriber may terminate his contract at any time by simple email from the User Administrator of the Subscriber account. The termination email must be sent to the following address: contact@ocn-partners.com

In the event of a subscription taken out, the effective date of this termination takes effect at the end of the subscribed subscription period.

10.2 Termination at the initiative of the Company

In the event of fraudulent use of the system or use that is not in accordance with the purpose of its connection service, the Company reserves the right to put an end to the alleged facts and in particular to suspend access to its Colisnet Service and to proceed with the immediate termination of the contract and the deletion of the User Account, without prejudice to any possible damages.

In the event of repeated and justified complaints against the User, the Company reserves the right to take all measures intended to put an end to the alleged facts and in particular to suspend access to its Colisnet Service and to proceed with the immediate termination of the contract and the deletion of the User Account, without prejudice to any possible damages.

In the event of communication of false information by the User, the Company reserves the right to take all measures intended to put an end to the alleged facts and in particular to suspend access to its Colisnet Service and to proceed with the immediate termination of the contract and the deletion of the User Account, without prejudice to any possible damages. In the event of serious and/or repeated breach(es) of one or more of the clauses of these General Terms and Conditions that it has freely accepted, the contract will be purely and simply terminated, without prejudice to any possible damages.

Any amount paid under a subscription shall remain acquired by the Company in the event of termination of the contract at the initiative of the Subscriber, or in the event of termination or suspension of the contract, for one of the cases provided for in this article, at the initiative of the Company. The balance of the remaining installments shall be due in full to the Company.

Article 11 – Protection of personal data

In application of law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, it is recalled that the nominative Personal Data requested from Users by the Company are necessary to guarantee access to the Colisnet Services.

The Company undertakes to ensure the security of the personal data it stores for the purposes of using the Oceanic Partners Services. The processing of information communicated via the Site meets the legal requirements for the protection of Personal Data, the information system used ensuring optimal protection of this data. In accordance with the Data Protection Act of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018 and the General Data Protection Regulation (EU) 2016/679, the User has a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her. This right may be exercised under the conditions and in accordance with the procedures defined on the Site in the “Privacy Policy”. To find out more about the protection of Personal Data processed in the context of the use of Colisnet Services, the Company invites you to consult its “Privacy Policy”.

More generally and in accordance with applicable regulations, the Company undertakes to ensure that the collection of all data and information from Users is relevant, not excessive and used solely for the purposes of connecting Users and the transport operation that may result.

Article 12 – Communication

The User authorizes the Company to refer to the Services covered by the T&Cs and T&Cs, and in particular the User’s use of the “Oceanic Partners” the site, on its commercial and/or advertising documentation, regardless of the medium. In this context, the User authorizes the Company to use its names, brands and other distinctive signs (the “Signs”) solely for promotional and communication purposes.

The Company undertakes to use the signs in a manner that does not infringe the User’s rights. The Company acknowledges that the subscription contract does not entail any transfer of the intellectual property rights held by the Subscriber over the Signs to its benefit.

Article 13 – Intellectual Property

The Company is the sole owner of the intellectual property rights (copyrights and trademarks) in their entirety, of the Site (name, logo, etc.), and of its existing and subsequent developments, as well as of the Oceanic Partners Services, and in general, of the entire container and content. Any Visitor or User of the Site who reproduces one or more of these elements would incur civil and/or criminal liability, particularly in matters of counterfeiting and would be liable to prosecution and incur the applicable civil and criminal penalties.

Article 14 – Hypertext links

The creation of hyperlinks to any of the pages or elements of the Site may only be done with the prior written authorization of the Company. The Company declines all responsibility concerning access to and the content of these third-party sites with a hyperlink to the Site because these sites are not under the control of the Company.

The Site may also contain links to third party sites that are not edited or controlled by the Company. Such links are provided solely as a convenience and, accordingly, cannot and should not be construed as an express or implied endorsement of such third party sites, their content or any products or services offered therein.

These third-party sites will be subject to the conditions of use provided for by the same third-party sites in the event of consultation, which the Company invites you to consult.

Article 15 – Force Majeure

The Company’s liability may not be implemented if the non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions results from a case of force majeure as defined in the Civil Code and by the case law of the French courts and tribunals. There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this respect, the Company cannot be held liable in particular in the event of a hacker attack, the unavailability of materials, supplies, spare parts, personal or other equipment, interruption, suspension, reduction or disruption of electricity or other or any interruptions to electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of the Company occurring after the conclusion of the GTC and preventing execution under normal conditions. It is specified that, in such a situation, the User and/or the Subscriber cannot claim the payment of any compensation and cannot take any action against the Company. In the event of the occurrence of one of the aforementioned events, the Company will endeavour to inform its Users as soon as possible.

Article 16 – Partial nullity

If one or more provisions of this Agreement are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall retain their full force and scope.

Article 17 – Applicable law and attribution of jurisdiction

These General Terms and Conditions and the transactions resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

The User, the Subscriber and the Company undertake to make their best efforts to resolve amicably any dispute relating to the existence, execution, interpretation, validity or cancellation, termination or nullity of the GTC as well as any litigation, disagreement or claim arising from and/or linked to the use of the Site and the Colisnet Services.

In the absence of an amicable solution, the dispute will be submitted to the exclusive jurisdiction of the Courts of Marseille, even in the event of an incidental claim or warranty claim or multiple defendants.

Appendix 1: Definitions

-> CGS: General Conditions of Services of the Company or General Conditions of Sale of the Company.

-> CGU: General Conditions of Use of the Company.

-> Shipper or Shipper Customer: User seeking and requesting a goods transport service. He provides the goods to be transported.

-> Broker: User providing a goods transport service under a transport commission contract.

-> User Account: Account of a User registered on the Oceanic Partners platform.

-> Personal User Account: This is an account for an employee of a Subscriber. This is a subcategory of User Accounts.

-> Subscription Fees: Subscriber fees paid where applicable to the Company to subscribe and benefit from the Oceanic Partners Services.

-> Oceanic Partners Service Fees: Corresponds to the fees invoiced by the Company to the Service Provider for the Oceanic Partners Services provided by the Company.

-> Price List: several Service prices predefined by the Service Provider, according to criteria, allowing the proposal and/or calculation of a Service Offer.

-> Loaded Goods: Goods to be transported belonging to the Loading Customer. -> Legal Notices: Are defined in Article 1 of the GTC.

-> Goods Transport Mission: Corresponds to the operation of transporting goods from point A to point B.

-> Service Order: Request by which a Shipper Client orders a Goods Transport Mission from a Service Provider.

-> Service Offer: Commercial offer of a Goods Transport Mission by which a Service Provider offers one or more Goods Transport Services to a Shipper Client.

-> Platform: At the definition of Site.

-> Privacy Policy: Refers to the document that governs the Company’s use of Personal Data provided by Users and Visitors.

-> Service: Service requested by the Shipper Customer and provided by the Service Provider. Corresponds to all Services offered by a Service Provider to a Shipper Customer through the Site.

-> Oceanic Partners Services: Corresponds to all the services offered by the Company through the Oceanic Partners website.

-> Site: https://www.colisnet.net -> Company: Ocean’s SAS, RCS 850 771 924. -> Subscriber: Refers to a Service Provider or a Shipper Customer registered on the platform. This is a subcategory of User.

-> Service Provider or Transport Provider: Subscriber who transports the goods. It can be a Goods Carrier or a Transport Broker.

-> Carrier: User providing a goods transport service under a transport contract.

-> User: Visitor registered on the Site. This may be a Personal User, a Subscriber, a Service Provider, a Carrier, a Transport Broker or a Shipper Customer.

-> Personal Users: These are the employees of the Subscribers, it is a subcategory of User.

-> Visitor: Any person, whoever they may be, professional or non-professional, having access to the Sites.

General Conditions of Service (GCS) dated: 01/01/2023