General conditions ( T&C ) BPM Lux
I. General Provisions
1. General points
BPM Lux is a commercial activity exercised by the public limited company RT-Log S.A. having its registered office in L-5365 Münsbach, 34, Rue Gabriel Lippmann and registered to the Luxembourg Registry of Commerce and Companies under the number B 100.254.
The BPM Lux contract (hereafter referred to as the “Contract”) rules the contractual relations between the Client on the one hand and BPM Lux on the other hand as governed by the present general conditions (hereafter, “GC”) and, where necessary, by its rates list . BPM Lux’s contract is subscribed by the Client who is identified and registered on the website “www.bpm-lux.com” for the use of BPM Lux’s services, which consist in the use of the BPM Lux or his agents address or addresses for the reception and the expedition of shipments, which means mail and parcels, to access BPM mail boxes (hereafter referred to as “BPM box”) made available in Münsbach (Luxembourg), the access to virtual mail boxes, the use of the BPM-Shop Service and access to “BPM Parcel Station” which means delivery and expedition self-service points installed in Luxembourg.
Once a “Basic Account” is opened, the Client can choose between different categories of subscriptions and services referred to as BPM Mailbox, BPM Parcel Station and BPM Mail Forwarding.
BPM Lux is the owner of the mail boxes made available to the Client and of the virtual mail boxes and, within the framework of the contract provides the Client access to a given BPM box, located at BPM Lux registered office in Münsbach, along with access to his personal account and to a mail box specifically created for the service provided by BPM Lux. BPM Lux also makes available to his clients the BPM Lux’ addresses together with the BPM Parcel Station.
The wording “Item”/ shipment stands for all letters, registered letters, parcels, parcels, etc. which reach BPM Lux in the name and on behalf of the Client.
This presents GC apply to the parts I and II, except for derogation provisions and in that case, derogation provisions apply.
The Client is entitled to use the BPM box made at his disposal for him to receive Items / shipments and is entitled to indicate the BPM box as the correspondence address.
The Client is entitled to send shipments from BPM Lux registered office in Münsbach or, otherwise from the BPM Parcel Station.
2. Access and identification
By clicking on the box “accept” on the website, the Client accepts that a contract is concluded between BPM Lux and himself, that an account is opened on his name and that he has expressly accepted these present GC.
In order to subscribe to the BPM Lux service, where the Client is a natural person, he must be at least 18 years old. Where the Client is a corporate entity, it should be legally incorporated and published.
The Client must provide BPM Lux with a valid e-mail address, his residence address, respectively for companies, the address of the registered office, a forwarding or return address, a valid phone number and / or a valid mobile phone number. The Client guarantees that these data matches reality. In case of change of one of these data, the Client commits himself to inform BPM Lux thereof and to update the data as soon as possible.
Once the Client is admitted to access to the BPM Lux service, a personal account is opened in his name and made available to him. To access his personal account, the Client is granted a password that he chooses and which is personal and confidential, along with an identification number emitted by BPM Lux ( BPM Nr ). Login is available with the BPM Nr or E-mail address.
The Client bears the entire liability for the use of the personal account’s data and the identification elements, which are strictly confidential and incommunicable. He commits himself to not sell or communicate them to third parties and to urgently and as soon as possible notify BPM Lux of any loss or theft of data or should he note a fraudulent use of his personal account.
As soon as the Client informs BPM Lux, the personal account will be blocked.
BPM Lux reserves the right to block the personal account of a Client for reasons that it considers legitimate and notably:
- If the account is not used for a certain period
- If it appears that the personal information provided by the Client is incorrect
- If a fraud or abuse is noticed in relation with the Client or if there is a strong presumption of fraud or abuse.
3. Conditions of use of infrastructures and services BPM-LUX
3.a.) The Client commits himself to not use the infrastructures and the services of BPM Lux for illegal and fraudulent purposes, or for any purpose prohibited by Luxembourgish law, European law or any applicable legislation, Luxemburg postal regulations and/or IATA restrictions. Furthermore, the Client will make sure that the use of the BPM box made at his disposal is compliant with all regulations applicable in the EU, the country of origin, as well as the local legislation and the country of destination.
3.b.) In no case, the Client may use the BPM box or BPM Parcel Station, as address of principal or secondary residence. In the same way, the Client is not entitled to use the BPM Lux addresses made available for him as addresses of principal or secondary residence.
Where the Client is a company, it must have one registered office at an address other than the one made available by BPM Lux or BPM Parcel Station. In no case shall the Client use the BPM box or BPM Parcel Station as its registered office, a branch office or operating headquarters.. The present GC do not constitute a domiciliation agreement and BPM Lux does not act as domiciliary agent in the meaning of the Law 31st of May 1999, governing the domiciliation, as modified.
3.c.) The Client commits to furnishing a copy of his valid identification documents and/or others additional information, on simple request of BPM Lux. If the Client is a company, it commits itself to provide a copy of the articles of incorporation and an extract of the Trade Registry and the companies incorporated less than 1 (one) month earlier, shall also provide a copy of the identification documents of the legal representatives the company. In case of change of the legal representatives of the company, the Client commits to inform BPM Lux promptly.
3.d.) Students using the code “STUDENT”, at registration, in order to benefit from specials prices, commit themselves to provide a copy of their identity card and, annually, a scholarship certificate or academic registration proving his student status and which is valid.
Student prices are available to every student aged between 18 and 30 years (age at registration date respectively to the extension) who is regularly registered for secondary or university studies or a full-time professional formation (included internship periods). At the end of the studies, or defaulting to provide a valid scholarship certificate, BPM Lux will maintain student prices during a period of 12 (twelve) months. At the end of this period, the Client can continue the use of the same BPM box applying standard applicable prices.
4. Authorisations
The Client authorises BPM Lux to take reception of any Item addressed to the Client’s BPM box, and if necessary to confirm reception of the shipment.
The Client commits himself to indicate to the sender the entire Number of the BPM box and its address as well as its exact number.
BPM Lux is entitled to return immediately to the sender every non-complying shipment indicating the mention unknown at reception address or mistakenly arrived in the reception boxes provided for this purpose and called BPM Mail Return.
The Client allows BPM Lux, from time to time, to send him advertising information or news concerning BPM Lux activity by email at the address indicated during the inscription.
5. Respect of personal data and of correspondence
Personal information relating to the Client and confidential data provided by the Client or resulting from the mail delivered by BPM Lux, shall remain confidential.
Furthermore, the Client allows BPM Lux to safeguard information relating to his credit card, to his bank account or to his Paypal account, within the limits required for the exercise of its activity.
BPM Lux staff is submitted in writing, to a non-disclosure commitment and it is required to manage Client’s instructions, messages, phone calls, fax and electronic mails respecting strictest confidentiality and in compliance with the legal provisions applicable to data protection and mail secrecy and to not disclose any information relating to the Client, to any third party.
6. Contents of the shipments
The Client commits himself not to order, to solicit or to be recipient of any Item /shipment non-compliant to the BPM Lux policy or legal requirements, and notably the following items: alive or dead animals, cash, bonds, negotiable papers, precious metals, arms and munitions, high value objects (for ex. Art, antiquities, fur), dangerous or high risk shipments, food or perishables, medicines, narcotics, ionizing materials, such as every object which trading, detention or transport is illegal or contrary to morality or to public order in the expedition country, in the destination country or the transit country or for which the documents requested by the Customs or police regulation are missing. The present list is not exhaustive.
The Client must know and, if necessary, he has to verify the legality and regularity of the shipment along with its compliance, and the regularity of the documents which have to accompany it.
At the request of BPM Lux, the Client commits himself to declare to BPM Lux, the content and value of items to be shipped or received. BPM Lux is entitled to but is not obliged, to control the content and the condition of shipment by every resources (including scanners, x-rays, drug sniffer dogs etc.) and where necessary, in cooperation with authorities.
7. Reception of Items / shipments
BPM Lux is entitled to accept on behalf of the Client, every shipment, either at reception or at expedition.
At BPM Lux’ request, the Client has to sign acceptance of every shipment delivered by BPM Lux.
At reception of shipment by BPM Lux, the Client has the choice:
7.a) The mail and registered mail is placed in the BPM-Mailbox box.
7.b) Parcels will be placed in special boxes BPM-Parcel Lockers (dimension max. 40 cm x 31 cm x40 cm).
Parcels that exceed the capacity of the BPM box will be placed in separated BPM Parcel Lockers or BPM Parcel Stations. If not removed within 7 days after reception, BPM Lux is entitled to invoice storage charges of 1€ per day and per parcel-locker.
Parcels not removed 30 days after their reception will be sent to the last address left the Client, at his own costs.
If the Client happens to receive an unreasonable volume of shipments in the BPM box making the storage uneasy, according to a reasonable estimation made by BPM Lux and exceeding the capacity of a BPM Parcel Locker box for a continuing duration of 30 (thirty) days, BPM Lux could require the Client to adapt the contract and require the payment of additional fees involved, or a transfer of shipments to the last address of the Client at his own costs.
7.c) XXL parcels (dimension superior to 40 cm x 31 cm x 40 cm), meaning parcels of exceeding the content size of BPM-Parcel Locker boxes provided by BPM Lux, can be collected at the Pick-Up Window, from Monday to Friday, form 6a.m. to 10 p.m. and on Saturday from 7 a.m. to 7 p.m.. The opening hours can be modified without prior notice and will be regularly updated on the website.
The Client will be informed by electronic mail when his parcel arrives and he will be given a receipt allowing him to collect it at the “Pick Up Window” desk (Emporte Client).
XXL parcels not collected within7 days of reception are submitted to storage charges of 0,50€ per parcel and per day. Parcels not removed 30 days after their reception will be resent to the last address indicated by the Client, at his own costs.
As far as possible, the Client expecting XXL parcels is requested to contact BPM LUX (its logistic service) and to indicate the dimension of the awaited parcel and its weight.
7.d) Parcels delivered “collect on delivery”, payable at delivery are not accepted by BPM Lux.
7.e) The Client has the option to request BPM Lux the forwarding of shipments and/or of parcels against payment, either at a BPM Parcel Station or at an international or national destination of his choice.
When the Client chooses to transfer items received to a BPM Parcel Station, he has to inform BPM Lux about the chosen BPM Parcel Station via his on line profile. The change of status of the shipment in the virtual box of the Client is considered as a proof of delivery.
S, M, L, XL Parcels are automatically delivered to the BPM Parcel Station chosen by the Client. In principle, at the moment of delivery at the BPM Parcel Station, the Client receives a free information email and SMS.
Letters, registered letters and magazines remain at BPM Lux in Münsbach until Thursday inclusive. Delivery of Letters, normal and registered, documents, and magazines to the BPM Parcel Station chosen by Clients take place only on Fridays.
Against payment of additional costs, the Client has the option to request BPM Lux to deliver letters, registered mails and magazines earlier at a BPM Parcel Station. In such case, the date of delivery is the following businessday of the request and is done at the place chosen by the Client.
From the day of the delivery, the storage in the BPM Parcel Station is free for a 7 days period. At expiry of the 7 days period, BPM Lux transfers again the shipments of the client to Münsbach. The costs invoiced for a single treatment of 3 € and storage costs of 0, 50€ per day are charged to the Client. In this case, the Client is requested to contact BPM Lux and to give new instructions about the destination of the shipment. Costs for additional treatment are charged to the Client.
7.f) Where the Client chooses BPM Mail Forwarding, letters and registered letters are placed in BPM-Virtual Mailbox and parcels are stored for free by BPM Lux for a period of 30 days.
If they are not re-expedited 30 days after reception BPM Lux is entitled to invoice storage costs of 0,30€ per day and per shipment for S, M, L, XL parcels and 0,50€ per day and per shipment for parcels of a bigger size.
8. Expedition and re-expedition of shipments
The forwarding of shipments is done by Mail and Express Delivery Service Companies duly allowed to exercise this activity in Luxembourg and at international level or by International Mail and Express Delivery Services companies, at the rates negotiated by BPM Lux, which could differ from the rates normally applied by this provider. Deliveries can also be made by BPM Lux himself.
These rates can vary, notably according the nature of the shipment, the destination, the Carrier used and the actual fuel surcharge.
If the forwarding of shipments is made by BPM Lux, the provisions of article 19 shall apply.
9. Handing conditions of shipments to and from the Client
9.a) The Client accepts a signature of BPM Lux on an electronic device as proof of delivery or reception.
9.b) Shipments sent that could not be delivered by the selected transporter will be sent back to BPM Lux. If the shipment sent back in reason of an incorrect or invalid address given by the Client, the pertaining costs will be charged to the Client.
9.c) Transport of shipments will be made by a Carrier at his general and particular conditions.
10. Transport of shipments
In order to proceed to the delivery of shipments, BPM Lux chooses a number of authorized transporters / carriers.
BPM Lux declines any liability about the shipment transport conditions.
For any request or complaints in relation with the shipment transport conditions, the Client shall, if necessary, claim against the transporter liable for delivery and refer to his own general conditions and/or particulars and/or national or international regulation applicable in the field of transport.
The Carrier authorized by BPM Lux reserves the right to check the content of shipments according to the applicable laws, or scan every parcel he is provided for transport, by x-rays. As even in case of proper utilization, x–rays can damage delicate merchandises and any liability of the transporter for damages caused by x-rays is excluded.
In case of international transport, specifics conventions apply:
-By road: When the place of taking in charge the merchandise and the place proposed for the delivery are situated in two different countries, the transport can be submitted, with no regards to a contrary clause, to the system established by the Geneva Convention on the Contract for the International Carriage of Goods by Road (CMR) of 19th of May 1956;
-By air carriage: When the transport includes a final destination or a stop-over in another country than the country of departure, the transport is be regulated by the Warsaw Convention of 10th October 1929 for the Unification of Certain Rules Relating to International Carriage by Air, as amended in Den Hague on 28th September 1955, which, in general, limits the liability of transporters in case of loss or damage of merchandises. If the transport is made, in part by air carriage and in part by road carriage or any other mean of transport, it is presumed that any loss or damage appeared during the air carriage, except refutation.
11. Access to the Client box and to the BPM Parcel Station
BPM Lux provides the Client with an access control electronic chip, a password (chosen by the Client at registration), a key for the BPM box. In case of choice for BPM Parcel Station, two cards allowing secured access to his BPM box, respectively to the BPM Parcel Station 24 hours on 24, 7 days on 7.
Against payment of costs, the Client can request additional cards, access control electronic chips and keys.
The Client accepts that the access means to BPM Lux boxes, along with BPM Parcel Station are strictly personal and non-transferable and commits himself not to communicate them to third-parties and refrains from keeping them in a risky place. In case of loss of the access control electronic chip and/or of the key and/or of one of the cards, the Client communicates it immediately and no later than in the next 24 hours BPM Lux and informs it in writing and by email to cancel its use.
12. Possession of the BPM box key and access control electronic chip and of the BPM Parcel Station card
Holding a BPM box key and the access control electronic chip and/or the card is considered as a valid evidence of the authorization to remove the content of the BPM box or of the BPM Parcel Station.
In case of Client’s death, disability or incapacity, BPM Lux reserves the right to require provision of any official and appropriated documents emanating from national or non-national competent authorities, tribunal, of executor, tutor or any similar person or entity before handing over the shipment to any party requesting access to the BPM box.
It is forbidden for the Client to make or to permit any third-party to make a copy of the BPM box key and /or of the access control electronic chip and/or of the card.
In case of loss of the BPM box key and/or of the access control electronic chip, and/or of the magnetic card, or if the cylinder of the BPM box needs replacing at the request or for reasons due to the Client, the replacing costs will be invoiced according to the applicable rates.
13. Utilization of the BPM box address
In order to allow the reception in due form, the Client has to use the precise BPM box postal address as well as the BPM number. In case the indication of the addressee of the shipment is wrong or if it the determination of the shipment concerned BPM box owner is impossible, BPM Lux will send back to the expeditor the wrongly addressed shipment indicating “unknown at this address” .The Client makes sure that the address is correctly mentioned, as following:
Compulsory BPM Nr ………………
Optional but recommended *******Client name *********
Compulsory 34, Rue Gabriel Lippmann
Compulsory L-5365 Munsbach
Compulsory Luxembourg
14. Clients Auto Scan Scanning Service
Clients who choose this category of online services specifically authorize BPM Lux to open letters, registered letters and urgent documents, to scan them and to upload them online on the BPM Lux web server in PDF format. Through an access code and a password, The Client accesses his electronic Virtual Mailbox, located in a secured web server, in order to rewiev his mail.
The Client can access his electronic documents in PDF format online; at the client’s request, the scanned documents get deleted from the server.
After scanning of documents, the Client can select from the following options:
- Recovery of Items in his BPM box or in a BPM Parcel Station
- Forwarding: in this case, the Client will choose a daily, weekly or monthly forwarding at his costs and at the address of his choice;
- Destruction: at the request of the Client, BPM Lux will proceed with the immediate destruction of letters, registered letters, and magazines under level 6 security conditions.
- Archive: If the Client chooses this option, he subscribes a one (1) year archiving contract with BPM Lux. After this period, the Client will instruct BPM Lux to archive during an additional period, or otherwise will recover or forward the documents or request their destruction. In this case, the documents will be destroyed under level 6 security conditions.
In case the Client terminates his archiving contract, requests the expedition or the destruction of documents, additional costs are invoiced.
Additional costs invoiced to the Client depend of the volume and are fixed to the price of 0,02.-Euros per paper.
15. SMS (Short Message Service / Text message)
15.a) BPM Parcel Station includes a free SMS service allowing the Client to receive an e-mail notice and an SMS from BPM Lux informing of the reception of shipments, at the mobile phone number first indicated by the Client.
15.b) In relation with BPM Mailbox or BPM Mail Forwarding, against payment of costs, the Client can choose to receive an SMS notice twice a day informing of shipment reception, on the mobile phone number first indicated by the Client.
BPM Lux declines any liability in case of non reception of the SMS for whatever reason.
16. Costs
The Client is informed that in no case, these rates include any taxes and custom duties, which might arise for payment at shipment delivery.
All taxes (e. g. handling, transfer, custom duties, etc…) have to be borne by the Client and must be paid in advance and by the payment method chosen.
The debited taxes are calculated as follows:
Tax + VAT + a service charge of 4 EUR per service (+VAT) + an estimated amount of total costs + VAT.
Taxes are paid by BPM Lux to the Carrier against reimbursement from the Client. BPM Lux declines any liability in relation with the management of taxes.
Costs are invoiced and paid in Euros. Any due foreign tax in foreign currency will be invoiced at BPM Lux invoicing day value.
17. Payment of BPM Lux services
In order to guarantee an efficient and prompt payment of costs, BPM Lux arranges for different payment methods accepted by the Client, such as payment by debiting a credit card, debiting a Paypal account, or a bank account. Furthermore, payment by a reloadable prepaid card, otherwise by points collected with partner shops of BPM Lux, is possible.
The payment method can vary according to the service chosen by the Client. (insert Link)
The Client commits himself to pay costs on a monthly or annual basis, and all owed costs in advance, at reception of the invoice or at payment request.
If the Client owns credit-points, BPM Lux can, with prior authorization from the Client, charge any due amount on the point-credits at disposal.
When getting into commercial relation, the Client provides BPM Lux with a valid credit card number which he legally holds and commits himself to maintain, at any moment, a sufficient credit amount allowing for payment of services provided by BPM Lux. Client’s personal data are stored by one or more external and independent payment treating operators compliant with legal provisions.
Before expiry of the credit card validation, the Client provides BPM Lux with a replacement credit card. In case of payment by bank debiting or by a Paypal account, the Client provides BPM Lux with a bank account or Paypal number sufficiently credited and held by him , and he commits to maintain it at any moment sufficiently credited n order to allow payment of services provided by BPM Lux.
The Client authorizes BPM Lux to debit his credit card, his Paypal account, or his bank account for payment of costs due to BPM Lux, for management and shipping costs, and any amount due for optional / additional services he selected.
In case of unpaid costs by the Client, BPM Lux is entitled to make use of a right of retention on shipments, after due and proper notification of his outstanding payments made by registered or electronic mail to the Client.
BPM Lux reserves the right to invoice additional costs for the BPM box services if the Client adds excessive, according to a reasonable appreciation made by BPM Lux, natural persons or corporate entities to the list of persons authorized to receiving shipments in the BPM box, in excess with the originally subscribed conditions.
18. Custom clearance
If a shipment necessitates payment of custom duties, the Client will be responsible for handing over the appropriated and complete documentation.
Any documentation requested by customs is asked by BPM Lux to the Client and continued to the customs.
Except for contrary instruction and as long as necessary, the Client accepts that the transporter or carrier appointed by BPM Lux will, in this case, act in name and on behalf of the Client for custom clearance.
In principle, and except for specific contrary instruction by the Client, the transporter will not take any liability in relation with the custom clearance.
In case taxation applies, taxes, penalties, storage costs or other costs resulting from customs authorities actions or from the lack of proper documentation or requested permit within the framework of transport of shipments, costs are prepaid by BPM Lux, who invoices these costs to the Client, under the conditions provided in the present GC.
19. Liability
19.a) Except for contrary provisions provided in these GC, these provisions in relation with liability apply to all activities exercised by BPM Lux.
19.b) In case of total or partial loss or deterioration of a shipment, the individual liability of BPM Lux, RT-Log SA and of the subsidiary companies, branch managers, holding companies, franchises, agents, directors and employees is limited to direct damages and the following amounts: 100 EUR per shipment, otherwise 12.- EUR per kilogram of gross weight missing or damaged.
The Client admits and accepts that BPM Lux liability shall not exceed the real value of the shipment, where the burden of proof lies with the Client.
If the Client considers these limits as insufficient, he can subscribe an insurance policy covering the loss or deterioration of shipment; otherwise Client compensation is done as described in the previous paragraph.
19.c) The Client who subscribes an insurance policy covering the loss or deterioration of shipment, is indemnified according to the terms agreed with the insurer.
19.d) In case where shipment is transferred between the BPM reception point in Germany, France or Belgium and the sorting office in Luxembourg, the subscription of an additional insurance is not possible, in such case and only in relation with this shipment, BPM Lux liability is only limited to direct damages and to a maximal amount of 500 EUR per shipment.
The Client admits and accepts that BPM Lux liability cannot exceed the real value of the shipment, where the burden of proof lies with the Client.
19.e) BPM Lux cannot be held liable in case of breach of contractual obligations due to fortuitous case or a case of force majeure but not limited to , any natural catastrophe, accident, fire , aggression, war, riot, revolt, strike, demonstration, interruption or increase of traffic, deficiency of transports, snow, ice, fog or any other nature or human condition, other than the ones previously enumerated, delaying or preventing the total or partial delivery of shipment or permitting only a delayed delivery of shipment.In a fortuitous case or in a case of force majeure, damaging, loss or delay of the shipment is presumed linked to the occurrence of this event.
19.f) A shipment is considered as lost only if it is not found within 40 days of shipping date. In case of loss or total or partial damaging of shipment, and in case of non-delivery or delayed delivery of shipment, BPM Lux shall not be held liable for indirect damages suffered by the Client, or by any third-party, such as loss of market, loss of revenue, loss of chance, loss of reputation, breach of contract with a third-party or any other indirect damage.
BPM Lux shall in no case be held liable for damage suffered by the Client in case of loss or total or partial damaging of a shipment if this loss or this damaging is due to an act from a third-party or from the Client or if resulting from the packaging provided by the sender or by the Client, or from the nature of the transported object or a from any breach of any obligation of the Client.
Unless otherwise proved, the loss or damage is presumably caused, by the nature of the object when for inherent reasons, the object is exposed to particular risks (e. g.. breach , oxidation, desiccation, leaking , parasite , etc.).
19.g) In case of loss or total or partial damaging of a shipment, of non-delivery or delayed delivery that he considers attributable to BPM Lux, the Client shall declare this accident to BPM Lux by registered letter with acknowledgement of receipt within 7 working days as from reception of shipment or as from the date indicated for reception of the shipment. In case no declaration is filed, Client’s silence is considered as renunciation to claiming right against BPM Lux as compensation for his damage.
In no case any accident declaration allows the Client to refrain from any payment due to BPM Lux.
19.h) In case the Client uses the online service provided by BPM Lux, the Client expressly accepts to use the online service at his owns risks. The online service is provided as it is, with no guarantee from BPM Lux to meet any demand from the user, nor that it will be uninterrupted, punctual, secured or error-free. The Client is liable for the use and the manipulation of any material and/or program and/or downloaded data or obtained in whatever way via the use of BPM Lux website along with any subsequent use and, if necessary, of any loss of data or damage to the computer hardware due to its use .
19.i) BPM Lux shall not be held liable for any damage if Customs authorities seize or destroy illegal merchandises.
19.j) BPM Lux cannot be responsible for a false declaration from the Client and as a result all indemnification in relation with a false declaration is excluded.
20. Compensation for inadequate use of the BPM Mailbox, BPM Address and the BPM Parcel Station
The Client accepts to hold harmless BPM Lux, RT-Log SA and subsidiary companies, branch managers, holdings franchises, agents, directors and employees for, respectively:
- Any damage, loss, claim, request, liability , fine, sentence, judgment, liquidation, costs and lawsuit of any kind which could, in any way, be due to the use or the holding of the BPM box or of the BPM Parcel Station, notably any claim from third party, complaint or lawsuit for physical injuries or deterioration of material caused by their holding or their use;
- Delays or shipment delivery problems attributable to the Luxembourg post or to any other commercial service or to the transporter.
21. Duration and termination of the contract
The duration of the contract is the initial period selected and paid in advance by the Client, extended by potential renewal periods regularly paid by him.
Each party can terminate the contract applying a prior notice of one (1) month before the end of the contract.
For annual contracts, BPM Lux will inform the Client at least 1 (one) month in advance by electronic mail, of the expiry date of the contract. In absence of termination by one of the parties, the service provision contract will be tacitly extended for an identical duration as the one initially selected by the Client.
In absence of determined duration selected, the contract is agreed for an undetermined period, and each party can terminate the contract with a previous notice of 1 (one) month expiring at the end of the month following the month of termination notification.
The termination is done either by email or by registered letter with acknowledgement of receipt.
Each party can terminate the contract with no delay in case of serious breach of his contractual obligations by the other party, or in case of force majeure.
Particularly, in the following cases, BPM Lux can end the contract with immediate effect:
- Subscription to the BPM box, meaning the absence of any access to the BPM box by the Client for a period of more than 3 (three) months;
- Client’s use of the BPM box for illegal, illegitimate or fraudulent purpose.
- Reception and expedition of shipments non-compliant with the present GC
- Outstanding payments from the Client, 30 days after unsuccessful formal notice by BPM Lux;
- At expiry and not replaced credit card, term of the Paypal account or of the debited bank account provided by the Client to BPM Lux for payment of costs, or at removal of the BPM Lux debit authorization;
- At reception of a volume of shipments exceeding the normal capacity of the BPM-Parcel box, in the absence of Client’s authorization with the solutions offered by BPM Lux in point 7 for a period of 30 days from notification of the solution offered by BPM Lux;
- Injurious, , abusive or aggressive attitude of the Client towards other Clients or towards employees, representatives or partners of BPM Lux;
- Any breach of contractual obligation from the Client to indicate his the new name and address from
- Any other serious or repeated breach by the Client of one or more contractual obligations, including the ones deriving from the present GC.
22. Management of contract termination
At the end of the contract, BPM Lux offers the Client the following options:
22.a) Transitional period: Forwarding of shipments received for the Client during the 1 (one) month notice period at the address chosen by the Client, against prior payment of unpacking, forwarding and packaging material costs;
22.b) At contract termination: shipments received are refused by BPM Lux and returned to the sender mentioning “unknown at this address”, except if the Client foresees a forwarding of his shipments to an address of his choice, against payment of the charges.
22.c) At contract termination, if the Client has outstanding forwarding costs, or has not foreseen a forwarding address, BPM Lux is entitled to send back to the sender mentioning unknown to this address. If the addressee refuses reception, BPM Lux is entitled to destroy the shipment.
At contract termination, BPM Lux will return or destroy every shipment unclaimed by the Client (mass-shipment, or addressed to the “present resident” or any other similar term, publicity, promotional material or coupons, etc.).
At contract term, or if necessary during the transitional period, BPM Lux is entitled to:
- Allocate the canceled BPM boxes numbers to new clients.
- Request, within the period of 3 (three) working days, restitution by the Client of the key(s) and of the magnetic card(s) handed over to the Client, and to block access to the BPM Lux premises to any card still held by the Client.
Where the Client does not return the key(s) and the magnetic card(s) within the period of 3 (three) working days from the end of the contract, BPM Lux is entitled to replace the cylinder and the electronic chips and the magnetic card. Replacement costs are invoiced to the Client at the agreed applicable rates.
23. Notifications
Any notice sent to the Client, requested or permitted by this contract, is sent by postal mail, if necessary by registered and/or electronic mail at the last address indicated by the Client.
24. Modification of General Conditions
BPM Lux reserves the right to modify the present GC and the rates at any moment.
BPM Lux invites each Client, at his next connection, to accept expressly the news general conditions applicable by clicking “accept” on the website.
In case of the refuse of the Client to accept the news CG BPM Lux will be in right to refuse the furnishing service choose and to terminate the contract with a notice period of one month.
25. Severity clause
In case of one of the clauses of the present GC is declared void, for whatever reason, the validity of the remaining conditions and clauses is not affected. In such case, parties commit themselves to give the invalid provisions and interpretation that is the most coherent with the remaining provisions and with the general sense of the GC.
26. Jurisdiction and applicable law
Any dispute arising from the existence, interpretation or enforcement of the contract and GC which is not settled amicably is of the exclusive jurisdiction of Luxembourg city Courts , with no prejudice of the right of BPM Lux to file the suit before a different Court of her choice.
The details provided by the Client to the contract, apply as residence take-up for the necessities of a potential legal proceeding.
Any mail and procedural deeds can be validly notified to this address. Any communication received by any means as letter, email and SMS are presumed having reached the Client within the two days following the expedition by mail and the day of the shipment in case of telecopy, emails and SMS.
II General conditions of BPM-Shop services
1. General provisions
“BPM-Shop” is a free service offered for BPM Lux’ subscribed clients. The aim of which it is to bring global markets closer to the Customer (hereafter referred to as “the Member”) in order to profit from interesting offers in the currently covered countries without leaving domicile or office.
2. Subscription of the contract
At registration, the Client or the Member accepts the hereafter conditions of BPM-Shop (RT-Log SA service).
By providing personal data and by ticking on the acceptation button of the contract after having read it, the Member or the Client accepts the BPM-Shop conditions.
If the Member or the Client wants to benefit from an update or a service provided by BPM Lux, he also accepts the present GC.
Subscription to BPM-Shop is free. The discount percentages or the lump sums are awarded according to the merchants referenced website.
3. Duration of the contract
Subscription to BPM-Shop is valid for one year and renewable every year. Subscription is free. It can be terminated at any moment at no cost.
In case of termination, the discount amounts received by the Client or by the Member are credited to the bank account, Paypal account or to the credit card indicated at registration, any costs, if the case, in relation with services provided according to the subscription of BPM Mailbox, Mail forwarding, BPM Parcel Station services, or any other service provided by BPM Lux, being deducted.
Termination of this service within the framework of a BPM Mailbox, Mail Forwarding or BPM Parcel Station service subscribed can be terminated at the monthly due date, with no additional costs .
At termination, contract and registration end only once all potential discounts to the Client are awarded by BPM-Shop or after payment by the Client or Member of any potential amount due to BPM Lux.
4. Services provided by BPM-Shop
The Client or the Member benefit from a discount program ( Cash Back ) on purchases done with BPM-Shop website, calculated as a monetary value equivalent to a percentage or a lump sum, calculated according to the value of the purchases on the partners websites indicated by BPM Lux. The credit awarded by the visited website merchants are credited to the Client’s or Member’s web account.
The Client or the Member decides of the use of these credits and of the date of their withdrawal (minimal amount of the credit is 15 €).
5. Obligations of the Client or the Member
5.a) The Client or the Member commits himself to provide correct and exhaustive information at BPM Lux request.
5.b) BPM-Shop reserves the right to verify the correctness of the information provided.
5.c) The Client or Member commits himself to update his profile at regular intervals and in any case, in case of provided data change , at the request of BPM Lux.
5.d) The Client or the Member ensures that the bank account number indicated in his profile is still updated in order to allow, at no cost, deposit of the credited discounts.
The Client or the Member regularly updates the electronic address indicated in their profile in order to guarantee the reception of BPM-Shop messages.
5.e) Registration is open to any adult natural person of all countries, in compliance with legal provisions applicable to his situation.
5.g) The BPM-Shop purchase discount program is a service offered only on line. BPM-Shop declines any liability for wrong use of the website.
5.h) It is the Client’s duty to regularly verify the amounts credited on his account and to request deposits. If the Client or the Member consider discounts on certain purchases as not accounted with, the Client or Member have to give notice thereof within 48 hours by electronic mail , in order for BPM Lux to proceed with a verification as soon as possible.
6. Participation to the BPM-Shop.com purchase discount program ( Cash Back )
The Client’s account credit transfer order is done electronically from the page “My Account” found on the website “www.bpm-shop.com”, after indicating login and password. No interest is calculated nor transferred to these credits.
Credits are deposited on the account indicated by the Client or the Member. BPM-Shop uses the less costly deposit method for both parts. Costs of potential transfers are invoiced to the Client.
If the Client or Member orders services with BPM Lux, the amounts due are invoiced as described in the conditions of point I.
Discount on purchase can only be awarded to the Client or Member and the Client or Member is entitled to, subject to the following procedures for each purchase:
a) Electronic access to the BPM-Shop website.
b) Indication of his login and password.
c) Purchases are done during the session in process. If the Client or Member switches off and purchases directly on the merchant website by using his own login, no retribution is deposited to BPM-Shop and the Client’s or Member’s purchase discount program profit cannot apply.
d) The purchase discount is to be perceived only if the Client or the Member has received the purchased merchandise at the indicated delivery address and if the correspondent invoice is paid. No discount on purchase can be awarded if the merchandise is returned or if the invoice is still unpaid.
In case of abuse, BPM-Shop reserves the right to cancel one or the total of the discount on purchase available in the Client or the Member account, or even his subscription.
7. Contract Conditions and subscription of transactions between the Client and the merchant website
7.a) The Client or Member of BPM-Shop and the merchant website are linked by a direct contractual relation. The merchant website’s general conditions apply to both parties.
7.b) The delivery conditions and the expedition costs are also fixed within the framework of the contract agreed between the Client and the merchant website.
7.c) BPM Lux shall not be held liable for additional shipping, export or Customs costs charged in the country of origin, or in the country of reception.
7.d) The Client or the Member can request services provided by BPM Lux, at BPM Lux conditions, if the customer requires of a solution for reception and forwarding of merchandises to or from the countries offered.
8. Liability
Without no prejudice as to strict controls, BPM Lux declines any liability for the content of external links. Merchant website operators are fully liable for the content of external links.
BPM Lux declines any liability for any potential damages resulting from inexact or missing data in this on line offer.
BPM Lux declines any liability for the purchases, availability, shipment, reservation, and invoices done by merchant website referenced by BPM-Shop.
The information diffused on the “BPM-Shop” web site is based on sources considered as honest.
The Client or the Member commits himself to hold harmless BPM Lux of any damageable consequences directly or indirectly linked to his use of the service.
BPM Lux shall not, in any case, and within the limit of the applicable law, be held liable for indirect or direct, materials or immaterial, damages and/or prejudices, or of any other kind, resulting from an unavailable service or from any wrong use of the service by the Client or the Member.
9. Online service
The Client or Member agrees and accepts that any material and/or program and/or Downloaded data or data obtained in any manner via the use of the BPM Lux website, is done according to the sole appreciation and at his own risk, and that he is exclusively liable for any damage caused to his computer installations and any loss of data resulting from the downloading of this material or this data.