These TOS define, on the one hand, the legal framework for Users' use of the Services offered by Koulier on the Website, as well as the relationships that may be established between them on the Website, with the rights that are recognized to them, but also with the founded duties, independently of what is referred to herein. It is specified as needed that the User may save or print these TOS, provided they are not modified. The version of the TOS available on the Website will prevail, where applicable, over any other version of these terms, except for modifications that have occurred after their use of the Services and in accordance with common law. These TOS were updated on 01/12/2023. Subsequent modifications of these TOS will be enforceable against Users of the Website from their online publication. The TOS will remain in effect with respect to the User as long as they use the Services. They may be supplemented, where applicable, by Specific Service Conditions related to certain Options, which complement these general conditions with which they form an indivisible whole. In case of contradiction between the TOS and the CPPS, the CPPS will prevail over the TOS. Prior to the use of the Services on the Website, the User expressly acknowledges having read these TOS as well as the various texts to which they refer and having accepted them without restriction or reservation.
These TOS are applicable for the entire duration of the User's use of the Services. The User is informed that the TOS may be updated at any time under the conditions of Article 23 herein.
The Services provided by Koulier to the User via the Koulier Platform are as follows: (i) A postal and fiscal domiciliation service for businesses; (ii) Assistance in the creation and finalization of the Domiciliation File, consisting of collecting information and documents related to the User, necessary for the conclusion of the Domiciliation Contract between the User and the Domiciliation Company; (iii) The provision of an electronic signature system for the Domiciliation Contract; (iv) The provision of services to which the User can subscribe at any time via the Koulier Platform, under the conditions and modalities described on the Koulier Platform at the time of their subscriptions and/or in the CPPS applicable to certain Options subscribed to by the User: mail reception, scanning options, response letter templates, mail forwarding, ... (hereinafter referred to as the 'Options'); (v) The management at any time by the User from the Koulier Platform of the Options subscribed; (vi) Customer support assistance during the use of the Services during the hours indicated on the Koulier Platform. The User is informed that the conclusion of a Domiciliation Contract via the Koulier Platform results in a direct contractual relationship between the User and the Domiciliation Company, the former having mandated Koulier to facilitate their connection with the latter, via the Koulier Platform.
The User hereby declares that they have verified the suitability of the Services to their needs before using them. They declare and guarantee that they have received from Koulier all the necessary information and advice to subscribe to these TOS and that, consequently, they waive any dispute on this point. It is therefore up to the User to verify that the Services offered via the Website are suitable for their needs. The User also declares that they have the knowledge, skills, and resources, particularly human and technical, required for the use of the Services on the Website.
User access to the Services requires the following user journey on the Koulier Platform. 5.1 Selection of the User's project The User selects the project for which they subscribe to the Services: creating a new structure or transferring headquarters. 5.2 Providing the User's needs The User provides the type of structure attached to their project (personal use, a company, a self-employed business, an association, etc.). The User can select none, one, or several Options offered. 5.3 Summary and acceptance of the order All this information is summarized, which the User declares to have read and expressly validates by clicking on the 'Subscribe' button. 5.4 Selection of the billing cycle – Acceptance of the TOS – Payment Billing Cycle The User selects the commitment and billing formula from the options offered in Article 10.2 of the TOS: monthly or 12 months. Acceptance of the TOS Before being able to proceed with the payment of the Price and to access the Services, the User must have read and accepted in advance these Terms of Sale and Use. The User must therefore express their consent for these TOS to apply in the context of subscribing to and using the Services, by opt-in by checking the box: ✅ 'I have read and accept the Koulier Terms of Sale and Use' This step is crucial, and the User cannot check this box without having first read and accepted all the conditions of these TOS. Once this box is checked, the User declares to fully and unreservedly accept all of the TOS. Payment The User can then proceed with the online payment of the Price under the conditions of Article 10, to access the Services. 5.5 Domiciliation File 5.5.1 Documents and information collected The User must then provide, via the Koulier Platform, the following information and documents necessary for the establishment of their Domiciliation File and the conclusion of the Domiciliation Contract with the Domiciliation Company: - Mail forwarding address - Information about the company and legal representatives: 👉 Case of a company registration - Company name - Legal form - Sector of activity - Activity - Purpose of domiciliation (e.g., creation of structure, transfer of headquarters) - Identity of the legal representative(s): Name, first name, gender Functions Date of birth Nationality Personal address Email address, phone number, Identity document (national identity card or passport) of the director(s) in current validity Proof of address less than three (3) months old of the director If the director is hosted: Proof of address of the host; identity document of the host; dated and signed hosting certificate by the host - Place of conservation of accounting documents, if applicable: name of the accounting firm's office, address of the accountant 👉 Case of a transfer of headquarters - Company name - Legal form - Sector of activity - Activity - SIREN number - Current address of the entity - Share capital - Place of conservation of accounting documents - Copy of the identity document (front and back) of the legal representative of the company. Only the legal representative is authorized to carry out the domiciliation through the Koulier Platform, the legal representative's representative is not authorized to do so. - Copy of a complementary identity document (front and back): passport or national identity card in current validity, driver's license, health insurance card, tax notice, pay slip, family record book. - Proof of address less than three (3) months old - Copy of the register of beneficial owners - Copy of the identity document (front and back) of the beneficial owner(s). If the copy of the register of beneficial owners is unavailable: identity document of all shareholders holding directly or indirectly more than 25% - Extract K-bis less than three (3) months old - Company's articles of association - Place of conservation of accounting documents, if applicable: name of the accounting firm's office, address of the accountant In case of corporate shareholders, the following information is collected for each shareholder: - Extract K-bis less than three (3) months old - Company's articles of association - Copy of the identity document (front and back) of the legal representative of the company. - Copy of the register of beneficial owners - Copy of the identity document (front and back) of the beneficial owner(s). If the copy of the register of beneficial owners is unavailable: identity document of all shareholders holding directly or indirectly more than 25% 5.5.2 Modification of information relating to the legal representative In case of modification of information relating to the legal representative of the domiciled entity, the User undertakes to provide the new information without delay on the Koulier Platform so that it can be transmitted to the Domiciliation Company. 5.5.3 Customer support After online payment and during the establishment of their Domiciliation File, the User benefits from dedicated customer support available on the Koulier Platform and by phone. They then benefit from digital customer support services throughout the contractual commitment period, during the customer support hours. 5.5.4 Conservation of the Domiciliation File The information and documents listed in this Article 7.5 are kept by the Domiciliation Company to comply with legal and regulatory obligations in terms of company domiciliation services. The Company has also mandated Koulier to keep a copy of this information and documents for the purpose of securing the User's files, which the User is informed of and expressly and irrevocably accepts. 5.6 Signature of the Domiciliation Contract with the Domiciliation Company Once the Domiciliation File is completed, the User is offered to sign the Domiciliation Contract with the Domiciliation Company, directly via the Koulier Platform. The Domiciliation Contract is signed using a certified electronic signature system (Electronic certification 'OneFlow' - https://oneflow.com/). 5.7 Legal and regulatory obligations of the User after signing the Domiciliation Contract In the case of company domiciliation, the User is required to communicate the following documents to the Domiciliation Company via the Koulier Platform, within a maximum of three (3) months from the signing of the Domiciliation Contract: Extract Kbis less than three (3) months old mentioning the new domiciliation address; updated company's articles of association; Register of beneficial owners. This information and documents are collected by the Domiciliation Company to comply with legal and regulatory obligations in terms of company domiciliation services. In the absence of communication of these documents by the User within three (3) months from the signing of the Domiciliation Contract, Koulier may decide to terminate the Domiciliation Contract, which the User is informed of and expressly and irrevocably accepts. In such a case, Koulier will refund the User the Price paid, less the Management Fees retained by the Price.
With their User Account, the User can: (i) access the tracking of their Subscription and Options provided via the Koulier Platform; (ii) download their signed Domiciliation Contract; (iii) view and manage the mail received at the domiciliation address in their name or that of their company. Creating a User Account requires the User to provide the following information on the Koulier Platform: - Name and first name(s) of the User - Email address - Password - Telephone details of the legal representative of the company subscribing to the Services. Each User acknowledges their full responsibility for the use of their Identifying Codes as well as the Koulier Platform. They undertake to perform all actions within their User Account under their own Identifying Codes. Similarly, all actions performed under these Identifying Codes will be considered to have been performed by themselves. In case of forgetfulness, misuse, or unauthorized use of their Identifying Codes by another User, Koulier's responsibility cannot be engaged in any way, and the User must immediately inform customer support of this situation via the contact email address: hello@koulier.com Upon receipt of this duly justified written notification, Koulier will study the case and may, as a security measure, suspend all access to the User Account. Koulier will process the User's request as soon as possible and will send them back by email the new Identifying Codes after verifying their identity. The User remains responsible for the use of their User Account by third parties until Koulier modifies the Identifying Codes, thus the User guarantees Koulier against any action or claim regarding data loss resulting from the loss or fraudulent use of their Identifying Codes. The User agrees that the computer or electronic records kept by Koulier for the provision of the Services, of all operations carried out, especially through their User Account, may be opposed or used before any competent administrative and/or judicial authority as evidence.
The User has the right to access, modify, rectify, and delete data concerning them. They also have the right to information, opposition to commercial prospecting, data portability, and limitation of processing. The User also has the right to withdraw their consent at any time for data processing based on their consent and the right to deactivate Cookies. All these rights are detailed in the Koulier Personal Data Charter, annexed to these TOS (Annex 1).
8.1 Price Access to the Services is subject to payment and requires the User to subscribe to a Subscription. The Price is displayed on the Koulier Platform when the User selects their domiciliation address. It is also recalled in the order summary, provided for in Article 7.3 of the TOS. The Price includes the financial consideration for the Subscription and Domiciliation Services as well as the Domiciliation services provided by the Domiciliation Company. The Price varies depending on (i) the domiciliation address chosen by the User and the Domiciliation Company with which they choose to conclude a Domiciliation Contract, (ii) the various Options selected by the User, and (iii) the commitment period provided for in the Subscription selected by the User under the conditions of Article 10.2. The Price is displayed in Euros (€) and excluding taxes. The address and billing data are provided by the User on the Koulier Platform. 8.2 Billing methods and commitment periods The User can choose between the following billing methods and commitment periods. Regardless of the billing method and commitment period selected by the User, the first installment of the Price must be paid at the time of order validation and before the establishment of the Domiciliation File. (i) Monthly billing and commitment In the case of a monthly commitment, the Price is paid monthly by the User. The User is committed for a period of 1 (one) month renewable by tacit renewal, for the same duration. The User can terminate their commitment at any time and thus oppose its tacit renewal by sending a registered letter with acknowledgment of receipt to the Company at the following address: Koulier – Service Termination – 7 rue des Lilas, 92700 Colombes - France. The current month will remain due by the User, and the termination will take effect from the monthly due date following the termination date. (ii) Annual / 24 months billing and commitment Annual subscription and billing In the case of an annual subscription, the Price is paid by the User once a year, with the first payment being made on the date of order validation. From the date of order validation, the User is committed for a period of 1 (one) year renewable by tacit renewal, for the same duration. Common termination and notice procedures In the case of an annual subscription, the User can terminate their subscription and thus oppose its tacit renewal by informing the Koulier Company by registered letter with acknowledgment of receipt sent to the following address: Koulier - Service Termination - 7 rue des Lilas, 92700, Colombes, France - at the latest one (1) month before the renewal date. (iii) Modification of the commitment period The User can modify the subscription plan chosen for the future and at any time directly on the Koulier Platform, this modification only taking effect from the expiration of the current subscription period. 8.3 Consequences of service termination The termination by the User of their Domiciliation Contract results in the termination of the Domiciliation Contract but also of the Services provided by Koulier. However, the User is informed that the Domiciliation Contract must necessarily be concluded with the Domiciliation Company for a minimum period of 3 (three) months, in accordance with Article R.123-168 of the Commercial Code, notwithstanding the termination of the Services. Consequently, in case of termination of the Subscription, the User will not be liable for the price corresponding to the Domiciliation services provided by the Domiciliation Company, until the expiration of the minimum period of the Domiciliation Contract. 8.4 Payment methods Payments can be made by the User by credit card or SEPA direct debit. The User is informed that they can update their payment method at any time directly on the Koulier Platform, (i) Payment by credit card Credit card payments are collected on the Company's Stripe™ account under the following conditions. The following credit cards are accepted: Carte Bleue, Visa™, MasterCard™, American Express. Bank fees are entirely the responsibility of the User. Koulier assures the User that it never has access to the confidential information related to the credit card used. The payment is secured by an encryption process, allowing the User's banking data to be sent encrypted to the secure online payment platform operated and managed by Stripe™, accessible on the website https://stripe.com/fr. This transaction is notably secured by a 2048-bit RSA encryption process to strengthen all the blurring and encryption processes by optimizing the protection of all personal data related to this payment method. For more information, the User can consult the following page: https://stripe.com/docs/security/stripe#ssl. (ii) Payment by SEPA direct debit SEPA direct debit payment is only offered for annual subscription commitments (twelve (12) months). SEPA direct debit payments are collected on the Company's Stripe™ account. Koulier uses Stripe™'s secure automatic debit system. SEPA direct debit payment is only possible if the bank account provided by the User is established in one of the 36 SEPA member countries, which include: EU member states; members of the European Free Trade Association (Iceland, Liechtenstein, Norway, Switzerland), and the United Kingdom (iii) Acceptance of Stripe™'s contractual conditions By using the Stripe™ electronic payment system, the User accepts without reservation Stripe™'s terms of sale, accessible at the following address: https://stripe.com/fr/privacy. 8.5 Payment incidents (i) Payment incidents when subscribing to Services The User's failure to pay the Price when subscribing to the Services results in the suspension of the subscription to the Services and the automatic cancellation of the transaction until the Price is paid by the User. In the case of payment by SEPA direct debit, in the event that the Company is notified of the payment incident after the Domiciliation Contract is signed, the Company reserves the right to terminate all Services without delay or other conditions and to notify the payment incident to the Domiciliation Company for the purpose of terminating the Domiciliation Contract, which the User expressly and irrevocably acknowledges. (ii) Payment incidents during the execution of Services In case of a payment incident during the execution of the Services, the Company notifies the incident to the User by repeatedly sending emails to allow them to regularize the payment within 29 (twenty-nine) days from the date of the first notification. If the payment is not regularized within this first period, the Company sends a formal notice to the User by registered letter with acknowledgment of receipt, allowing them to regularize the payment within a new period of 29 (twenty-nine) days from the date of the formal notice. If, at the end of these two (2) periods, the User has not remedied the payment incident, the Company reserves the right to terminate all Services without delay or other conditions and to notify the payment incident to the Domiciliation Company for the purpose of terminating the Domiciliation Contract, which the User expressly and irrevocably acknowledges. Unless expressly agreed by the Koulier platform, the termination of the Domiciliation Contract is then deemed final; consequently, Koulier reserves the right not to accept new subscriptions or to accept them under certain conditions. (iii) Interbank rejection fees In case of SEPA direct debit payment, any payment incident will result in the User being liable for additional interbank rejection fees of €20 (twenty) excluding taxes per incident noted.
The User guarantees Koulier that they have the necessary authorizations to use the chosen payment method and that they have access to sufficient funds to cover all costs resulting from the payment of the Price. Computerized records, kept in Koulier's computer systems under reasonable security conditions, will be considered as proof of all transactions and payments made between the Parties.
Koulier retains the User's banking data for the purpose of providing the Services, without ever having direct access to it. The data of the bank card used by the User is kept in encrypted form. The retention of the User's banking data is strictly limited to the needs of the Services and may not continue beyond the duration of the Services. The User declares that they have been informed of the retention of their banking data in encrypted form by Koulier for the needs and during the duration of the Services, and expressly accepts this retention.
The rejection of the Domiciliation File, pursuant to Article 7.5.4 of the TOS, prevents the signing of the Domiciliation Contract between the User and the Domiciliation Company and results in the refund by the Company of the Price paid by the User, less the Management Fees retained by the Company. This refund is made by the Company to the User within 15 (fifteen) days from the rejection of the Domiciliation File.
12.1 In accordance with Articles L.221-18 and following of the Consumer Code, the User has a period of 14 (fourteen) days to exercise their right of withdrawal, without charge, provided that the Services have not started before the expiration of the withdrawal period. Consequently, as long as, after online subscription and payment of the Price, the Services have not started to be executed and in particular that the establishment of the Domiciliation File has not started, the User will have the possibility to exercise their right of withdrawal, without having to justify this exercise or be required to pay penalties in this regard. To be valid, the exercise of the right of withdrawal must be expressed according to the withdrawal form model reproduced in Annex 3 or by an unambiguous statement expressing their wish to withdraw. Furthermore, certain services listed in Article L221-28 of the Consumer Code cannot be subject to the User's right of withdrawal, especially when the provision of Services has been fully executed before the end of the withdrawal period. In such a case and provided that the User has previously and expressly waived their right of withdrawal through the opt-in system, they will no longer be able to withdraw.
The User is warned of the technical hazards inherent to the Internet and the resulting access interruptions. Consequently, the Company will not be held responsible for any unavailability or slowdowns of the Services. The Koulier Platform may occasionally be suspended due to maintenance interventions necessary for the proper functioning of the Company's servers. In case of interruption of Services for maintenance, the Company undertakes to inform the User so that they can make arrangements in advance to avoid any disruption to their activity. The Company cannot be held responsible for the potential impact of this unavailability on the User's activities.
14.1 'Koulier' is a trademark pending registration with the INPI. 14.2 The Company is the exclusive owner of the intellectual property rights on the Koulier Platform, its entire computer content, software, and in particular all texts, comments, works, illustrations, videos, and images, whether visual or audio, reproduced on the Koulier Platform as well as its databases of which it is the producer. All these intellectual creations are protected under copyright, trademark law, patent law, sui generis database rights, and image rights, worldwide. 14.3 The software provided to the User as part of the Services remains the full property of the Company. 14.4 However, the Company grants the User a license allowing them to reproduce and display the contents of the Koulier Platform, but only and strictly for personal use within the framework of viewing the Koulier Platform and/or using the Services. This license, however, excludes the User's right to modify, copy, translate, distribute, publish, transmit, distribute, produce, display, or assign the rights of any content appearing on the Koulier Platform and through it. To this end and in accordance with the provisions of the Intellectual Property Code, only use for private purposes subject to different or even more restrictive provisions of this code is authorized. Any other use constitutes counterfeiting and is sanctioned under intellectual property law unless prior authorization is obtained from the Company. Any form of total or partial copying, scraping, and reproduction of the database produced and operated by the Company on the Koulier Platform is strictly prohibited without its prior written agreement. 14.5 The software provided as part of the Service is made available as is and without any guarantee from the Company, particularly regarding the adequacy of the functionalities of said software to the needs and requirements of the User, the non-interruption or absence of error, correction of defects, anomalies, etc.
The Company grants the User a personal, non-exclusive, non-transferable, and non-sublicensable right to use the Koulier Platform for the entire duration of the contract and worldwide. The User can only use the Koulier Platform according to their needs. In particular, the license relating to the Koulier Platform is granted solely to allow the User to use the Services, excluding any other purpose. The User may not in any case make the Koulier Platform available to a third party, and strictly prohibits any other use, particularly any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.
Users declare that they accept the characteristics and limitations of the Internet and computing and, in particular, acknowledge: - that they are aware of the nature of the Internet, especially its technical performance and response times for consulting, querying, or transferring information; - that the communication by Users of personal identification elements or, in general, any information considered by Users to be confidential is done at their own risk; - that it is the responsibility of Users to take all necessary measures to ensure that the technical characteristics of their smartphone or computer allow the consultation of information; - that it is the responsibility of Users to take all appropriate measures to protect their own data and/or software from contamination by potential viruses circulating through the Application or Website. As a result, Koulier's responsibility cannot be engaged for any inconveniences or damages inherent to the use of the Internet, particularly service interruptions, external intrusions, or the presence of computer viruses. The Services are provided as is and subject to availability. Koulier does not guarantee error-free, uninterrupted, and secure provision of the Services offered via the Website. Koulier is not obligated to provide personalized assistance, particularly technical assistance. Koulier disclaims any express or implied warranty regarding the quality and compatibility of the Website for the use that Users will make of it. It does not guarantee any result or benefit from using the Services offered through the Website. Any technical claim related to the Service can be addressed by the User to the Company via its support service accessible by email: hello@koulier.com
17.1 Obligations of Koulier Koulier undertakes to provide the Services to which the User subscribes in compliance with these TOS. Koulier undertakes to fully and in good faith cooperate with the User and to ensure that it responds to the User's information requests and generally to communicate all necessary information and to connect Koulier's collaborators with any User person involved in the provision of the Services. Koulier undertakes to offer the User the best availability of its Services. This commitment constitutes an obligation of means, which cannot be understood as an absolute guarantee in terms of availability or performance, given the structure of the Internet and its specifics related to online services. 17.2 Obligations of the User (i) Obligation to provide all information and documents required by law and regulations The User undertakes to comply with all obligations set out in these TOS. In particular, the User undertakes to provide on the Website all information and documents necessary for the conclusion of the Domiciliation Contract, in accordance with Article 7.5 of the TOS. The User strictly prohibits the use of the Services to facilitate the violation of applicable laws and regulations by third parties. In the absence of communication of these documents by the User within three (3) months from the signing of the Domiciliation Contract, Koulier will be obliged to inform the Domiciliation Company. The latter may, where applicable, decide to terminate the Domiciliation Contract, which the User is informed of and expressly and irrevocably accepts. (ii) General behavior of Users Users must be over 18 years of age and refrain, during their adherence to these TOS and subsequently in the use of the Services provided to them, from: Communicating incorrect or false information for their registration; Indicating any sensitive information of racial or ethnic origin or relating to political, philosophical, or religious opinions, trade union membership, sexual life, or health, contrary to good morals and the law. Users must ensure that all information subsequently communicated remains correct and refrain from creating or using on the Website, unless authorized, a Customer Space other than their own under their identity and/or that of a third party, being reminded that any identity theft is subject to prosecution and criminal sanctions. If they become aware of the theft of their Identifying Codes by a third party who has accessed their Customer Space, Users undertake to inform the Website administration team via its support service accessible by email: hello@koulier.com Generally, the User undertakes to respect the principles outlined in these TOS and to respect other Users of the Services. 17.3 Reciprocal obligations Generally, the Parties agree to closely cooperate in the performance of their respective obligations and to engage in a permanent exchange of information to contribute to the achievement of the Services and to avoid generating difficulties detrimental to their respective interests. 18. Responsibilities Each Party is responsible for its actions, deeds, commitments, services, and obligations under the Contract. Each Party is responsible for any damage caused by itself and/or its subcontractors to the other Party or third parties due to the performance of the Contract under common law conditions and court jurisprudence. Each Party must do everything possible to minimize the harm they may suffer under these TOS. 18.1 User responsibility The User assumes all risks and perils related to their activities and is solely responsible for the use of the Services provided by Koulier and for compliance with the Terms of Sale and Use in force, including when the Services provided are used by or on behalf of third parties. The User is particularly responsible (a) for the suitability of the Services subscribed to their needs and those of third parties for or on behalf of whom they are used, (b) for the content such as information, data, and other elements transmitted in the context of their subscription to the Services, and (c) for compliance with applicable laws and regulations. 18.2 Koulier's responsibility 18.2.1 Koulier's responsibility cannot, in particular, be engaged on the following grounds: Use by the User of the Services not compliant with the conditions provided in these TOS; Non-performance, failure, malfunction, or unavailability of the Services resulting from a third party (excluding Koulier's subcontractors), the User, or the User's failure to meet their obligations; Loss, disclosure, or illicit or fraudulent use of the User's authentication means by the User or third parties; Inadequacy of the Services to the User's needs (particularly regarding the sensitivity of the data concerned) Koulier excluding any guarantee of adequacy of the Services to the needs of Koulier or any third party; Security incidents related to Internet use, particularly in case of loss, alteration, destruction, disclosure, or unauthorized access to User data or information on or from the Internet. In any event, the total amount of damages to which Koulier could be condemned under the Contract, all causes and damages combined, is expressly and globally limited to the total amount excluding taxes of the sums received by Koulier in the last month preceding the liability-generating event giving rise to compensation. To implement Koulier's liability, the User must prove that Koulier's contractual fault is the direct cause of their damage within one (1) year from the User's knowledge of the damage. It is expressly agreed between the Parties that in the event of the termination of the TOS for any reason, this article will survive.