General Terms and Conditions of Use
These terms and conditions of use (the "Conditions") govern your access to and use of the Citibox Service and Applications, as well as any other software, hardware, additional service, feature associated with the service provided by Citibox that is not accompanied by its own superseding terms and conditions. These Terms and Conditions are made up of the following terms and conditions:
- Terms and Conditions of Service
- Terms and conditions of licence for the use of the Applications
Please read these Terms and Conditions carefully, as by clicking "I Agree", or by downloading, installing and using the Citibox Service, you acknowledge that you have read, understood and agree to all the terms and conditions of these Terms and Conditions.
You affirm that you have the legal authority, capacity, and are of legal age to agree to these Terms, including all referenced terms and conditions in the Legal Notice
Citibox accepts no liability in the event that you have entered false or erroneous data when completing any application or registration form. If you do not agree to all of the terms and conditions of these Terms, or do not have the authority to accept and/or be bound by the terms of these Terms, do not click "I Agree" or download, install or use the Applications.
If you wish to contact us, you can do so by the means at your disposal, specifically through our e-mail address firstname.lastname@example.org.
TERMS AND CONDITIONS OF SERVICE
1. Description of the service
1.1. The service provided by CITIBOX involves providing smart mailboxes available to you so that you can collect your shipments conveniently, in your community and without having to be at home. In other words, we allow carriers ("Courier/s") to deposit your shipments in our mailboxes so that you as a CITIBOX User can conveniently pick up your shipments (hereinafter, the "Service").
2. Access to the Service
2.1. To utilize the service, a mailbox system must be installed within your homeowner's association
2.2. We also advise you to download our application (hereinafter referred to as the "app") from the following links in the Play Store and AppStore for the correct and easy collection of the parcels.
3. Receipt of packages
Users may collect their shipments and be informed by using our app or without it. In case of not using the Apps, the collection system will be as follows:
3.1. Collection system with app: to collect the package deposited in a mailbox, you must download the Citibox Apps and register. Once you have obtained the Apps and are registered, the steps are as follow
i. When the Courier has deposited the package in the mailboxes, you will receive a notification through the means of notifications that a package has been deposited in your favour for collection.
ii. To remove the package from the mailboxes you will have to follow the steps indicated in the Applications in order to obtain the PIN code that unlocks the specific mailbox where the package is located.
iii. When the mailbox is opened, you can pick up the package, and immediately proceed to close the mailbox correctly.
3.2. App-free collection system: even if you don't have an app, it is still possible for a courier to deposit a package in our mailboxes in your name. In this case, and only in the event that you do not use or do not wish to use the Citibox Apps and service, you can open the mailbox to retrieve your package by contacting our customer service centre by the means we make available to you. by the means we make available to you. The procedure is simple, and is as follows:
i. The Courier will have previously registered your telephone number in our Applications so that the package can be left in the mailbox for you to pick it up.
ii. From Citibox, by the means at our disposal, we will send you a notification that you have a package pending collection in one of our mailboxes.
iii. In this notification we will inform you how to pick up your package by contacting our customer service centre.
iv. Once the recovery process via customer service has been completed, we will ask you if you wish to receive deliveries in our mailboxes again or if, on the contrary, you prefer not to receive any deliveries at all. If you select the second option, unless you subsequently register in the Applications, you will not be able to receive deliveries in any of our mailboxes.
3.3. The packages can only be collected from the mailboxes by the persons to whom they are addressed, i.e. the details of the person stated in the shipping information of the order, which must coincide with the details of the registered user or the person registering. In the event that you are unable to collect it, you can contact customer service by the means we make available to you.
3.4. In the event that the user has any incident related to the opening of the mailbox, and if after following the instructions either through the Applications or our customer service, it does not allow the opening of the mailbox, for its final resolution in the last instance, the user must call our customer service centre and must be in front of the mailbox for its resolution and collection of the package.
4. Availability of mailboxes.
4.1. Our mailboxes with electronic locks offer a 24-hour collection service, 7 days a week. These hours may vary depending on the accessibility of the location where our mailbox is located.
5.1. Citibox will not accept C.O.D. shipments, those requiring customs clearance, or any that necessitate additional payment
6. Notice of return due to non-collection:
6.1. If you anticipate that you will not collect the package within the seven (7) day period, you must inform Citibox of this situation through the Citibox application by modifying the collection period or by contacting Citibox Customer Service at email@example.com .
6.2. If you do not collect your parcel on the same day of delivery, you will receive a notice every day for the following SEVEN (7) days by the means available to Citibox - indicating that the parcel is awaiting collection.
6.3. After the seven (7) day deadline indicated above and the various failed notices and contacts made by Citibox, the system will automatically mark the package as in "Return" status; after which the Courier or, failing that, Citibox will proceed to remove the package from the mailbox and deposit it in Citibox's warehouses.
6.4. After one month from the date of delivery of the package in the mailbox and transfer to our warehouses, the package will be at the disposal of Citibox.
7. Amount of the service.
7.1. The parcel reception service is free and unlimited for our users.
8. Prohibited articles:
8.1. The deposit of packages whose contents are contrary to the law or public order is prohibited. Goods or packages whose transport is subject to special provisions are expressly excluded, such as: dangerous goods classified as ADR (aerosols, sprays, lighters, paints, batteries, varnishes, etc.). The following are also considered as prohibited articles: live or dead animals, biological samples, human remains, weapons, air guns, pistols, rifles, replica weapons, ammunition.
8.2. Under the terms of the ADR (Agreement on Dangerous Goods by Road), the exemption of the regime called "Limited Quantities" (hereinafter "LQ") applies to deliveries to Citibox mailboxes within the limits set by the general terms and conditions of the carrier for which the Courier acts, on the understanding that the carrier itself has established terms and conditions compatible with the law. Otherwise, Citibox cannot be held responsible for any problems that may arise.
8.3. Items prohibited or restricted by ICAO (International Civil Aviation Organisation): Stolen items, or any other items of an illegal nature either in the country of origin or destination. Money (including bearer cheques), promissory notes, currency, counterfeit, admitted or collector's items, cheques, foreign currency, stocks or shares, stamps (except those which are franked) not considered to be collectible or antique, medicines or biological samples, perishable goods (expiry date of less than 7 days and/or any goods requiring specific temperature conditions for transport or storage), passports or identity cards or similar documents, gold, silver bullion, drugs, narcotics (provided they are considered illegal), as well as any type of goods that must be kept at a controlled temperature (cold or frozen).
8.4. Finally, packages weighing more than 50 kg will not be accepted.
8.5. Any incidence or liability of any kind arising from the delivery of prohibited items as mentioned above shall not be the responsibility of Citibox.
9.1. Likewise, Citibox reserves the right to photograph and scan the barcode of the packages that are received in its mailboxes, in order to demonstrate their condition in the event of hypothetical future claims and in order to guarantee the correct provision of the service, its security and correct use.
10. Exemption from liability for delays and damages.
10.1. Citiboxes only guard parcels and do not intervene in the previous transport process, so Citibox is not responsible for any damage to the packaging or contents during the transport phase, nor for any delays or delays that other operators or retailers may have incurred.
11. Insurance and liability.
11.1. The insurance contracted by Citibox for the protection of packages placed in Citibox mailboxes will cover a maximum liability equal to an amount of 1.000,00 EUR exclusively for the period that the package remains inside the Citibox mailboxes.
12. Right of withdrawal.
12.1. Citibox is not a party to your contractual relationship with the Courier or Retailer. The right of withdrawal that, where applicable, corresponds to you as a consumer must be exercised before the company with which the product or service deposited in the mailbox was purchased, Citibox not intervening in this matter.
13. Personal data and privacy
13.1. Processing user data is essential for Citibox to deliver its Service. Furthermore, as it is necessary for the correct development of the contractual relationship, Citibox will communicate the identification and contact details of its Users to the courier companies so that they can verify the availability of the delivery and manage any incident that may occur during the development of the service.
13.2. In any case, if you do not agree in whole or in part with the processing of data by Citibox in accordance with our privacy and cookies policy, we ask users to stop using our Services in accordance with the provisions of section 14 below.
14. Cancellation of the Citibox service.
14.1. Once the service has started and the package has been deposited in the mailbox for collection, it is understood that, according to the law, there is no right of withdrawal because the service has been completed.
APPLICATION LICENCE TERMS AND CONDITIONS
Citibox Smart Services, S.L. ("Citibox") is the legal and beneficial owner and licensor of the Citibox Applications through which we provide software services for the receipt of parcels in Citibox mailboxes ("Services"), which we make available to consumers and users ("User/s").
The purpose of the Applications is to serve as a tool for the reception of packages in Citibox mailboxes by their recipients. Access to and browsing of the Applications are free of charge, and acceptance of these conditions is a necessary condition for their use. The Applications are aimed exclusively at consumers or users.
1.1. By using Citibox you grant yourself a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free licence to use its website and app (hereinafter "Apps").
1.2. This licence does not permit you to engage in any of the activities described below, and you agree that your failure to comply with any of the following limitations will constitute an infringement of Citibox's intellectual property rights:
i. you may not sell, license or assign the Citibox Applications or any reproduction or modification thereof to any person or entity;
ii. you may not develop, distribute or host any server or software designed to interact with the Applications or redirect or emulate the communications protocols used by Citibox or develop, distribute or use any third party programs designed to affect the Citibox Applications experience.
iii. you may not copy, translate, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works of the Applications or any part thereof, or permit or authorise any third party to engage in any such activities;
1.3. The licence granted under these terms does not confer title or ownership in the Applications and shall not be construed as a sale of any rights in the Applications. All right, title and interest in and to the Applications are owned by Citibox.
2. Intellectual and industrial property rights
2.1. All intellectual and industrial property rights over the Applications and their contents, including programming, design, applications, graphics, codes, text or images, brands, commercial names, distinctive signs and other elements present therein belong exclusively to Citibox, including brands, or it has sufficient rights and/or authorisations for their exploitation.
2.2. The Applications are currently protected by Spanish and EU intellectual property laws, international treaties and other applicable legislation.
2.3. As a consequence of the above, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of Citibox.
2.4. If you detect any infringement, please notify us by email at firstname.lastname@example.org.
3.1. The use of the Applications is not restricted, however for a full enjoyment of it will be necessary that you are a natural person of legal age in accordance with the provisions of Spanish law, and act as a consumer and user of the Citibox deposit service, as well as that you have Citibox smart mailboxes for the reception of packages installed in your community of owners.
4. Use of Applications
4.1. As a User by using the Applications you agree to:
i. Use the Applications in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
ii. Not to pass on your username and password to unauthorised third parties, and you must immediately notify Citibox of any unauthorised access to such information by an unauthorised party.
iii. Review any communications that Citibox may send you, as they may contain important information.
iv. Not to use the Applications for commercial purposes, in particular to collect information or content for the purpose of providing services that are clearly in competition with Citibox.
v. Do not modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the Applications.
vi. Not to damage, disable, overburden, impair or interfere with the service (or the network(s) connected to the service), or interfere with your use and enjoyment of the service.
vii. Refrain from taking any action that leads to the introduction of computer viruses, worms, Trojan horses or any other kind of malicious code intended to interrupt, destroy or limit the functionality of the Applications.
viii. Do not use reverse engineering techniques and/or decrypt, decompile or use any other system intended to know the source code of Citibox.
ix. In any case, not to carry out any type of act that may violate the rights or interests of Citibox or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets, etc.).
5.1. The Citibox app is provided "AS IS" without warranty, express or implied, of any kind.
5.2. Citibox makes every effort to ensure that the Applications are operational and function properly at all times, but cannot guarantee this; as there are circumstances beyond Citibox's control or which are deemed unforeseeable by us, in which case we assume no liability.
5.3. Despite our continuous effort to protect the systems and contents included in the Applications, for which it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to the intrusions or loss of information that may occur. Similarly, the absence of viruses or other harmful elements in the Applications or in third party websites that may cause alterations in the computer system, both software and hardware, cannot be guaranteed. For this reason, you assume and understand that there are situations that may be beyond Citibox's control.
5.4. The Applications may include links to pages or sites of third parties outside Citibox, for which it does not assume any type of responsibility as it does not approve or review their functions and contents. Users who access any link published on the Applications do so at their own risk and without Citibox assuming any responsibility for it.
5.5. Likewise, Citibox is exempt from any liability arising from misuse of the Applications by Users or their use by unauthorised persons or persons who do not comply with the conditions described herein, as well as for breach of the obligations or commitments assumed by virtue of these conditions or any other applicable conditions.
5.6. The User must have the necessary elements for the correct functioning of the Citibox Applications, including a suitable mobile device and Internet connection, all at their own risk and exclusively at their own expense; therefore, Citibox assumes no responsibility for the consequences arising from errors on your part when verifying compliance with the necessary or recommended technical requirements or in the use of the Applications themselves.
5.7. The User shall indemnify Citibox against any damages, losses or costs incurred or claimed by any third party as a result of the User's misuse of the Applications.
5.8. The User acknowledges that the information and documentation received from Citibox may contain errors, and must inform Citibox as soon as possible so that it can try to solve them, and can give you part of the notice via email: email@example.com
6.1. Citibox may sanction any of its Users who breach these applicable conditions with the impossibility of accessing, temporarily or indefinitely, the Applications. The duration of the sanction will depend on the type of infringement committed. The restriction of access shall in no case entail the right to compensation.
6.2. Any damages, losses, losses or costs (including legal fees and/or solicitors' fees) arising out of any breach by you of the terms and conditions or any other applicable terms and conditions incurred by Citibox shall be borne by you who caused the breach. This includes any third party claims arising from such breaches.
7. Modifications or alterations
7.1. Citibox may change, modify, suspend or remove any aspect of the Applications at any time.
7.2. Citibox may also impose limits on certain features or restrict your access to certain parts or all of the Applications without notice.
7.3. Citibox may apply updates and modifications to the Applications as it deems necessary.
7.4. Updates are essential to correct various deficiencies detected in the use or the incorporation of improvements or modifications to the Applications. To this end, you must accept the necessary updates in order to continue using the Applications.
7.5. Citibox shall not be liable for any deficiencies or errors in its use due to failure to update or modify the Applications, which will be notified through the same and/or its mobile operating system.
8. Withdrawal from the use of the Applications
8.1. You may unsubscribe from the service provided through the Applications by (i) ceasing to browse or use the website; (ii) uninstalling the application downloaded and installed on the device, and/or (iii) in addition, and if applicable, permanently closing your Citibox User account.
COMMON ISSUES APPLICABLE TO THE TERMS AND CONDITIONS APPLICABLE TO THE SERVICE AND APPLICATIONS
1. Period of validity. The Conditions shall remain in force until terminated, and those provisions which by their nature must remain in force after termination of the Conditions shall remain in force after termination.
2. These Terms, which incorporates by reference all documents applicable to it and in this or the Legal Notice referred to herein, constitute the entire agreement between you and Citibox in respect of the Applications and the Citibox service and supersede all previous agreements between us. You also agree to comply with all applicable laws in connection with the Terms.
3.Safeguarding and interpretation. If any of these provisions are declared by any competent authority to be illegal, invalid or unenforceable, it shall be construed as nearly as possible in accordance with the original intention of such provision. In any event, such a declaration in respect of any provision or provisions shall not prejudice the validity of the remaining provisions.
4.Partial invalidity. If any provision of the Terms is declared unlawful or unenforceable, such provision shall be deleted or reinterpreted in a manner favourable to you as a consumer or user of the Citibox Applications and Service. In the event of partial deletion the remaining part in question shall remain in full force and effect.
5.Please note that Citibox would not be able to provide the Applications and the Citibox Service on an arm's length basis without the existence of these Terms. No waiver to enforce or cure a breach of any provision of the Terms shall constitute a waiver to enforce or cure a breach of any other provision of the Terms, whether or not of a similar nature.
6.Language. The language applicable to these Conditions is Spanish. If versions in other languages, such as English, are provided, it will only be as a courtesy and for your convenience. In case of contradiction, the Spanish version will prevail.
7. Applicable law and jurisdiction.
8. The construction, validity and performance of the Conditions and all non-contractual obligations arising therefrom shall be governed by the laws of Spain.
9. Any action or procedure initiated to resolve a dispute arising from the Conditions in the event that you are not a consumer or user will be subject to the jurisdiction of the Courts and Tribunals of Madrid and by accepting this document, you accept this place, renouncing any other applicable jurisdiction or the competence of any other courts and tribunals. On the other hand, if you are a consumer and/or user, the competent jurisdiction may be that of your usual place of residence.
10. Furthermore, if you are a user-consumer, in the event of dissatisfaction or disagreement, you can contact us by e-mail through our customer service channel firstname.lastname@example.org. And if you are not satisfied with the proposed solution, you have the right to file a complaint with the Municipal Consumer Information Office (O.M.I.C.) in your town, or with the Directorate General for Consumer Affairs of your Autonomous Community.
11. You shall also have the right to seek protection through alternative dispute resolution by the authorised dispute resolution entity. In such a case, the User can find the relevant dispute resolution entity at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.
Last update: December 1st 2023