Terms and conditions

USER APP

Citibox Smart Services, S.L. (“Citibox”) is the legal and beneficial owner and licensor of the Citibox app through which we provide software services for the reception of parcels in Citibox mailboxes ("Services"), which we make available to consumers and users ("User/s").

The purpose of this app is to act as a tool for users to collect their parcels from Citibox mailboxes. Access to and browsing of the app is free of charge, and acceptance of these terms and conditions is a necessary condition for its use. The app is intended exclusively for consumers or users.

1. General
   1. These terms and conditions of use (hereinafter the "General Terms of Use" or "TOU") govern the access and use of the Citibox app in any of its versions and of any other software, service or function associated with it provided by Citibox that is not accompanied by its own particular conditions that replace them. These terms and conditions shall also apply generally, to the extent applicable, to services that are not accompanied by specific terms and conditions. 

These TOU are composed of the following terms and conditions:

1. Terms and conditions of license to use the app.
2. Terms and conditions of the service.
3. The other terms and conditions referred to in the Legal Notice such as: (i) privacy policy and (ii) cookies policy.
4. Please read the present TOU carefully, which set out the terms and conditions governing your use of the app. 
5. By clicking "I agree", or by downloading, installing and using Citibox, you acknowledge that you have read, understood and accepted all the terms and conditions of these TOU;
6. You declare that you have the authority and legal capacity, and that you are of legal age, to enter into these TOU (including all specified terms and conditions referred to in the legal notice).
7. Citibox disclaims liability in the event that the user has entered false or erroneous data when filling in any application or registration form. In any case, users are responsible for it.
8. If you do not agree to all of the terms and conditions of these TOU, or do not have the authority to accept these TOU and/or to be bound by the terms of these TOU, do not click "I Agree" or download, install or use the App.
9. If you wish to contact us for any reason in relation to the App, please contact us at atencionalcliente@citibox.com . 
10. Term. This TOU will remain in force until terminated, and those provisions which by their nature must remain in force after the termination of the TOU will remain in force after the termination of the TOU. Users may terminate the TOU at any time by permanently uninstalling the app. Citibox may terminate the TOU at any time at its sole discretion by notifying Users, including, without limitation, by email to the last email address provided by the User.
11. Citibox may update the TOU at its sole discretion, without the need for express prior notice, without affecting any goods or promotions that were purchased prior to the change. If you do not accept the revised version of the TOU, you will no longer be able to use the app. If at any time you are no longer able to comply with the current TOU, the TOU must be terminated in accordance with section 1.8 and you must stop using the app immediately.
12. These TOU, which incorporates by reference all documents applicable thereto and in this or the Legal Notice referred to herein, constitute the entire agreement between the Users and Citibox with respect to the app and the Citibox service and supersede all previous agreements between the Users and Citibox. The User further agrees to comply with all applicable laws in relation to the TOU.
13. Safeguarding and interpretation. If any of these provisions are declared by any competent authority to be illegal, invalid or unenforceable, this shall mean that the provision shall be interpreted as closely as possible to 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.
14. Partial invalidity. Users and Citibox agree that if any provision of the TOU is declared illegal or unenforceable, such provision shall be deleted, in which case the remaining part in question shall remain in full force and effect.
15. Citibox would not be able to provide the Citibox app on market terms without the existence of such limitations. No waiver to enforce or cure a breach of any provision of the TOU shall constitute a waiver to enforce or cure a breach of any other provision of the TOU, whether or not of a similar nature. If any provision is declared invalid by a court or competent regulatory body, such provision shall be deleted, without affecting the validity of the remaining provisions.
16. Language. The language applicable to these TOU is Spanish. If versions in other languages, such as English, are provided, it will only be for the mere courtesy and convenience of the Users. In the event of contradiction, the Spanish version will prevail.
17. Applicable law and jurisdiction.
    1. Any action or procedure initiated to resolve a dispute arising from the TOU shall be subject to the jurisdiction of the Courts and Tribunals of Madrid or the competent courts and tribunals in your domicile in the event that you are a consumer.
    2. If you are a user-consumer, in case of dissatisfaction or disagreement, you can contact us via email through our customer service channel atencionalcliente@citibox.com. And if you consider that you are not satisfied with the proposed solution, you have the right to file a complaint with the Municipal Office of Consumer Information (O.M.I.C.) of your locality, or the Directorate General of Consumer Affairs of your Autonomous Community.
    3. You will also have the right to seek protection through alternative dispute resolution by the authorized 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.     

TERMS AND CONDITIONS OF LICENSE AND USE (EULA)

1. License
   1. By using Citibox you are granted a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free license to use Citibox and a non-exclusive, non-transferable, fully paid-up, royalty-free right to reproduce and use the app.
   2. This license does not permit you to engage in any of the activities described below, and you agree that a breach of any of the following limitations will constitute an infringement of Citibox's intellectual property rights:
      1. you may not sell, license or assign the Citibox app or any reproduction or modification thereof to any person or entity;
      2. you may not develop, distribute or host any server or software designed to interface with the app or to redirect or emulate the communications protocols used by Citibox;
      3. you may not modify the app or any part of it;
      4. you may not copy, translate, reverse engineer, derive the source code, modify, disassemble, decompile or create derivative works of the app or any part thereof or permit or authorise any third party to engage in any such activities;
      5. you may not develop, distribute or use any third-party software designed to affect the experience of the Citibox app.
   3. The license granted under these TOU does not confer title or ownership of the app and shall not be construed as a sale of any rights in the app. All right, title and interest in and to the App are owned by Citibox.
   4. Accordingly, you acknowledge that Citibox is and shall be the owner of all rights in the Citibox app. This app is protected by Spanish and EU intellectual property laws, international treaties and other applicable laws.
2. Intellectual property rights
   1. All intellectual and industrial property rights over the app and its contents, including the programming, design, applications, graphics, codes, text or images, brands, commercial names, distinctive signs and other elements present therein belong exclusively to Citibox, including the brands, or it has sufficient rights and/or authorizations for their exploitation.
   2. 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 with exclusive rights over the affected rights.
   3. If you detect any infringement, please notify us at the e-mail address indicated in the header.
3. Accessibility
   1. The use of the app is reserved for users who are natural persons of legal age in accordance with the provisions of Spanish law, acting in their capacity as consumers and users, who have Citibox smart mailboxes for the reception of parcels.
4. Use of the app

By using the app, the User undertakes to:

1. Use the app in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
2. No to transmit its username and password to unauthorized third parties, and immediately notify the Provider of any access to such information by an unauthorized user.
3. Periodically review this EULA, or any other applicable EULA, for any changes that may be made to it.
4. Review communications sent to him or her by Citibox, as they may contain important information.
5. Not to use the app for commercial purposes, especially to collect information or content for the purpose of providing services that are clearly in competition with Citibox.
6. 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 app.
7. Not to damage, disable, overburden or impair the service (or the network(s) connected to the service), or interfere with its use and enjoyment.
8. Refrain from taking any action that involves the introduction of computer viruses, worms, Trojan horses or any other malicious code designed to interrupt, destroy or limit the functionality of the app.
9. 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.).
10. Not to disseminate content of a racist, xenophobic, pornographic or terrorist nature and/or that violates human rights.
11. Not to carry out illicit activities, contrary to good faith, customs, morality or public order.
12. Liability
    1. The Citibox app is provided "AS IS" without warranty, express or implied, of any kind.
    2. To the extent permitted by applicable law, Citibox assumes no liability in connection with the use of the app.
    3. Citibox makes every effort to ensure that the app is operational and functioning properly at all times, but cannot guarantee this, as there are circumstances beyond Citibox's control or which are deemed to be unforeseeable by us, in which case we assume no liability.
    4. Despite our continuous effort to protect the systems and contents included in the app, 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 app or in third-party websites that may cause alterations in the User's computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may be beyond the control of Citibox.
    5. The app 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 in the app do so at their own risk and without Citibox assuming any responsibility for it.
    6. Likewise, Citibox is exempt from any liability arising from misuse of the same by Users or its use by unauthorized users or users who do not comply with the EULA for this purpose, as well as for breach of the obligations or commitments assumed under this EULA or any other applicable ones.
    7. Citibox assumes no liability for the consequences arising from errors on the part of the User in verifying compliance with the necessary or recommended technical requirements or in the use of the app itself.
    8. 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 app.
    9. 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 resolve them.
    10. The User must have the necessary elements for the correct functioning of the Citibox app, including a suitable mobile device and Internet connection, all at their own risk and exclusively at their own expense.
13. Damages
    1. Citibox may sanction any of its Users who breach the EULA applicable to them, with the impossibility of accessing the app, temporarily or indefinitely. The duration of the sanction will depend on the type of infringement committed. The restriction of access does not entail any right to compensation in any case.
    2. Any kind of damage, harm, loss or cost (including lawyers' and/or attorneys' fees) arising from a breach by the User of the EULA or any other applicable breach incurred by Citibox shall be compensated by the User who caused it. This includes any third-party claims arising from such breaches.
14. Modifications or alterations
    1. Citibox may change, modify, suspend or remove any aspect of the app at any time.
    2. Citibox may also impose limits on certain features or restrict your access to certain parts or all of the app without notice.
    3. Citibox may apply updates and modifications to the app at any time.
    4. Updates are essential to correct various deficiencies detected in the use or the incorporation of improvements or modifications to the app. To this end, you must apply the necessary updates in order to continue using the app.
    5. Citibox will not be liable for any deficiencies or errors in its use due to the lack of application of the update or modification of the app, which will be notified through the app and/or your mobile operating system.
15. Withdrawal from the use of the app.
    1. Users may unsubscribe from the app service by uninstalling the app.

TERMS AND CONDITIONS OF SERVICE (TCS)

1. Description of the service
   1. The App is a computer tool provided free of charge by Citibox to users so that they can access the contents of the lockers that we make available to courier companies or companies that sell products remotely (respectively, the “Courier” or the “Retailer”), in the event that a parcel addressed to the User is deposited by these companies in one of the aforementioned lockers.
   2. Purpose of the app: Opening the specific locker in which the parcel addressed to the User is deposited, where it shall remain temporarily guarded until it is collected. Citibox does not carry out any phase of the transport or storage of the parcel, and therefore, Citibox does not manipulate the goods at any time or allows access to third parties.
2. Access
   1. In order to access one or more lockers through the app, the User must provide a name, email address and telephone number. To do so, the user must freely and voluntarily provide the personal data that will be required.
   2. The user must use his/her real name and may not choose as a name words that are intended to confuse others by identifying him/her as a member of the provider, as well as offensive, abusive and generally contrary to the law or the requirements of morality and decency.
3. Parcel reception
   1. Collection system: To collect the parcel deposited in a mailbox, the user must download the Citibox app and register. Previously, when the courier has deposited the parcel in the mailbox, the user will have received a notification via email, SMS or push notification through the app, that they have a shipment pending collection. To remove the parcel from the mailbox, the user with the app must follow the steps indicated in the app or the mailbox itself in order to obtain the PIN code that unlocks the mailbox.
   2. Collection system without app: even if you don't have the Citibox 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 app 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. The procedure is simple, and is as follows: 
      1. The courier will have previously registered your telephone number on our server in order to leave the package in the mailbox so that you can pick it up.
      2. 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.

In this notification we will inform you how to collect your package, (i) either via the app; or (ii) by contacting our customer service centre; .

Once you contact us, we will respond with instructions on how to retrieve the parcel from the indicated box.

1. Once the recovery process has been completed, we will ask you if you wish to return to receive parcels in our mailboxes or if you prefer not to receive any more. If you select the second option, unless you subsequently register in the app, you will not be able to receive any items in our mailboxes.
2. Only the persons to whom the parcel is addressed will be able to collect the parcels from the lockers, i.e. the details of the person stated in the shipping information of the order must coincide with the details of the registered user or the user who registers. In the event that the User is unable to collect the parcel, he or she may contact customer service.
3. Availability of mailboxes.
   1. Our lockers with electronic locks offer a 24 hour, 7 days a week, collection service. This schedule may be altered depending on the accessibility to the company or the area where our locker is located.
4. Exclusions
   1. Citibox does not accept cash on delivery shipments, or those that require Customs or any other additional payment, and such shall therefore be refused.
5. Notice of return due to non-collection
   1. In the event of not picking up the parcel on the same day of delivery, the user will receive a notification each day that they do not pick up the parcel - by SMS, email or push via the app - indicating that the parcel has not yet been picked up. 
   2. After the various daily notices and contacts made by Citibox since its reception in the locker, the system will automatically flag the parcel as in "Return" status. 
   3. In the event that the user does not collect the parcel from the locker after 7 days from the deposit in the locker, the Courier or, failing that, Citibox may proceed to remove the parcel from the mailbox and deposit it in the Courier or Citibox warehouses for a period of one month. After this period of one month, the parcel will be at the disposal of Citibox, if it had been deposited in Citibox warehouses.
   4. If the user foresees that he/she will not collect the parcel within the period of time that it will remain in the mailbox, 7 days, he/she must inform Citibox by contacting Citibox Customer Service at atencionalcliente@citibox.com .
6. Costs of the service: 
   1. The parcel reception service is free and unlimited for our users.
7. Prohibited items: 
   1.  It is forbidden to deliver shipments whose content is contrary to the law, being the User liable for it, and keeping Citibox exempt from any liability. Goods with special transportation requirements are expressly excluded, such as (but not limited to): Goods rated as ADR (aerosols, sprays, lighters, paints, batteries, varnishes, etc.).
   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.
   3. The following shall likewise be considered as Prohibited Items: 
      1. Animals, dead or alive, biological samples, human remains, weapons, air guns, pistols, rifles, replica weapons, ammunition.
      2. Items prohibited or restricted by ICAO (International Civil Aviation Organisation). 
      3. Stolen items, or any other items of an illegal nature, either in the country of origin or destination. Money (including bearer bonds)/Debenture bonds/ Cash/ Counterfeit cash/ Collectable coins and bills/ Checks/Currency/Shares. Stamps (except those with a postage stamp) not considered as a collectable or antique. Perishable goods (expiration date of less than 7 days and/or any goods that require specific temperature conditions for transport or storage). Passports/ ID cards. Gold or silver ingots. Drugs/Narcotics (illegal).
   4. Finally, parcels weighing more than 50 kg are not be accepted.
   5. Any incident or liability of any kind arising from the delivery of prohibited items according to the above list will not be the responsibility of Citibox.
8. Verification
   1. Citibox also reserves the right to photograph and scan the bar code of the parcels received in its lockers, in order to demonstrate their condition in the event of future claims, and to guarantee the correct provision of the service, its safety and correct use.
9. Liability disclaimer for delays and damage:
   1. Citibox lockers only hold parcels and do not intervene in the previous transport process, therefore Citibox is not liable for damage, both to the packaging and the content during the stage of transport, as well as delays in which other operators or retailers may have incurred.
10. Insurance and liability for parcels:
    1. The insurance contracted by Citibox for the protection of parcels placed in Citibox lockers will cover a maximum liability equal to an amount of 1.000,00 EUR exclusively for the period that the parcel remains inside the Citibox lockers.
11. Right of withdrawal
    1. Citibox is not part of the contractual relationship between the User and the Courier or Retailer. The right of withdrawal that, where appropriate, corresponds to the User in their capacity as a consumer, shall be exercised towards the company with which the product or service deposited in the locker was purchased.
12. Data protection and privacy
    1. The user's personal data is treated in accordance with the privacy and cookies policies.
    2. Likewise, while the Citibox app is running, Citibox may monitor its use in order to develop new or improve the functionalities and utilities of the app and the service.
13. Withdrawal of the Citibox service.
    1. Users may withdraw from the service at any time by unsubscribing from it by the means made available by Citibox.

Welcome to Citibox we are pleased to make the Citibox app available to you.

For this purpose the service provider behind the provision of this app is: 

• CITIBOX SMART SERVICES, S.L.
• Address: Calle Menorca 3, Planta 2º, 28009, Madrid
• TAX ID: B98747561
• Commercial Register of Valencia, Volume: 9982, Folio: 218, Section: 8, Registry Sheet: V 166024, Entry: 1st

Users may establish direct and effective communication with CITIBOX by means of written communication sent to the address indicated above, as well as by any of the following means:

E-mail: atencionalcliente@citibox.com

Please note that access and use of the app implies that you, as a professional user (hereinafter "you" or "courier") understand and accept expressly and unreservedly this legal notice and other applicable terms and conditions, assuming, therefore, all the obligations and rules included in the texts. WE REMIND YOU THAT IN ORDER TO USE ANY OF THE SERVICES THAT WE OFFER YOU, IT IS ESSENTIAL TO HAVE READ, UNDERSTOOD AND ACCEPTED THEM.

On the other hand, it must be taken into account that this document is one of those that form part of the legal texts that regulate important issues such as: 

• the licence to use the app in accordance with the applicable regulations on intellectual and industrial property, through the licence to use the app (hereinafter referred to as the /"EULA")
• the use and navigation of the app, as well as our responsibility as service providers of the information society (Law 34/2002, of Services of the Information Society and Electronic Commerce), and of you as users, in the terms and conditions of use of the app (hereinafter “General Terms of use” or "ToU");
• the use by us, our partners or third parties, of data storage and retrieval devices (cookies), relating to your online behaviour, preferences, navigation through the app, in the cookies policy; 
• the processing of personal data, which identifies or can identify users, in accordance with the applicable regulations, especially Regulation, 679/2016, General Data Protection (hereinafter, RGPD), and the Organic Law, 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, LOPDGDD), development regulations and other notes, reports, or resolutions of the supervisory authorities, European or Spanish, through the privacy policy; 

If at any time the user disagrees with the content of this Legal Notice or any of the other terms and conditions, it is recommended not to use the app, since such use implies that the contents herein are known, understood and accepted in full.

Finally, we warn that users will be informed of any update, extension or modification that may occur in our services or in these terms and conditions, through publication on the Citibox website.

Last update: December 23th 2021