Terms and conditions
TERMS AND CONDITIONS OF THE WEBSITE
freighty.eu
The website operating under the address www.freighty.eu is operated by FREIGHT FORWARDING EUROPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at Rynek 60, 50-116 Wrocław, entered in the National Business Register kept by the District Court for Wrocław Fabryczna in Wrocław, VI Economic Division of the National Court Register under the KRS number: 0000853101, NIP: 8971881763, REGON: 38674446, share capital of PLN 5,000.00 paid in full, hereinafter referred to as "Service Provider".
The Service Provider has designated an electronic point of contact for direct communication with Member State authorities, the Commission, the Digital Services Board: info@freighty.eu. The same contact point can be used by any Customer to communicate directly and quickly with the Service Provider. The Service Provider can also be contacted in writing at its address: Rynek 60, 50-116 Wrocław, using the contact form on the website, via Messenger, WhatsApp or direct messages on Facebook and LinkedIn or by telephone: +48 883 876 286 (Service Provider's working hours: 8 a.m. to 6 p.m. on working days, charge as for an ordinary telephone call, according to the tariff package of the service provider used by the Client). Communication can be conducted in Polish or English.
These Terms and Conditions have been drawn up in the Polish language and subsequently translated. In the event of any discrepancy between the translation and the original version, the Polish version shall always prevail and be binding.
§ 1 GENERAL PROVISIONS
1. The following meaning for words is established:
a) RULES OF PROCEDURE - these Rules of Procedure,
b) CUSTOMER - a natural person, a legal person or an organisational unit without legal personality and with legal capacity, who, under the terms of these terms and conditions, places an Order for Transport on the Website,
c) ENTREPRENEUR WITH CONSUMER'S PRIVILEGES - a natural person with the status of an entrepreneur, entered in the register of CEIDG, making an Order within the framework of his/her business activity, however, without relation to the professional nature of this activity. This status applies exclusively to customers having their place of delivery or registered office in Poland.
d) CONSUMER - A customer who is a natural person using the Website for a purpose not directly related to his/her commercial or professional activity,
e) TRANSPORT SERVICE - a service involving the carriage of the goods in question between the designated starting and ending points to which the Transport Contract relates,
f) TRANSPORT AGREEMENT - a contract for the carriage of the goods in question from the point of origin to the point of termination, concluded between the Service Provider and the Customer, using the Website,
g) SERVICE - the website available at www.freighty.eu through which the Customer can place an Order,
h) TRANSPORT ORDER - a declaration of intent by the Customer specifying unambiguously the type and quantity of goods and the place of departure and destination for the transport, aiming directly at the conclusion of the Transport Contract.
i) INVOICE - an accounting document issued by the Service Provider, which may be issued to the Client in either paper or electronic form in accordance with Article 106e of the Act of 11 March 2004 on Value Added Tax. As part of the provision of Services, the Service Provider may also issue pro-forma invoices.
2. The object of the Website is to sell Transport Services for given products from selected origins to selected destinations and to enable the Customer to place Transport Orders for these services via the Website. The use of this service is possible after registration and logging in of the Customer on the Website or by means of a correctly filled in Transport Order form without logging in. The Service provides a free overview of possible routes with cost estimates on the Website.
3. The conclusion of the Transport Contract takes place via the Internet between the person placing the Transport Order as buyer and the Service Provider.
4. Each Customer purchasing Transport Services offered by the Service Provider on the Site is obliged to read the content of these Terms and Conditions.
5. In order to improve communication for potential and current clients, it is recommended to use the FAQ tab in the first instance.
6. The Service Provider is responsible for ensuring that the Transport Contract is performed at a time, price and standard consistent with the offer reflected on the Website and in accordance with the contract entered into with the Customer.
7. The Customer making the Transport Order is obliged to check each time that the content of the documents sent conforms to the content of the Transport Order and to inform the Service Provider immediately of any inaccuracies or errors detected.
8. The Transport Contract is deemed to have been concluded when payment is made and credited by the Customer.
9. It is forbidden to download data from the Site for the purpose of providing services that compete with those provided by the Service Provider or for the purpose of making them available to competing entities.
10. The terms and conditions of the forwarding order are an integral part of the Transport Order.
§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS
1. Technical requirements necessary to use the services of the Shop:
a) Internet connection,
b) a correctly configured browser,
· Samsung Internet version 10 or later with JavaScript and Cookies enabled, or
· Microsoft Edge version 17 or later with ActiveX, JavaScript and Cookies enabled, or
· Mozilla Firefox version 70 or higher with JavaScript and Cookies enabled, or
· Opera version 60 or higher with Java applets, JavaScript and Cookies enabled, or
· Google Chrome version 70 or later with JavaScript and Cookies enabled, or
· iOS Safari version 12 or later with JavaScript and Cookies enabled.
c) a current, active and correctly configured e-mail account,
d) a monitor with a resolution of no less than 360×640 px for phones, 768×1024 px for tablets and 1366×768 px for computers.
e) Cookies and Java Script enabled
f) a programme for reading PDF files.
2. In the event that the Customer uses hardware or software which does not meet the technical requirements specified above, the Shop does not guarantee the correct functioning of the service and reserves that this may have a negative impact on the quality and course of the Order placement procedure.
3. The Service does not use automated decision-making as part of its operation. Relatively, the Service may use profiling for direct marketing purposes, but the decisions made on the basis of this by the Service do not concern the conclusion or refusal of a contract or the possibility of using electronic services.
4. The Service Provider shall make every effort to ensure that the Site operates continuously without any interruptions. The Service Provider shall make every effort to rectify any possible faults on the Site as quickly as possible. The Service Provider is entitled to introduce possible maintenance interruptions.
5. Any activity that may hinder or destabilise the operation of the Site is prohibited. If the Service Provider discovers that the Client is engaging in such activities, the Service Provider will immediately suspend or delete the account of such Client. In such a situation, the Service Provider will also take any legal action to redress the damage suffered by the Client.
6. For Customers whose accounts have previously been suspended, deleted or blocked, the creation of a new account may require additional consent from the Service Provider.
§3 CONTENT SECURITY
1. It is forbidden for Customers to provide content of an unlawful nature or otherwise not in conformity with the Terms and Conditions. Such content is considered to be, among other things, content that:
a) are incompatible with the subject matter of the Website - contributions should be related to the content appearing on the Website, i.e. matters relating to the products offered and their use;
b) concern technical issues related to the functioning of the Service - technical issues should be reported by Customers electronically to the Service's e-mail address;
c) contain links to other sites or files;
d) are used to carry out unauthorised advertising, promotional or marketing activities, in particular by placing advertisements, selling and promoting products, services, projects or collections.
e) are used to carry out activities prohibited by law, such as attempts to defraud and defraud other buyers;
f) incite or advocate violence against any living creature, including animals;
g) promote any fascist or other totalitarian state system;
h) incite or praise hatred or dangerous behaviour;
i) defame or insult or in any way prejudice the welfare of third parties;
j) contain vulgarities or other content of an offensive nature;
k) violate the applicable legal order or good morals in any other way.
2. In case of violation of the above guidelines, the Website reserves the right to moderate and remove such content without notifying the posting party. Posting the content indicated above on the Website will result in the consequences provided for in these Terms of Service, including even removal of your account from the Website or preventing you from making purchases there.
3. A customer who considers content on the Website to be illegal or in breach of the Terms and Conditions may submit a report to the Website regarding such content. Such a report should be submitted electronically and should include an indication of the specific content, arguments for its removal and the reporting party's identification details. Anonymous appeals will not be considered.
4. Applications will be processed within 14 days of receipt. The Submitter will receive an acknowledgement of receipt of the submission. The Service will notify the Customer of its decision by e-mail or in writing.
5. The Service's decision may be to remove the content or leave it on the Service.
6. The parties may appeal against the decision of the Service within 14 days of receiving the reasons for its removal. The decision on the appeal is final.
§ 4 REGISTRATION
1. Registration on the Website is free of charge and optional.
2. Registration on the Website takes place on the basis of a correctly completed registration form, in which the Customer provides the necessary identification data (first name, surname, address and company data), e-mail address and password; the accepted, current Terms and Conditions of the Website and a declaration of consent to the processing of personal data to the extent necessary for the proper execution of Transport Orders. In addition, the Customer chooses whether he/she wishes to register as an individual or a legal entity. A message confirming the creation of an account will be sent to the Customer's e-mail address provided in the registration form. Upon receipt of the registration confirmation message, the account agreement between the Customer and the Service Provider is concluded.
3. Once the Customer has registered with the Website, logging in takes place using the data provided in the registration form or as amended on the basis of a subsequent request by the Customer. As part of the first login, the Customer is required to complete his/her personal data for the purpose of placing Transport Orders.
4. Registration and login to the Customer's account may also take place by the Customer linking their LinkedIn or Google account to their account on the Service, by clicking the appropriate button in the registration process and following the on-screen instructions from the provider of the linked account for correct registration or login.
5. In order to delete the Customer's account from the Shop (termination of the contract), an e-mail message requesting the deletion of the account should be sent to the e-mail address: info@freighty.eu with the identification details of the Customer currently registered on the Website or select the appropriate option in the account settings. The above does not apply if the Service Provider is in the process of processing a Transport Order placed by the Customer. In such a case, the effect of the termination of the contract shall take place as soon as the Transport Order in question has been completed.
6. The Website allows Transport Orders to be placed without the need to register and log on the Website. To this end, each time during the process of placing a Transport Order the Customer is obliged to complete an electronic form by entering the data required by the Service Provider necessary for his/her identification and the conclusion and execution of the Transport Agreement in accordance with the form on the Site. The Customer is obliged to accept the current Terms and Conditions together with a statement of consent to the processing of personal data for the purposes of the Transport Order. Once such Transport Order has been placed and paid for, the Customer will receive a link at the email address indicated, allowing him to follow the progress of the Transport Agreement.
7. The Service Provider may refuse to allow access to the Website, and access already granted may be withdrawn, if this is justified by the legitimate interests of the Service Provider or other Clients, and in particular in the case of:
a) the conduct by Customers or entities with capital or personal links to them of actions contrary to the generally applicable provisions of law, these Terms of Use or good morals, including the conduct or advertising of activities competitive to the Website;
b) the customer is in arrears with payments;
c) the provision of incomplete, incorrect or misleading information by the Customer,
d) obtain information on pending bankruptcy, arrangement, reorganisation or liquidation proceedings of the Customer,
e) the suspension or closure of the Client's business activities;
8. In the event of reasonable doubt, the Service Provider may make the use of the Portal conditional on the presentation in original or certified copies of documents confirming the User's identification data.
9. Customers are not allowed to use the accounts of other customers or to cede their account to third parties.
§ 5 TRANSPORT ORDER
1. The information on available Transport Services shown on the Website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
2. By placing a Transport Order, the Customer is inviting the Service Provider to conclude a Contract for the Transport of the goods indicated by him to the locations indicated by him. The process of placing a Transport Order begins with the indication of what goods are to be transported, information about them and the indication of the places of commencement and termination of the transport, together with the choice of which vehicle the transport is to take place. The Customer is informed of the expected time of execution of the Transport Order, the availability of a given form of transport, as well as the price and methods of payment. Before placing a Transport Order (by using the "I order transport and pay" button), the Customer confirms that he/she has familiarised himself/herself with these Terms and Conditions, together with consent to the processing of personal data for the purposes of the Transport Order.
3. On the basis of the data indicated in the Transport Order form, the Service Provider verifies whether it is possible to organise the transport of the consignment according to the data indicated by the Customer. In the event of a positive verification, a confirmation of acceptance of the Transport Order is sent.
4. The confirmation sent by the Service Provider of the acceptance of the Transport Order to the e-mail address provided by the Customer constitutes a statement of acceptance of the invitation referred to above. If, prior to the confirmation of the Transport Order ("Order transport and pay" button), the Customer terminates the service in question and leaves the Website, the contract will not be concluded.
5. The assessment of whether a Client who is an entrepreneur registered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Service Provider on a case-by-case basis and on the basis of any statements made by the Client in the course of Ordering Transport.
6. The Customer may make changes to the Transport Order until its status is changed to "In progress", i.e. the Service Provider has started to prepare for its execution. The Customer may also withdraw the Transport Order in its entirety up to this point. In either case, the Customer may do so by sending an appropriate e-mail to the Service Provider's address: info@freighty.eu, and the Service Provider will immediately confirm the modification or withdrawal of the Transport Order. The Order is deemed to have been modified or withdrawn once the Shop has confirmed this in a return message. The Service Provider points out that changes to the Order may involve a change in its cost - in the event of a reduction in the cost of the Order, the Service Provider will refund the overpayment, and in the event of an underpayment, the Customer will be obliged to pay it.
7. The Service Provider stipulates that the withdrawal of a Transport Order after its status has changed to "In progress" is possible but may incur additional costs. These costs for the withdrawal of the Transport Order are as follows:
· More than 72 hours before the scheduled loading date = no additional costs,
· In the period 72 - 24 hours before the scheduled loading date = 1/3 of the freight costs,
· Less than 24 hours prior to the scheduled loading date but prior to departure of the transport vehicle = 1/3 of the freight cost for vehicles up to 3.5t GVW or 2/3 of the freight cost for vehicles above 3.5t GVW (for partial transport 1/3 of the freight cost)
· Less than 24 hours before the scheduled loading date but after the transport vehicle has left = no refund.
The above periods do not include public holidays and Sundays.
8. The Customer has the right to cancel an Order placed without incurring additional costs for this reason, within 30 minutes of its placement, by selecting the appropriate function in the Order panel.
9. In the event that it is not possible to carry out the Transport Order on the part of the Service Provider, the Service Provider will notify the Customer without delay, together with a proposed solution. In this case, the Customer has the right to decide whether he agrees to fulfil the Transport Order within the period proposed by the Service Provider or whether he withdraws from the contract. In the event of withdrawal from the contract, the Service Provider will reimburse the price paid to the Client. If no decision is made within 24 hours of notification, the Transport Order will be cancelled automatically.
10. The Transport Order shall be deemed to be fulfilled at the time of delivery to the consignee designated by the Customer or at the time of the return of the Customer's unclaimed consignment to the Service Provider's warehouse.
11. When stating the contents of the consignment, the Customer has the option of declaring the value of the consignment for an additional fee indicated on the website. The customer is responsible for not declaring the value of the consignment.
12. In the case of consignments whose value has not been declared, the Service Provider's liability for arranging transport of such a consignment is limited to PLN 100.00. This liability exhausts all claims of the Customer in connection with the organisation of transport of such a shipment.
13. For shipments outside the European Union, the transit time quoted does not include customs clearance time. The duration of customs clearance may be prolonged by missing or incorrectly completed documents. The service provider shall not be liable for delays in transit caused by the duration of customs clearance or the documents required for customs clearance.
14. The customer has the option to purchase the service "Monitored car parks". Purchasing such a service by the Customer means that the courier transporting the consignment will stop at monitored car parks only. The exact cost of such a service is indicated on the Site before the Transport Order is made.
15. The Service Provider reserves the right to cancel the Transport Order in the event that the price is miscalculated by the system or if the place or date of collection or delivery, are impossible to be fulfilled. In this case, the Customer will be refunded the amount paid.
16. The price of transport may be subject to change if the Customer provides incorrect information regarding the shipment (e.g. error in weight or dimensions, dates and method of loading and unloading). If the cargo is improperly prepared for shipment and may endanger safety, the carrier may refuse to accept it for transport. In such a case, the customer will be charged for the charges so incurred.
17. The transportation price does not include fees for bridges, ferries, or tunnels. If the route to the place of loading or unloading requires the use of a toll crossing, all such costs will be passed on to the Client.
§ 6 TRANSPORT CONDITIONS
1. The Customer is obliged to print and attach to the consignment the consignment note generated via the Service.
2. Before sending the consignment, the Customer undertakes to pack it carefully and secure it in such a way as to protect it from external influences and so that the consignment does not damage other consignments.
3. Consignments may not contain items designated as prohibited under the law. The Client shall be solely responsible for the consequences of the violation of the above prohibition, in particular he shall pay any additional costs incurred by the Service Provider. If the Client sends a consignment containing prohibited items, the Service Provider is relieved of any responsibility for its loss, loss, damage or delay in its transport.
4. In the event of non-conformity of the consignment with the content of the Transport Order (e.g. unacceptable size, incorrect packaging), the courier receiving the consignment may refuse to accept it or inform the Customer of a price change.
5. The service provider has the right:
1) in the event of a reasonable suspicion that the consignment is the object of a criminal offence or that its contents pose a danger to persons or to the environment, notify the competent services immediately and detain and secure the consignment until it has been examined by those services; or
2) refuse to accept a consignment if it does not meet the conditions specified in the Regulations or if its acceptance and carriage are prohibited under separate regulations.
6. In the event of a defect or damage to the transported consignment that is visible upon receipt, the Client is obliged to immediately report this to the Service Provider. An appropriate damage report is drawn up from the report, which should be made immediately upon delivery or, in the case of non-visible damage, within 7 days of delivery.
7. If delivery proves impossible or the designated recipient refuses to take delivery, the consignment will be returned to the Customer at the Customer's expense.
8. The Service Provider shall have the right to verify the content of the consignment and its actual condition, in particular size and weight, at any stage of transport.
9. The Service Provider shall have the right to check the external condition of the consignment at any time between acceptance and delivery to the consignee indicated by the Customer, in the presence of a representative of the Customer or a third party, in order to verify that the condition of the consignment complies with the details given on the Transport Order form and on the transport documents.
10. The Service Provider shall not be liable if the loss, loss or damage or delay in the performance of the Transport Order arises due to:
1) force majeure;
2) reasons on the part of the customer or the customer's nominated consignee;
3) characteristics of the contents of the consignment;
4) a false, inaccurate or insufficient description by the Customer of the contents of the consignment;
5) the consignment of items excluded from carriage or accepted for carriage under special conditions and the Customer's failure to comply with these conditions;
6) the absence, insufficiency or defectiveness of the packaging of the consignment;
7) particular vulnerability of the contents of the consignment due to defects or natural characteristics;
8) the loading, stowing or unloading of the goods by the customer or the customer's nominated recipient;
11. All damage caused by delay, damage or loss of the Parcels must be duly documented.
12. Liability for exceeding delivery times is limited to three times the freight in the case of domestic transport and to one times the freight (Article 23(5) CMR) in the case of cross-border transport of goods.
13. In the event that the vehicle used to carry out the Transport Order is loaded with a weight greater than that declared, the Customer will be charged for any fines, handling, storage and other costs resulting from the handling.
14. The Service Provider shall only make one attempt to collect the consignment from the Customer and one attempt to deliver the consignment to the designated recipient. If such delivery or collection is not possible, the Transport Order will be cancelled and the Customer will be charged the resulting costs.
15. In the event that delivery is not possible (e.g. recipient unreachable, inaccessible, address incorrect, customer does not indicate a new delivery location for more than 3 hours, etc.), the Service Provider reserves the right to unload the goods at any warehouse at the Customer's expense. If the consignment is deemed undeliverable, the Service Provider also has the right to dispose of it at the Customer's expense.
16. The subject of the Transport Order may not be:
· objects and substances prohibited by law (e.g. drugs, explosives, corpses, etc.),
· cars,
· perishable goods,
· dangerous goods (ADR),
· subject to authorisation and supervision (e.g. SENT),
· requiring raids,
· longer than 13.6 m,
· wider than 2.45 m,
· higher than 3 m,
· top-loaded (requiring a retractable roof),
· of high value or of a value that is difficult to assess such as works of art; cash;
· shipments of which may be classified as waste;
· removal/personal belongings;
· Postal items, courier shipments, and transport between logistics warehouses of online stores (particularly Amazon), as well as transport requiring the installation and use of dedicated applications.
17. The service provider stipulates that loading and deliveries on public holidays and prohibited days may be postponed to the next working day following the holiday or prohibited day.
18. The Service Provider stipulates that the shipment may be delivered to the specific recipient entered within the Transport Order but also to other persons working or residing at the address to which the delivery was ordered.
19. The Service Provider does not undertake Transport Orders involving the exchange of transport pallets.
20. The customer is obliged to organise and pay for customs clearance himself and to indicate the addresses where the driver is to complete the clearance process. Any additional costs involved shall be borne by the customer.
21. In the case of deliveries by car without a lift, the customer is obliged to provide tools for loading or unloading the goods such as a loading ramp or a forklift or other machine.
22. In the case of deliveries by vehicle with a lift, the driver can load and unload goods whose dimensions fit together with the pallet truck on the lift platform (maximum dimensions of a consignment loaded by lift: 120 x 220 cm for a bus of 8 - 10 pallets, and 160 x 240 cm for a solo truck of 14 - 20 pallets. The consignment in this type of loading must have space for the pallet truck to enter freely from both sides), and are no heavier than 600 kg (for a bus of 10 pallets), 700 kg (for a bus of 8 pallets), 800 kg (for a solo truck of 14 - 20 pallets). Shipments loaded and unloaded by lift can only be on a hard, flat surface i.e. asphalt, concrete, paving stones. The driver will not deliver the consignment if the distance from the parking place to the place of collection or delivery of the consignment is more than 30 metres one way or requires the use of a lift or an exit or ramp with an incline of more than 5%.
23. It is forbidden to hand over to the courier carrying out the Transport Order any invoices, confirmations or other documents that constitute trade secrets.
§ 7 TRANSPORT PRICE AND FORMS OF PAYMENT
1. The price stated in the summary of the Transport Order is binding at the time the Customer places the Transport Order. The prices in the summary of the Transport Order are inclusive of VAT (if applicable due to the destination). The price may include an individually calculated discount or rebate granted to the Customer by automated means, which shall be stated in the summary of the Order.
2. The Service Provider provides the Customer with the following payment methods for the Transport Order:
a) Traditional transfer,
b) Electronic payments and payment card payments via ZEN.COM - payment processing is carried out by UAB ZEN.COM, with registered office: Lvivo g. 25-104, Vilnius, Lithuania, registered under the number: 304749651, holding electronic money license No. 35 issued by the Bank of Lithuania on 2018/05/25.
c) deferred payment by bank transfer on the basis of a VAT invoice (only for Clients registered and verified on the basis of their transaction history by the Service Provider).
3. If a Transport Order is made and the payment for this Transport Order has not been credited within 24 hours, the Transport Order shall be cancelled. This does not apply to Transport Orders with deferred payment.
4. Waiting costs are as follows:
a) it is free to wait for loading and/or unloading for a certain period of time:
· 1 hour for loading and 1 hour for unloading for a vehicle up to 3.5 t GVW,
· 2 hours for loading and 2 hours for unloading for a vehicle with a GVW of 3.5 - 40 t.
b) a longer waiting time for loading and/or unloading will be charged extra, unless it is included in the price of the service and a note regarding the extended time for loading and/or unloading is included in the confirmation of the Transport Order,
c) in the event of prolonged loading and/or unloading times, which have not been specified in advance, parking is charged:
· 50€ net for each waiting hour started for a vehicle up to 3.5t GVW,
· 60€ net for each waiting hour started for a vehicle with a GVW of 3.5 - 7.5 t
· 70€ net for each waiting hour started for a vehicle with a GVW of 7.5 - 18 t,
· 80€ net for each commenced waiting hour of a vehicle with a GVW over 18 t.
5. Vehicle downtime costs are as follows:
a) For vehicle downtime through the fault of the customer (e.g. refusal of unloading due to lack of storage space, incomplete documents, overloading or other reasons), the customer will be charged a contractual penalty of respectively:
· 400€ net for each started day of downtime of a vehicle up to 3.5t GVW,
· 500€ net for each started day of downtime of a vehicle with a GVW of 3.5 - 7.5t,
· 600€ net for each started day of downtime of a vehicle with a GVW of 7.5 - 18 t,
· 700€ net for each started day of downtime of a vehicle with a GVW over 18 t.
b) each day of downtime commences at 00:00, the day after the day of unloading specified in the Transport Order.
§ 8 COMPLAINTS
1. The service provider is obliged to duly perform the agreed services.
2. The Client may lodge complaints about non-performance or improper performance of the Service electronically at the e-mail address indicated at the beginning of the Terms and Conditions or in writing to the Service Provider's address.
3. A complaint regarding damage to the parcel or delay in transit can be made within 7 days:
1) in the event of loss of the consignment - calculated from the day on which the customer could have recognised the consignment as lost;
2) in the event of loss, damage or delay in delivery - calculated from the date of delivery to the addressee;
3) in the case of damage that is not externally visible, from the date on which the damage is recorded.
4. Each claim can only relate to one consignment.
5. The Service Provider undertakes to consider the complaint within 14 days from the date on which it was lodged and to inform the Client of the outcome and further proceedings in writing or by e-mail to the e-mail address provided in the complaint or on another durable medium.
6. While a complaint is being processed, the Client is obliged to notify the Service Provider of any change in his or her residential or business address, e-mail address or other electronic means of communication. If this is not the case, the delivery of the response to the complaint and summonses made to the previous address or by the electronic means of communication used to lodge the complaint shall be deemed effective.
7. The Service Provider may call on the Client to provide other documents or information if such documents or information prove necessary to complete the complaint procedure. Additional documents or information should be provided to the Service Provider within 7 days from the date of the request. If the time limit expires ineffectively, the complaint may be referred for consideration without additional documents or information, which may result in the inability to consider the complaint as requested by the Client. The above also applies to any other deficiencies within the complaint identified by the Service Provider.
8. As part of the claim, the Customer should include the following information:
1) Customer identifiable data (name, address, company name, company details),
2) the number of the advertised consignment;
3) the grounds for the complaint;
4) the bank account number for the payment of the compensation or other claim;
5) description of the contents of the consignment;
6) a description of how it was packaged;
7) the dimensions and weight of the consignment;
8) photo documentation;
9) indicate whether the consignment has been labelled with stickers or other messages suggesting special handling, e.g. "with care";
10) enclose a waybill and a damage report and copies of other documents relating to the nature and amount of the claim.
9. The information indicated in points 2 and 4 above should be given for each transport document separately.
10. If the complaint is not upheld in whole or in part, the customer may appeal the complaint decision.
11. The Customer may also lodge a complaint about the functioning of the Service or a proposal to change its functionality.
12. In the case of a complaint as defined above, it should include the following details:
1) Customer's name;
2) contact details: telephone number or e-mail address;
3) a description of the problem giving rise to the complaint.
13. Complaints regarding the operation of the Service will be dealt with no later than 14 days from the date the complaint was sent.
14. The Client acknowledges and accepts that filing a complaint in no way relieves the Client from the obligation to pay the Service Provider the fees and other amounts due for the services provided. It also does not entitle the Client to make any deductions from its obligations to the Service Provider.
§ 9 RIGHT OF WITHDRAWAL
1. The Customer, who is a Consumer or Entrepreneur with consumer rights, may withdraw from the contract without giving any reason within 14 days from the date of receipt of the delivery. He or she should then make a declaration of withdrawal electronically or via the relevant functionality of the Website. The deadline shall be deemed to have been met if the Consumer or Entrepreneur with consumer rights sends the withdrawal declaration electronically to the Service Provider's e-mail or selects the corresponding function within the Website, no later than on the last day of the 14-day period. The Service Provider shall, upon receipt of the withdrawal declaration by electronic means to the aforementioned e-mail or by means of the functionality of the Website, confirm its receipt without delay. Any declaration of withdrawal submitted after the aforementioned deadline shall have no legal effect.
2. The right of the Consumer or Entrepreneur on the consumer's right of withdrawal does not apply if the subject of the Order, among other things, is a contract:
· for the provision of services for which the consumer is liable to pay the price, where the trader has supplied the service in full with the consumer's prior and explicit consent and the consumer has been informed before the performance of the service by the trader that he will lose his right of withdrawal after the trader has provided the service and has acknowledged it;
· for the provision of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service;
4. In the event of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights shall be transferred to the Consumer or Entrepreneur with consumer rights without delay, but no later than within 14 days from the day on which the Service Provider receives the withdrawal declaration.
5. Payments made by payment card or electronic transfer shall be reimbursed to the bank account from which the payment was made, unless the Customer expressly gives a different reimbursement instruction prior to the reimbursement that does not generate additional costs for him/her (e.g. in the declaration of withdrawal).
§ 9 PROTECTION OF PERSONAL DATA
The provisions concerning the protection of Customers' personal data by the Seller can be found in the Privacy and Cookies Policy posted on the Shop's website.
§ 10 COPYRIGHT
1. All copyrights, trademarks and other intellectual property rights associated with or relating to the Website belong to the Service Provider and are protected by law.
2. These Terms and Conditions and all content posted on the Website, including photos and descriptions, are subject to copyright as defined by the Act on Copyright and Related Rights of 4 February 1994 and are protected by law. Any copying, duplication, distribution or elaboration of them, in whole or in part, by any methods, devices, techniques, without written consent of the Service Provider is prohibited.
3. The use of the Website under the Terms and Conditions and the account agreement does not imply the acquisition by the Customer of any intellectual property rights in the Website and its elements.
4. In particular, it is forbidden to copy, modify and electronically or otherwise transmit the Site or any part of it, without the Service Provider's prior written consent; to use the Site in a manner inconsistent with the Terms and Conditions, the account agreement or generally applicable regulations; to destroy, damage, delete or alter IT, textual and graphical data on the Site or otherwise interfere with its operation; to download the contents of the Site, in particular databases, and to reuse them in whole or in part, without the Service Provider's prior written consent.
5. If the Client is found to be in breach of these provisions, irrespective of other rights provided for in the Regulations, the Service Provider shall be entitled to impose a contractual penalty on the User in the amount of PLN 50,000.00 (fifty thousand zlotys) for each found breach of these provisions. The above does not exclude the possibility of claiming compensation exceeding the amount of the reserved penalty.
§ 11 FINAL PROVISIONS
1. A VAT invoice or other billing document in accordance with applicable tax legislation shall be issued for each Transport Order. The VAT invoice shall be delivered electronically to the e-mail address provided by the Customer or in traditional form together with the Transport. Acceptance of the Rules constitutes at the same time the consent to send invoices in electronic form, as well as to store and make available to the tax authority or tax inspection authority these invoices, in accordance with Article 106e of the Act of 11 March 2004 on Value Added Tax. Invoices will be sent to the e-mail address provided by the Client indicated during registration, and the Client declares that in the event of a change of this address he will inform the Service Provider.
2. The applicable law is Polish law. Disputes arising between the Client and the Service Provider will be settled by the court having jurisdiction over the Service Provider's registered office. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Poland.
3. In the event of any discrepancy between the content of the Terms and Conditions and the provisions contained by the Service Provider and the Client in the content of individual contracts for the provision of services, the provisions of these contracts shall prevail.
4. Unless otherwise agreed, these Regulations provide otherwise or mandatory legal provisions provide otherwise, the following provisions shall apply additionally and in this order to contracts for the provision of transport services, including ancillary and auxiliary services in domestic transport:
· Germany: latest version of the German standard terms and conditions for freight forwarders (ADSp). The ADSp do not apply to transactions with consumers within the meaning of §13 BGB.
· Austria: Standard terms and conditions of the Austrian shippers (AÖSp) in their latest version.
· France: General Conditions of Sale (CGV) in their latest version.
· United Kingdom: BIFA Standard Terms of Business as amended
· Netherlands: Fenex regulations in their latest version
· Belgium: Algemene Belgische Expeditievoorwaarden in its latest version
· Italy: Condizioni Generali di Trasporto in its latest version
· Spain: Condiciones Generales de Contratación del Transporte de Mercancías por Carretera in its latest version
· Sweden: NSAB in its latest version
· Denmark: Danske Speditørers in its latest version
· Finland: latest version of the Finnish General Forwarding Rules
· Portugal: General conditions for transport and logistics in their latest version
· Poland: OPWS (General Polish Forwarding Conditions) in its latest version
And also the correspondingly applicable provisions of § 459, 407 et seq. HGB (German Commercial Code), as well as the CMR (Convention on the Contract for the International Carriage of Goods by Road) in respect of cross-border and domestic transports not mentioned above.