Regulations and terms of service

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TERMS OF USE OF SPEEDPACK.COM.PL

COURIER PLATFORM

Dear Customer,

thanku you for visiting our website as made available at https://speedpack.com.pl (hereinafter: “Speedpack”, “Service” or “Website”).

Speedpack is a courier platform enabling the customer to order courier and transportation services. The courier and transportation services for the route Poland-Ireland-Poland are provided by us independently, whereas in case of other routes (both in the territory of Poland and abroad) we act as a courier broker. In the latter case, the transport agreement itself is concluded by the Customer and the courier and is performed thereby. The courier is then a partner of Speedpack and a third party in relation to the Service owner.

The formula of the present terms of use provides for setting out general rules and terms of using the Website, in particular rules and terms, upon which the placement of orders, conclusion and performance of agreements made via Speedpack shall take place.

In the event of making a decision to use Speedpack, the present terms shall in particular regulate the rules of using the Website, including the issues of our responsibility. The terms shall apply in the event of lack of other stipulations between us.

We invite you to read our terms of use and place your orders.

Speedpack Team

1) ABOUT US

The owner of Speedpack is Krzysztof Kwiatkowski running economic activity under the business name Speedpack, entered into the Companies Registration Office Ireland under the number 429839, having: place of business and service address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland, electronic mail address: kontakt@speedpack.com.pl, contact telephone numbers: +44 20 3608 7474,+353 1 697 2177, +48 54 4219 191.
The service provider runs the Website and is responsible for the correct provision of the Website Service and Electronic Services, including for the correct work of the Order Form and provision of courier and transportation services for the route Poland-Ireland-Poland. As part of the Website, aside from the Service Provider, there are also Couriers – third parties in relation to the Service Provider, with whom the Customer enters into the Transport Agreement via the Website. The Courier is each time indicated on the Website – during the placement of the Order.
The controller of the personal data processed on the Website in connection with the performance of the provisions of the present Terms of Use is the Service Provider. The personal data is processed for purposes within the scope and on the basis of the principles and principles set out in the privacy policy published on the Website. The privacy policy contains, above all, the rules regarding the processing of the personal data by the Controller on the Website, including the bases, purposes and scope of the personal data processing and the right of persons who this data applies to as well as the information with respect to the application of cookies and analytical tools on the Website. The use of the Website is voluntary. Similarly, the provision of personal data by the user of the Website is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the agreement and statutory obligations of the Service Provider).

2) DEFINITIONS

The definitions as used in the present Terms of Use shall mean the following:
1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
2. ORDER FORM – an Electronic Service, an interactive form available on the Website, enabling the Customer to place the Order, in particular by selecting the type of package and other additional services falling within the scope of the Transport Agreement.
3. CUSTOMER, SERVICE USER – (1) a physical person having full capacity to perform acts in law, and in cases provided for in the generally applicable provisions also a physical person having limited capacity to perform acts in law; (2) a legal person; or (3) an organisational unit not having legal personality, to which the act grants legal capacity; – who entered or intends to enter into the Transport Agreement with the Courier or uses or intends to use the Electronic Service.
4. CIVIL CODE – the Civil Code (Act) of 23 April, 1964 (Journal of Laws No. 16, item 93 as amended).
5. ACCOUNT, CUSTOMER ACCOUNT – an Electronic Service, marked with an individual electronic mail address (e-mail address) and password as provided by the Service User a set of resources in the Service Provider’s ICT system, in which the data as provided by the Service User and information on the Orders placed thereby on the Website is gathered
6. COURIER – a third party in relation to the Service Provider, being a party to the Transport Agreement and indicated on the Website during the Order placement. The Courier shall be selected by the Customer during the Order placement from among the options available on the Website. The Courier shall each time enter into and perform the Transport Agreement within the scope of its economic activity.
7. TRANSPORT LAW – the Transport Law Act of 15 November, 1984 (Journal of Laws No. 53, item 272 as amended).
8. NEWSLETTER – an Electronic Service, an electronic distribution service rendered by the Service Provider via electronic mail which enables all the Service Users benefiting therefrom to automatically receive from the Service Provider cyclical content of subsequent newsletter editions, containing the information on the latest products and promotions on the Website.
9. TERMS OF USE – the present Terms of Use of the Website.
10. COURIER’S TERMS OF USE – the Courier’s terms of use setting out general terms and conditions of the Transport Agreement. The terms of use of the couriers available on the Website are available on the Couriers’ websites and are indicated in Appendix no. 1 to the present Terms of Use.
11. WEBSITE, SERVICE, SPEEDPACK – a website of the Service Provider available at https://speedpack.pl.
12. TRANSPORT AGREEMENT – an agreement for non-gratuitous provision of services regarding the carriage of a package (including its acceptance, transport and delivery) by the Courier or Service Provider, performed within the scope of the activity of its enterprise and upon the terms and conditions as stipulated therein. The Transport Agreement shall be concluded in accordance with the Order as previously placed by the Customer and upon the terms and conditions as contained in the present Terms of Use and the Courier’s Terms of Use.
13. COOPERATION AGREEMENT – an agreement concluded outside the Website between the Service Provider and the Customer, setting out separate, in relation to the Terms of Use, terms and conditions of cooperation, in particular within the scope of payment by reason of the Website Services. To matters not provided for in the Transport Agreement, the present Terms of Use shall apply.
14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider for the benefit of the Service User via the Website in accordance with the Terms of Use.
15. WEBSITE SERVICE, SERVICE – an intermediary service in placing the Order with the Courier by the Customer and concluding the Transport Agreement between the Customer and the Courier, provided by the Service Provider.
16. SERVICE PROVIDER – Krzysztof Kwiatkowski running economic activity under the business name Speedpack, entered into the Companies Registration Office Ireland under the number 429839, having: place of business and service address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland, electronic mail address: kontakt@speedpack.com.pl.
17. CONSUMER RIGHTS ACT, ACT – the Consumer Rights Act of 30 May, 2014 (Journal of Laws of 2014, item 827 as amended).
18. ORDER – the Customer’s declaration of will as submitted via the Order Form and aimed directly at concluding the Transport Agreement with the Courier via the Service Provider or concluding the Transport Agreement directly with the Service Provider.

3) ABOUT SPEEDPACK

Speedpack is a courier platform enabling the customer to order courier and transportation services. The courier and transportation services for the route Poland-Ireland-Poland are provided by us independently, whereas in case of other routes (both in the territory of Poland and abroad) we act as a courier broker. In the latter case, the transport agreement itself is concluded by the Customer and the courier and is performed thereby. The courier is then a partner of Speedpack and a third party in relation to the Service owner.
The couriers available on the Website are the following:
1. UPS Polska Sp. z o.o. with a registered seat in Warsaw (seat address: 01-222 Warszawa, ul. Prądzyńskiego 1/3), REGON: 010771280, NIP: 5221004200, KRS no. 0000036680.
2. General Logistics Systems Poland Sp. z o.o. with a registered seat in Głuchów (seat address: ul. Tęczowa 10, Głuchowo, 62-052 Komorniki), REGON: 631058749, NIP: 7851561831, KRS no. 0000005009.
3. DHL Express (Poland) Sp. z o.o. with a registered seat in Warsaw (seat address: 02-823 Warszawa, ul. Osmańska 2), REGON: 012005407, NIP: 5270022391, KRS no. 0000047237.
4. FedEx Express Polska Sp. z o.o. with a registered seat in Warsaw (seat address: 00-526 Warszawa, ul. Krucza 16/22), REGON: 01061225, NIP: 5261005306, KRS no. 0000037973.
5. DPD Polska sp. z o.o. with a registered seat in Warsaw (seat address: 02-274 Warszawa, Mineralna 15), REGON: 012026421, NIP: 5260204110, KRS no. 0000028368.
6. Poczta Polska S.A. with a registered seat in Warsaw (seat address: 02-274 Warszawa, ul. Rodziny Hiszpańskich 8), REGON: 01068496, NIP: 5250007313, KRS no. 0000334972.

4) ORDER PLACEMENT, TRANSPORT AGREEMENT CONCLUSION

It is not necessary for the Customer to previously log into the Customer Account on the Website in order to place the Order. The Order placement is also possible without having an Account on the Website. However, in the case of placing an Order by the Customer logged in to the Customer Account, they shall have information about Orders placed on the Website. Having an Account and logging into it is not necessary for the Customers who have a signed Cooperation Agreement – in this case they may use other conditions provided for in the Cooperation Agreement.
The conclusion of the Transport Agreement between the Customer and the Courier shall take place according to the following plan:

The Customer places the Order for a package and other services that are to be subject of the Transport Agreement in accordance with the present Terms of Use and the Courier’s Terms of Use via the Order Form.
Upon the Order placement (the Customer clicking the “Submit order” box in the Order Form), immediate confirmation of its receipt and simultaneous acceptance for performance takes place – in this moment the Transport Agreement between the Customer and the Courier/Service Provider is concluded or – depending on the route type – Service Agreement between the Customer and the Service Provider.The confirmation of the Order receipt and acceptance for performance takes place by posting the information on the Website in the appropriate Customer Account bookmark – in case of the Customer logged into the Customer Account and, in addition, the confirmation is sent via electronic mail to the address provided by the Customer.

The Order placed via the Order Form must contain at least – in accordance with the information as posted on the Website: details of the sender and recipient of the package (name and surname/company name, address of dispatch and receipt – street, house/flat number, postal code, municipality, electronic mail address, contact telephone number), details of the package (depending on the Courier selected – package type, number of packages, package dimensions, package weight, special features of the package), additional information for the Courier.
The Customer shall be obliged to provide details concerning the package in accordance with the factual circumstances. The Customer providing dimensions, weight or other details incompatible with the factual circumstances may result in an obligation to pay additional cost on the side of the Customer in accordance with the Courier’s Terms of Use unless the provision of details incompatible with the factual circumstances stems from the circumstances, for which the Customer is not responsible.
The Order placed by the Customer shall be compatible with the Terms of Use of the Courier as selected by the Customer. In the event of lack of compatibility, the Courier may refuse or withhold the performance of the Order in accordance with its Courier Terms of Use. In such case, the Customer shall have the possibility of direct contact with the Courier for the purpose of determining further procedure of the Transport Agreement performance in accordance with the Courier’s Terms of Use. As part of the Website Service, the Service Provider shall ensure necessary support to the Customer in the correct Transport Agreement performance.
Recording, securing and giving access to the content of the Transport Agreement concluded shall take place by (1) making the present Terms of Use available on the Speedpack website and (2) sending the message which is referred to in item 4.2 hereof.

5) WEBSITE SERVICE, TRANSPORT AGREEMENT, PERFORMANCE DATE

the Website service as rendered by the Service Provider. The Website Service shall cover non-gratuitous intermediary activities in placing the Order with the Courier by the Customer and conclusion of the Transport Agreement between the Customer and the Courier. The Service Provider shall be obliged to perform the Website Service without defects. The Website Service shall be rendered immediately upon the Order placement by the Customer.
The Transport Agreement shall be concluded between the Customer and the Courier as selected thereby via the Website and upon the terms and conditions as indicated in the Order, the present Terms of Use and the Courier’s Terms of Use. The subject of the Transport Agreement as concluded between the Customer and the Courier/Service Provider shall be the services as selected by the Customer in the Order, concerning the package carriage (including its acceptance, transport and delivery), rendered by the Courier/Service Provider and performed within the scope of the activity of its enterprise. The carrier shall be obliged to perform the Transport Agreement without defects.
The Transport Agreement performance date shall be compatible with the Courier’s Terms of Use or information provided to the Customer by the Service Provider during the Transport Agreement conclusion.
The beginning of the run of the Transport Agreement performance period shall be counted of the day of the Service Provider’s bank account or current account being credited, and, in case of payment in cash on delivery or in cash upon the receipt at the Courier’s pick-up centre – of the Transport Agreement conclusion day.
The Service Provider shall make available to the Customer on the Website the possibility of obtaining the information on the Transport Agreement performance status and the possibility of the Customer tracking the packages sent.

6) PAYMENT FOR THE USE OF THE WEBSITE

The use of the Website Service shall be payable and shall also cover the remuneration due to the Courier/Service Provider by reason of the Transport Agreement concluded, including also addtional costs in accordance with the Courier’s Terms of Use that may arise as a result of the Customer providing package details incompatible with the factual circumstances.
The Customer shall be obliged to settle the costs by reason of the Website Service. The Customer’s obligation to pay the costs of the Website Service shall arise upon the Transport Agreement conclusion.
The costs of Website Service as presented on the Speedpack site shall be stated in the Polish zlotys and include taxes. Of the joint Costs of the Service along with taxes as well as any other potential costs, and, if it is impossible to determine the amount of those charges, of the obligation to pay the same, the Customer shall be notified on the Website during the Order placement via the Order Form – always prior to the Transport Agreement conclusion (that is before the Customer expresses willingness to be bound by the agreement).
The payment by reason of the Website Service shall be made to the Service Provider. The Service Provider shall provide the Courier with the remuneration due to it by reason of the Transport Agreement concluded in the event that the Service Provider acts as a broker.
Below are presented payment methods and dates for the Customers who do not have the Cooperation Agreement or who place the Order without being logged into their Customer Account. In case of the Customers who have the Cooperation Agreement concluded, the payment methods and dates are stipulated in the Cooperation Agreement.
The Website shall make available the following payment methods by reason of the Website Service:
1. payment in cash on delivery upon package pick-up;
2. payment in cash upon personal pick-up at the Courier’s pick-up centre;
3. payment via conventional transfer (the Customer shall receive the account number upon the Order placement to the electronic mail address provided);
4. payment via electronic payments and payments by pay card as made available on the Website. The settlement of transactions made by means of electronic payments and pay card is carried out according to the Customer’s choice:
  1. via Dotpay.pl website. The service of electronic payments and payments by pay card is run by: DOTPAY S.A. with a registered seat in Kraków, at ul. Wielicka 72, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the Register of Entrepreneurs under the KRS no. 0000296790, kept by the District Court for Kraków-Śródmieście in Kraków, the 11th Commercial Division of the National Court Register (KRS), share capital PLN 4,000,000.00, paid-up capital PLN PLN 4,000,000.00 or
  2. via PayPal.com website – PayPal (Europe) S.a r.l. & Cie, S.C.A., 22–24 Boulevard Royal, L-2449, Luxembourg.
  3. via RealexPayments. website – Pay and Shop Limited company, seat address and service address: The Observatory, 7-11 Sir John Rogerson’s Quay, Dublin 2, Ireland, entered into the Companies Registration Office Ireland under the number: 324929.
The Customer shall choose the payment method during the Order placement via the Order Form.
The Customer shall be obliged to effect the payment by reason of the Website Service immediately upon the Sale Agreement conclusion, not later than within seven days of its conclusion.
The commencement of the Transport Agreement performance – according to item 5.4 hereof – may be contingent upon the Customer effecting the payment.

7) WAYBILL

The Service Provider shall make a waybill available to the Customer in accordance with the beginning of the Transport Agreement performance time as indicated in item 5.4 hereof.
Making the waybill available to the Customer shall take place by sending it in PDF format to the Customer’s electronic mail address as provided during the Order performance and making it available for download as part of the Customer Account.
The Customer shall be obliged to print out, permanently fix on the package and transfer personally or via the third person indicated to the Courier the waybill as made available to them by the Service Provider.
In the event that the Customer fails to print out the waybill provided to them by the Service Provider, they shall be obliged to issue or direct the Courier to issue a waybill in accordance with the waybill provided to them by the Service Provider (in particular, pay attention to the details of the sender and recipient and additional indications and statements regarding the shipment – for example, a pickup option), and then place it permanently on the package and hand it over to the Courier personally or by a designated third party.

8) CUSTOMER’S OBLIGATIONS IN CONNECTION WITH THE TRANSPORT AGREEMENT

The Customer being a party to the Transport Agreement shall be obliged to pay the price by virtue of the same and to reimburse the expenses and charges that the Courier/Service Provider paid or bore for the purpose of the proper performance of the Transport Agreement in accordance with the Customer’s Order. Of the joint Costs of the Service along with taxes as well as any other potential costs, and, if it is impossible to determine the amount of those charges, of the obligation to pay the same, the Customer shall be notified on the Website during the Order placement via the Order Form – always prior to the Transport Agreement conclusion.
The Customer shall be obliged to pay the costs borne by the Service Provider or the Courier as a result of the Customer providing details incompatible with the factual circumstances in the Order, unless the provision of the details incompatible with the factual circumstanes stems from the circumstances, for which the Customer is not responsible.
The payments which are referred to in item 8.1 and 8.2 hereof shall be pursued from the Customer by the Service Provider as part of the Website Service.
The Customer shall be obliged not to send via the Website packages constituting dangerous goods within the meaning of the Dangerous Goods Carriage Act of 19 August, 2011 (Journal of Laws No. 227, item 1367 as amended).
The Customer shall be obliged to cooperate upon the Transport Agreement, in particular to:
1. provide in the Order details compatible with the factual circumstances, in particular with respect to the type, weight and dimensions of the package and the place of delivery,
2. prepare the package for carriage, issue and (in case of packages heavier than 31.5 kg) loading personally or by a third person indicated to the Courier/Service Provider of a properly packed package (that is in a condition enabling the correct carriage and issue of the same without shortage and damage) at the address indicated in the Order,
3. print out, permanently fix on the package and transfer personally or via a third person indicated to the Courier/Service Provider the waybill as made available to them by the Service Provider,
4. notify, if possible, the recipient of the package planned, including of the obligation to ensure, in case of such necessity, the conditions for the package unloading,
5. notify the recipient of its right to demand from the Courier/Service Provider documented determination of the package condition and the circumstances of the damage occurence if, before the package issue, it turns out that it has sustained shortage or damage,
6. notify the recipient of the right to demand from the Courier/Service Provider immediately upon the damage detection, not later, however, than within 7 days of the package pick-up, documented determination of the package condition if, upon the package issue shortage or damage impossible to spot from outside upon the receipt was detected,
7. issue personally or by a third person indicated to the Courier/Service Provider of any and all documents necessary due to customs, tax and administrative provisions.
8. The Customer shall be obliged to secure the package in accordance with the packing instructions as available on the Service Provider’s website at the address: https://www.speedpack.com.pl/jak-pakowac.html.

9) CONTACT WITH US

The basic form of current distance communication with you shall be electronic mail (e-mail: kontakt@speedpack.com.pl) and conventional mail (DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland), by means of which you shall exchange information with us concerning the Website use.
In case of the Customers not being consumers, the persons making contact in the matter of the Order or relevant agreement on your part shall be treated as duly authorised to act on your behalf with respect to a given Order or relevant agreement.

10) THINGS EXCLUDED FROM TRANSPORT

1. The Service Provider shall not accept for transport packages containing or suspected of containing the following:
1. money, securities, payment documents, valuable objects (jewellery, antiques, works of art, numismatics etc.),
2. chemical substances and their mixtures (legal highs), biologically active goods that may cause a health or human life hazard or property damage,
3. psychotropic substances and psychoactive drugs,
4. tobacco products and alcohol as well as other goods covered by excise duty,
5. firearms, ammunitions, explosives or inflammables,
6. perishable goods and goods requiring special transportation conditions,
7. animals and plants whose carriage is forbidden under the applicable provisions of the law,
8. human or animal remains,
9. other goods which due to their properties may constitute a health hazard for persons in contact with the same or that may damage or destroy other packages.
10. other goods whose carriage is forbidden under separate provisions.
11. any type of sculptures (excluded in standard packages)
In case of the Customer, being the package sender, infringing upon the aforementioned item, the Service Provider shall be authorised to demand from the Customer the payment of liquidated damages in the amount of fivefold of the receivables arising under the Transport Agreement.

11) INSURANCE OF THE SERVICE PROVIDER AND THINGS EXCLUDED FROM THE INSURANCE

As part of the carriage service as rendered by it, the Service Provider ensures insurance for each package up to the amount of EUR 300.
The following packages shall be excluded from the insurance:
1. containing electronic equipment which was not packed into the original carton box,
2. attached to each other and collectively packed,
3. packed in a manner that is incompatible with the Service Provider’s guidelines (plastic bags, bags, suitcases) and generally adopted rules of packing, preventing other packages from damage,
4. containing fragile and delicate objects, such as glass, stoneware, porcelain, lamps, excluding those objects which are packed in original manufacturer packaging suited to the courier road transport (unless they make up a part of a collective package).
5. porcelain, brass sculptures etc.

12) COMPLAINTS CONCERNING TRANSPORT

The basis and scope of the Courier’s responsibility towards the Customer by reason of the Transport Agreement are provided for in the generally applicable provisions of the law, in particular in the Civil Code and in the Courier’s Terms of Use.
The Customer may submit any complaints related to the Transport Agreement directly to the Courier or via the Service Provider. In that latter case, the complaint may be submitted, for example, via electronic mail to the address: kontakt@speedpack.com.pl. As part of the intermediation in the submission of the complaint related to the Transport Agreement as concluded with the Courier, the Service Provided shall act on behalf of the Customer and, on their behalf, submit the complaint to the Courier in accordance with the Courier’s Terms of Use. In such case, the complaint shall be processed by the Courier directly.
In the event that the Service Provider acts as a carrier, the complaint must meet the following conditions:
1. The complaint may be submitted by a person authorised within the meaning of the Carriage Law.
2. The complaint must be submitted in writing.
3. The complaint must contain the following:
  1. complaint preparation date;
  2. name and surname (name) and place of residence (seat) of the carrier;
  3. name and surname (name) and place of residence (seat) of the person submitting the complaint;
  4. complaint title and justification;
  5. number of the package which the complaint applies to;
  6. amount of the claim (separately for each shipping document);
  7. listing of the documents attached;
  8. signature of the person authorised to submit the complaint.
  9. full photographic documentation of the packaging, security measures applied and content of the package if the complaint concerns shortages or damage.
4. The complaint must be accompanied by the attached, according to the subject of the claim, original copies of documents concerning the transport agreement conclusion (in particular waybill) and certified copies of other documents related to the type and amount of the claim. The complaint must contain a description of the situation and claim of the person authorised.
The Service Provider shall provide a response to the complaint immediately, not later, however, than within 30 days of the day of its submission.

13) WITHDRAWAL FROM THE AGREEMENT

The present section of the Terms of Use shall apply to the Customers being consumers only.
The right to withdraw from a remote agreement shall not apply to a consumer with respect to the agreements (1) for provision of services in terms of accommodation, other than for residential purposes, carriage of things, cars hire, catering, services related to leisure, entertainment, sports or cultural events if the date or period of rendering the service was stipulated in the agreement; (2) for provision of services if the entrepreneur performed the service fully upon the express consent of the consumer who was notified, prior to the service commencement, that upon the service satisfaction by the entrepreneur they shall lose the right to withdraw from the agreement; (3) in which the subject of the service is a non-prefabricated thing, produced in accordance with the consumer’s specification or serving to satisfy their individualised needs; (4) for provision of digital content which is not saved on a material carrier, if the service satisfaction commenced upon the consumer’s express consent prior to the lapse of the agreement withdrawal time limit and informing them by the Seller on the loss of the right to withdraw from the agreement.
Subject to item 11.2 hereof, the consumer who entered into a remote agreement may, within 14 calendar days, withdraw from the same without stating the cause and bearing any costs subject to the exception as referred to in the subsequent sentence. In case of a service whose performance – upon the consumer’s express request – commenced prior to the lapse of the time limit for withdrawal from the agreement, the consumer, who exercises the right to withdraw from the agreement, upon submitting such a request, shall have the obligation to pay for the satisfied service until the moment of withdrawing from the agreement. The amount of the payment shall be calculated in proportion to the scope of the service satisfied, while taking into account the price or remuneration as stipulated in the agreement. If the price or remuneration are excessive, then the basis for calculating the amount shall be the marekt value of the service satisfied.
In order to observe the time limit for withdrawal from the agreement, it suffices to send the statement before its lapse. The statement on withdrawal from the agreement may be submitted to the Courier directly, or the consumer may benefit from the Service Provider’s intermediation. In the latter case, the statement may be submitted, for example: in writing: to the address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland or electronically via electronic mail to the address: kontakt@speedpack.com.pl.
The run of the time limit for withdrawal from the agreement shall commence for an agreement, in performance of which the entrepreneur issues the thing, being obligated to transfer its ownership – from the consumer or a third party indicated thereby other than the carrier taking the thing into their possession, in case of an agreement which: (1) covers many things which are delivered separately, in lots or in parts – from taking the last thing, lot or part into possession, or (2) consists in regular delivery of the thing for a definite time – from taking the first thing into possession. For the remaining agreements, the run of the time limit for withdrawal from the agreement shall commence as of the day of the agreement conclusion.

14) OUT-OF-COURT WAYS OF PROCESSING COMPLAINTS AND PURSUING CLAIMS AND PRINCIPLES OF ACCESS TO THOSE PROCEDURES

The present section of the Terms of Use shall apply to the Customers being consumers only.
The detailed information on the buyer’s, being a consumer, possibility of benefiting from the out-of-court ways of processing complaints and pursuing claims as well as the principles of access to those procedures is available at the seats and on the websites of poviat (municipal) consumer rights advocates, social organisations, the statutory tasks of which involve consumer rights protection, Provincial Inspectors of Trade Inspection, and at the following online addresses of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php oraz http://www.uokik.gov.pl/wazne_adresy.php.
The consumer may obtain free-of-charge assistance in the matter of resolving a dispute, benefiting from the aid of the poviat (municipal) consumer rights advocate or of a social organisation, the statutory tasks of which involve consumer protection (inter alia, the Federation of Consumers, the Society of Polish Consumers).
At the address http://ec.europa.eu/consumers/odr, a platform for online dispute resolution between consumers and entrepreneurs at the EU level is available (ODR platform). The ORD platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs aiming for an out-of-court resolution of a dispute regarding contractual obligations arising from an online sale agreement or services agreement.

15) PROVISIONS CONCERNING ENTREPRENEURS

The present section of the Terms of Use shall apply to the Customers not being consumers.
In the event of a delay in the payment, including the payment of an advance, the Service Provider and the Courier reserve themselves the right to refuse to enter into subsequent agreements and to withhold the performance of agreements already concluded until the due payments are effected, which shall not result in any claims with respect to the Courier and the Service Provider on the side of the Customer.
The Service Provider and the Courier shall have the right to withdraw from the Transport Agreement and Website Service as entered into with the Customer not being a consumer within 14 calendar days of its conclusion date. In such case, the withdrawal from the agreement may take place without stating the cause and shall not result in any claims with respect to the Service Provider and the Courier on the side of the Customer not being a consumer.
In the event of occurence of any contentious issues related to the Website Service or Transport Agreement, the Customer shall not be entitled to withhold the payment or its part. Any potential settlements arising from the contentious issues shall take place only upon the parties’ jointly agreeing on their position.
The Service Provider and the Courier shall not bear any responsibility for any discrepancies in the waybill as issued by the Customer or Courier independently, in the event that the Customer failed to use the waybill as made available thereto by the Service Provider. The Customer shall bear responsibility for the compliance of the content of the waybill as issued independently or by the Courier with the waybill as made available thereto by the Service Provider (in particular this applies to the details of the sender and recipient and additional indications and statements regarding the package, for example, the cash on delivery option).
Any delay or failure to meet the terms and conditions of the Website Service performance by the Service Provider, or the Transport Agreement by the Courier shall not form the grounds for the Customer to withdraw from the agreement or to demand damages for any losses suffered or other equivalent payments if the non-performance or improper performance of the agreement was caused by factors, for which the Service Provider or the Courier is not responsible and to the occurence of which they did not contribute.
The Service Provider and the Courier shall bear responsibility towards the Customer, regardless of its legal basis, up to the amount of the price paid by reason of the Website Service, subject to, however, that in the event that the Courier’s Terms of Use provide for other limitations, then the amount of the responsibility shall be limited in accordance with the Courier’s Terms of Use. The Service Provider and the Courier shall only bear responsibility towards the Customer for typical and actually borne losses as predictable upon the conclusion of the agreement, excluding lost gains.

16) ELECTRONIC SERVICES ON THE WEBSITE

The following electronic services are available on Speedpack: the Order Form and the Account. The Electronic Services are free of charge.
The Order placement via the Order Form shall take place upon the joint performance of the two subsequent steps – (1) upon the Order Form completion as made available on the Website and (2) clicking the “Submit order” action box – until this moment there shall be a possibility of independent modification of the data entered (for this purpose one must follow the messages displayed and information available on Speedpack website). In the Order Form, it shall be necessary for the Customer to provide the details as indicated in clause 4, item 3 hereof.
The Order Form Electronic Service shall be rendered free of charge, subject to, however, that in the event of concluding the Transport Agreement as a result of Order placement, the Customer shall be obliged to effect the payment by reason of the Website Service upon the principles as described in the Terms of Use. The Order Form Electronic Service shall be on a one-off basis and shall terminate upon the Order placement with its use or upon the prior discontinuation of the Order placement with its use by the Service User.
The use of the Customer Account shall be possible upon the Customer jointly performing the three subsequent steps – (1) completing the registration form (2) clicking the “Register” action box and (3) confirming their willingness to create the Account by clicking the confirmation link as sent to the electronic mail address provided. In the registration form, it shall be necessary for the Service User to provide the following details: name and surname/company name, address (street, house/flat number, postal code, municipality, country), electronic mail address, contact telephone number and password. In case of the Service Users not being consumers, it shall also be necessary to provide the company name and the tax identification number (NIP).
The Customer Account Electronic Service shall be rendered free of charge, subject to, however, that in the event of concluding the Transport Agreement during the Customer Account use, the Customer shall be obliged to effect the payment by reason of the Website Service upon the principles as described in the Terms of Use. The Customer Account Electronic Service shall be rendered for an indefinite period. At any given time and without stating the cause, the Service User shall have the possibility of deleting the Account (resigning from the Account) by sending an appropriate request to the Service Provider, in particular via electronic mail to the address: kontakt@speedpack.com.pl or in writing to the address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland.
The use of the Newsletter shall take place upon the provision of the electronic mail address, to which subsequent Newsletter editions are to be sent, in the bookmark or box regarding the Newsletter as visible on the Website and clicking the action box.
1. The Newsletter Electronic Service shall be rendered free of charge for an indefinite period. At any given time and without stating the cause, the Service User shall have the possibility of unsubscribing from the Newsletter (resigning from the Newsletter) by sending an appropriate request to the Service Provider, in particular via electronic mail to the address: kontakt@speedpack.com.pl or in writing to the address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland.
The technical requirements necessary to work with the ICT system as used by the Service Provider are the following: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) recommended minimal screen resolution: 1024×768; (5) enabling in the web browser the Cookies saving function and Javascript support.
The Service User shall be obliged to use Speedpack in a manner that is compatible with the law and good practices, while respecting personal interests as well as copyrights and intellectual property of the Service Provider and third parties. The Service User shall be obliged to enter data compatible with the factual circumstances. The Service User shall be subject to the ban on providing illegal content.
Any complaints related to the performance of the electronic services by the Service Provider as well as other complaints related to Speedpack operation (except for the Transport Agreement complaint procedure which is described in section 10 hereof) may be submitted, for example, in electronic form via electronic mail to the address: kontakt@speedpack.com.pl or in writing to the address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland.

17) FINAL PROVISIONS

The agreements as concluded through Speedpack are made in the Polish language.
The Service Provider reserves itself the right to introduce changes to the Terms of Use due to significant causes, namely: change to the provisions of the law; change to the scope or form of the Electronic Services rendered, change to the Couriers – insofar as those changes affect the performance of the present Terms of Use.
1. In the event of concluding, under the present Terms of Use, any agreements of continuous nature (e.g. rendering an Electronic Service – the Customer Account) the terms of use modified shall be binding upon the Service User if the requirements as stipulated in art. 384 and 384[1] of the Civil Code were met, that is the Service User was properly notified of the changes and did not terminate the agreement within 30 calendar days of the notification. In the event that the change to the Terms of Use resulted in introducing any new fees or increasing the current ones, the Service User, being a consumer, shall have the right to withdraw from the agreement.
2. In the event of concluding, under the present Terms of Use, agreements of other nature than the continuous agreements (e.g. the Transport Agreement), the changes to the Terms of Use shall in no way affect the acquired rights of the Service Users/Customers being consumers before the date of the changes to the Terms of Use entry into force, in particular changes to the Terms of Use shall have no effect on the Orders already placed or submitted and Transport Agreements concluded, performed or completed.
To matters not provided for in the present Terms of Use, the generally applicable provisions of the Polish law shall apply, in particular: the Civil Code; the Carriage Law, the Act on Rendering Electronic Services of 18 July, 2002 (Journal of Laws of 2002 No. 144, item 1204 as amended); the Consumer Rights Act and other relevant provisions of the generally applicable provisions.

18) WITHDRAWAL FROM AGREEMENT FORM TEMPLATE (SCHEDULE NO. 2 TO THE CONSUMERS’ RIGHTS ACT)

Withdrawal from agreement form template

(this form is to be completed and sent only in the event of desire to withdraw from the agreement)

– Addressee:

_____________________________________________________________

[please, provide here the entrepreneur’s name, full postal address and e-mail address if available]

– I/We(*) hereby inform of my/our(*) withdrawal from the agreement for sale of the following things(*) the agreement for delivery of the following things(*) the agreement for performance of a specific task consisting in the performance of the following things(*)/for provision of the following service(*)
– Date of agreement conclusion(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is to be sent in paper version)
– Date

* Strike whichever is inapplicable.

APPENDIX NO. 1 – THE COURIERS’ TERMS OF USE

The Terms of Use of the Couriers available on the Website:

UPS Polska Sp. z o.o. – General Terms and Conditions of Services of UPS
GLS Poland Sp. z o.o. – Terms and Conditions of Services Rendered by General Logistics Systems
DHL Express (Poland) Sp. z o.o. – DHL Express Terms and Conditions
FedEx Express Polska Sp. z o.o. – Terms and Conditions of Carriage For Domestic Services
DPD Polska sp. z o.o. – Terms and Conditions of Rendering Services in Domestic Trade
Poczta Polska S.A. – Terms and Conditions of Rendering Universal Services

Thank you for a careful read!

In case of any questions, we are always at your disposal – please, contact your assistant directly or by using the details as provided in the introduction.

We invite you to cooperate with us,