Regulamin serwisu SpeedPack.com.pl

PLATFORMA KURIERSKA

Drogi Kliencie,

1) O NAS

1. The owner of Speedpack is Krzysztof Kwiatkowski operating a business under the name Speedpack, registered with the Companies Registration Office Ireland under number 429839, with: business address and address for service: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland, email address: kontakt@speedpack.com.pl, phone numbers: +44 20 3608 7474, +353 1 697 2177, +48 54 4219 191.
2. The Service Provider operates the Website and is responsible for the proper provision of the Website Service and Electronic Services, including the proper functioning of the Order Form and for the provision of courier-transport services on the Poland-Ireland-Poland route. In addition to the Service Provider, Couriers also operate on the Website – these are third parties in relation to the Service Provider, with whom the Client concludes a Transport Contract via the Website. The Courier is indicated on the Website each time – during order placement.
3. The controller of personal data processed on the Website in connection with the implementation of the provisions of these Terms is the Service Provider. Personal data is processed for the purposes, to the extent, and on the basis of the principles set out in the Privacy Policy published on the Website. The Privacy Policy contains primarily the rules for the processing of personal data by the Controller on the Website, including the basis, purposes, and scope of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools on the Website. Use of the Website is voluntary. Similarly, the provision of personal data by a Website user is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of a contract and statutory obligations of the Service Provider).

2) DEFINICJE

1. Definitions used in these Terms mean:
   1. BUSINESS DAY – any day from Monday to Friday excluding public holidays.
   2. FORMULARZ ZLECENIA – an Electronic Service, an interactive form available on the Website enabling the Client to place an Order, in particular by selecting the type of shipment and other additional services within the scope of the Transport Contract.
   3. CLIENT, SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity; - who has entered into or intends to enter into the Transport Contract with the Courier or who is using or intends to use an Electronic Service.
   4. KODEKS CYWILNY – ustawa kodeks cywilny z dnia 23 kwietnia 1964 r. (Dz. U. Nr 16, poz. 93 ze zm.).
   5. KONTO, KONTO KLIENTA – an Electronic Service, a set of resources in the Service Provider's ICT system, identified by an individual email address and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them on the Website are stored
   6. KURIER – a third party in relation to the Service Provider who is a party to the Transport Contract and indicated on the Website during Order placement. The Courier is selected by the Client during Order placement from options available on the Website. The Courier concludes and performs the Transport Contract within the scope of their business activity.
   7. PRAWO PRZEWOZOWE - 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 provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent newsletter editions containing information about new products and promotions on the Website.
   9. REGULAMIN – niniejszy regulamin the Website.
   10. REGULAMIN KURIERA – the Courier's terms and conditions setting out the general terms of the Transport Contract. The terms and conditions of couriers available on the Website can be found on the Couriers' websites and are listed in Appendix No. 1 to these Terms.
   11. SERWIS INTERNETOWY, SERWIS, SPEEDPACK – the Service Provider's website available at https://www.speedpack.ie.
   12. UMOWA PRZEWOZU – a contract for the paid provision of services relating to the transport of a shipment (including its acceptance, movement, and delivery) by the Courier or Service Provider performed within the scope of its business activities and on the terms specified therein. The Transport Contract is concluded in accordance with the Order previously placed by the Client and on the terms contained in these Terms and the Courier's Terms.
   13. COOPERATION AGREEMENT - an agreement concluded outside the Website between the Service Provider and the Client, specifying cooperation terms separate from the Terms, in particular regarding payment for Website Services. In matters not regulated by the Cooperation Agreement, these Terms shall apply.
   14. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Terms.
   15. WEBSITE SERVICE, SERVICE – a mediation service in placing an Order by the Client to the Courier and concluding a Transport Contract between the Client and the Courier, provided by the Service Provider.
   16. SERVICE PROVIDER – Krzysztof Kwiatkowski operating a business under the name Speedpack, registered with the Companies Registration Office Ireland under number 429839, with business address and correspondence address: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland, email address: kontakt@speedpack.com.pl.
   17. USTAWA O PRAWACH KONSUMENTA, USTAWA – ustawa z dnia 30 maja 2014 r. o prawach konsumenta (Dz.U. 2014 poz. 827 ze zm.).
   18. ZLECENIE – a declaration of intent by the Client made via the Order Form, aimed directly at concluding a Transport Contract with the Courier through the Service Provider or at concluding a Transport Contract directly with the Service Provider.

3) O SERWISIE SPEEDPACK

1. Speedpack is a courier platform enabling the client to order courier-transport services. We provide courier-transport services for the Poland-Ireland-Poland route ourselves, while for other routes (both within Poland and internationally) we act as a courier broker. In the latter case, the transport contract is concluded by the Client with the courier and performed by them. The Courier is then a Speedpack partner and a third party in relation to the Website owner.
2. Kurierami dostępnymi w Serwisie Internetowym są:
   1. UPS Polska Sp. z o.o. with registered office in Warsaw (registered address: 01-222 Warszawa, ul. Prądzyńskiego 1/3), REGON: 010771280, NIP: 5221004200, KRS number 0000036680.
   2. General Logistics Systems Poland Sp. z o.o. with registered office in Gluchow (registered address: ul. Tęczowa 10, Głuchowo, 62-052 Komorniki), REGON: 631058749, NIP: 7851561831, KRS number 0000005009.
   3. DHL Express (Poland) Sp. z o.o. with registered office in Warsaw (registered address: 02-823 Warszawa, ul. Osmańska 2), REGON: 012005407, NIP: 5270022391, KRS number 0000047237.
   4. FedEx Express Polska Sp. z o.o. with registered office in Warsaw (registered address: 00-526 Warszawa, ul. Krucza 16/22), REGON: 01061225, NIP: 5261005306, KRS number 0000037973.
   5. DPD Polska sp. z o.o. with registered office in Warsaw (registered address: 02-274 Warszawa, Mineralna 15), REGON: 012026421, NIP: 5260204110, KRS number 0000028368.
   6. Poczta Polska S.A. with registered office in Warsaw (registered address: 02-274 Warszawa, ul. Rodziny Hiszpańskich 8), REGON: 01068496, NIP: 5250007313, KRS number 0000334972.

4) PLACING AN ORDER, CONCLUDING A TRANSPORT CONTRACT

1. To place an Order, the Client does not need to log in to their Client Account on the Website. Orders can also be placed without having an Account on the Website. However, if an Order is placed by a Client logged into their Client Account, they will have information about Orders placed on the Website within their Account. Having an Account and logging in is necessary for Clients with a signed Cooperation Agreement – only in such cases can they use the different terms provided by the Cooperation Agreement.
2. Zawarcie the Transport Contract między Klientem i Kurierem ma przebieg według następującego schematu:
   1. The Client places an Order for a shipment and other services to be the subject of the Transport Contract in accordance with these Terms and the Courier's Terms via the Order Form.
   2. After placing an Order (the Client clicking the „Place Order” button in the Order Form), immediate confirmation of receipt and acceptance for processing follows – at this point, a Transport Contract is concluded between the Client and the Courier/Service Provider or – depending on the route type – a Service Agreement between the Client and the Service Provider.Confirmation of receipt and acceptance of the Order for processing is provided by placing information on the Website, in the appropriate tab of the Client Account – for Clients logged into their Account, and additionally confirmation is sent via email to the address provided by the Client.
3. An Order placed via the Order Form should contain at least – in accordance with information provided on the Website: sender and recipient data (full name/company name, pickup and delivery address - street, building/apartment number, postal code, city, email address, contact phone number), shipment data (depending on the selected Courier - shipment type, number of shipments, shipment dimensions, shipment weight, special characteristics of the shipment), additional information for the Courier.
4. The Client is obliged to provide shipment data in accordance with the actual facts. The Client providing dimensions, weight, or other data inconsistent with the actual facts may result in the Client being obliged to pay additional costs in accordance with the Courier's Terms, unless the provision of inaccurate data results from circumstances for which the Client is not responsible.
5. The Order placed by the Client should comply with the Terms of the Courier selected by the Client. In case of non-compliance, the Courier may refuse or suspend Order execution in accordance with their Courier Terms. In such a case, the Client may contact the Courier directly to determine the further procedure for performing the Transport Contract in accordance with the Courier Terms. The Service Provider, as part of the Website Service, provides the Client with necessary support for the proper performance of the Transport Contract.
6. Recording, securing, and making available the content of the Transport Contract is done by (1) making these Terms available on the Speedpack website and (2) sending the message referred to in section 4.2 of the Terms.

5) SERVICE, TRANSPORT CONTRACT, DELIVERY TIMEFRAME

1. The Website Service is provided by the Service Provider. The Website Service includes paid mediation in placing an Order by the Client to the Courier and concluding a Transport Contract between the Client and the Courier. The Service Provider is obliged to perform the Website Service without defects. The Website Service is provided immediately after the Order is placed by the Client.
2. The Transport Contract is concluded between the Client and the Courier selected by them via the Website and under the terms indicated in the Order, these Terms, and the Courier's Terms. The subject of the Transport Contract concluded between the Client and the Courier/Service Provider are the services selected by the Client in the Order relating to the transport of the shipment (including its acceptance, movement, and delivery) provided by the Courier/Service Provider and performed within the scope of their business activity. The Carrier is obliged to perform the Transport Contract without defects.
3. The delivery timeframe of the Transport Contract is in accordance with the Courier's Terms or information provided to the Client by the Service Provider during the conclusion of the Transport Contract.
4. The delivery timeframe of the Transport Contract starts from the day the Service Provider's bank account or settlement account is credited, and in the case of cash on delivery or cash payment at the Courier's collection point – from the day the Transport Contract is concluded.
5. Speedpack is liable only for actual, proven losses incurred by the Client as a result of non-performance or improper performance of the Service or Additional Services, i.e. excluding lost profits, gains, or income of the Client or third parties, unless caused by intentional fault Speedpack.
6. In the event of delay in delivery of a domestic commercial Parcel, if the Client proves that damage resulted therefrom, Speedpack (or any of the subcontractors performing the service) is obliged to pay compensation in the actual amount of the damage incurred, but not exceeding twice the fee for the Service with which they were late.
7. In the event of delay in delivery of an international commercial Parcel, if the Client proves that damage has resulted therefrom, Speedpack (or any of the subcontractors performing the service) is obliged to pay compensation in the actual amount of the damage incurred, but not exceeding the fee for the Service with which they were late.
8. Filing a complaint does not release the Client from the obligation to pay amounts due for services provided by Speedpack.
9. The Service Provider provides the Client on the Website with the ability to obtain information about the status of the Transport Contract and the ability to track shipments sent by the Client.

6) FEES FOR USING THE ONLINE SERVICE

1. Use of the Website Service is subject to a fee and also includes remuneration due to the Courier/Service Provider under the Transport Contract, including additional costs in accordance with the Courier's Terms that may arise from the Client providing shipment data inconsistent with the actual facts.
2. The Client is obliged to pay the fees for the Website Service. The Client's obligation to pay the Website Service fees arises at the time of concluding the Transport Contract.
3. Website Service fees displayed on the Speedpack website are quoted in Polish zloty and include taxes. The Client is informed about the total Service Costs including taxes and any other costs, or where such fees cannot be determined, about the obligation to pay them, on the Website during Order placement via the Order Form - always before concluding the Transport Contract (i.e. before the Client expresses the will to be bound by the contract).
4. Payment for the Website Service is made to the Service Provider. The Service Provider transfers to the Courier the remuneration due under the Transport Contract, when the Service Provider acts as a broker.
5. Below are the payment methods and deadlines for Clients without a Cooperation Agreement or placing an Order without being logged into their Client Account. For Clients with a Cooperation Agreement, payment methods and deadlines are specified in the Cooperation Agreement.
6. Serwis Internetowy udostępnia następujące sposoby payment tytułem Website Service:
   1. cash on delivery payment upon parcel collection;
   2. cash payment upon personal collection w punkcie odbioru Kuriera;
   3. bank transfer payment tradycyjnym (numer rachunku Klient otrzyma po placing an Order na podany adres email);
   4. payment via electronic payments and card payments available on the Website. Rozliczenia transakcji paymentami elektronicznymi i card payment przeprowadzane są zgodnie z wyborem Klienta:
      1. via the Dotpay.pl platform. Electronic and card payments are handled by: DOTPAY S.A. with registered office in Krakow, at ul. Wielicka 72, 30-552 Krakow, NIP 6342661860, REGON 240770255, entered in the register of entrepreneurs under KRS number 0000296790, maintained by the District Court for Krakow-Srodmiescie in Krakow, XI Commercial Division of the National Court Register, with share capital of PLN 4,000,000.00, paid-up capital of PLN 4,000,000.00, or
      2. via the PayPal.com platform – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. kondygnacja 22–24 Boulevard Royal, L-2449, Luxembourg.
      3. via the RealexPayments.com platform – Pay and Shop Limited company, registered office and correspondence address: The Observatory, 7-11 Sir John Rogerson’s Quay, Dublin 2, Ireland, registered with the Companies Registration Office Ireland under number: 324929.
7. The Client selects the payment method during Order placement via the Order Form.
8. The Client is obliged to make payment for the Website Service immediately after concluding the Sales Agreement, no later than seven days from its conclusion.
9. The commencement of Transport Contract execution may depend on the Client's payment – zgodnie z pkt. 5.4 Regulaminu.

7) LIST PRZEWOZOWY

1. The Service Provider makes the waybill available to the Client in accordance with the start of the Transport Contract delivery timeframe indicated in section 5.4 of the Terms.
2. The waybill is made available to the Client by sending it in PDF format to the Client's email address provided when placing the Order and by making it available for download in their Client Account.
3. The Client is obliged to print, permanently attach to the shipment, and hand over personally or through a designated third party to the Courier the waybill provided by the Service Provider.
4. In the event that the Client does not print the waybill provided by the Service Provider, the Client is obliged to independently issue or require the Courier to issue a waybill with content consistent with the waybill provided by the Service Provider (in particular, attention should be paid to accurately including the sender and recipient details and additional instructions and declarations regarding the shipment - for example, cash on delivery options), and then to permanently affix it to the shipment and hand it over personally or through a designated third party to the Courier.

8) CLIENT OBLIGATIONS RELATED TO THE TRANSPORT CONTRACT

1. The Client who is a party to the Transport Contract is obliged to pay the price thereunder and to reimburse the expenses and charges that the Courier/Service Provider has incurred or borne for the proper performance of the Transport Contract in accordance with the Client's Order. The Client is informed on the Website about the total Service Costs including taxes, as well as any other costs, and where the amount of such charges cannot be determined - about the obligation to pay them, during the placement of an Order via the Order Form - always before concluding the Transport Contract.
2. The Client is obliged to pay costs incurred by the Service Provider or Courier as a result of the Client providing inaccurate data in the Order, unless the provision of inaccurate data results from circumstances for which the Client is not responsible.
3. The Client is obliged to cover the costs of a so-called "failed pickup" at the sender's address when the shipment handover does not take place due to the sender's fault - the fee is €8
4. Payments referred to in sections 8.1 and 8.2 of the Terms are collected from the Client by the Service Provider as part of the Website Service.
5. The Client is obliged not to send via the Website shipments constituting dangerous goods within the meaning of the Act on the Transport of Dangerous Goods of 19 August 2011 (Journal of Laws 2011 No. 227, item 1367, as amended).
6. Klient is obliged do współdziałania przy wykonywaniu the Transport Contract, in particular is obliged do:
   1. providing accurate data in the Order, in particular regarding the type, weight, and dimensions of the shipment and delivery location,
   2. preparing the shipment for transport, handing over and (for shipments heavier than 31.5 kg) loading personally or through a designated third party to the Courier/Service Provider a properly packed shipment (that is, in a condition enabling proper transport and delivery without loss or damage) at the address specified in the Order,
   3. printing, permanently attaching to the shipment, and handing over personally or through a designated third party to the Courier/Service Provider the waybill provided by the Service Provider,
   4. notifying the recipient where possible about the planned shipment, including the obligation to ensure, where necessary, conditions for unloading the shipment,
   5. informing the recipient of their right to request from the Courier/Service Provider a formal determination of the shipment condition and the circumstances of the damage, if before delivery of the shipment it becomes apparent that it has suffered loss or damage,
   6. informing the recipient of their right to request from the Courier/Service Provider immediately after discovering damage, no later than within 7 days of receipt of the shipment, a formal determination of the shipment condition, if after delivery of the shipment, loss or damage that was not externally visible at the time of receipt is discovered,
   7. handing over personally or through a designated third party to the Courier/Service Provider all documents required by customs, tax, and administrative regulations.
   8. The Client is obliged to secure the shipment in accordance with the packing instructions available on the Service Provider's website at: https://www.speedpack.ie/jak-pakowac.html.
   9. In the event of improper or non-compliant packing of the shipment by the client, Speedpack may secure the shipment charging from €10 to €20 depending on the amount of packing materials used.

9) KONTAKT Z NAMI

1. The primary form of ongoing remote communication with you is email (e-mail: kontakt@speedpack.com.pl) and traditional post (DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland), through which you will exchange information with us regarding the use of the Website.
2. In the case of Clients who are not consumers, persons contacting regarding the Order and the relevant contract on your behalf are treated as duly authorised to act on your behalf in relation to the given Order or relevant contract.

10) ITEMS EXCLUDED FROM TRANSPORT

• Car parts – bumpers, windshields, bonnets, doors, tailgates, and other large body parts;
• Human remains or ashes,
• Live animals, fish, birds, and furs and ivory;
• Plants;
• Metale drogocenne, monety i banknoty, dokumenty zbywalne na okaziciela oraz kamienie szlachetne ;
• Jewellery, watches, and items made of precious metals;
• Towary nielegalne;
• Antiques, works of art;
• Plaster, porcelain, brass sculptures, etc.
• Dokumenty;
• Banderole i naklejki celne;
• Napoje alkoholowe;
• Wyroby tytoniowe,;
• Towary niebezpieczne;
• Firearms, ammunition, and explosives;
• Firearm parts;
• Imitations and replicas of firearms, explosives, or ammunition;
• Pneumatic weapons and air rifles;
• Perishable articles requiring special transport conditions;
• Glass, porcelain, china, and all other similar items classified as fragile;
• Other goods whose properties may pose a health risk to persons in contact with them, or which may damage or destroy other shipments;
• All types of liquids (without exception) that may leak and damage other customers' shipments;

• Brodziki, wanny, sedesy, umywalki, kabiny prysznicowe itp.
• Grzejniki wszelkiego rodzaju,
• Okna, szyby, parapety,
• Ogrodzenia, bramy, furtki itp;
• Upholstered and flat-packed furniture;
• Obrazy wszelkiego rodzaju ;

We have created additional services dedicated to transporting such shipments and that is how their transport should be ordered!

1. In the event of a breach of the above point by the Client who is the sender of the shipment, the Service Provider is entitled to demand from the Client payment of a contractual penalty of €500 arising from the Transport Contract.

CUSTOMS CLEARANCE – NORTHERN IRELAND

1. Speedpack is a carrier and does not provide customs agency services. The Service Provider does not carry out customs clearance of goods on its own.
2. Due to the United Kingdom's withdrawal from the European Union, shipments destined for Northern Ireland or sent from this territory may be subject to customs procedures under the Protocol on Ireland and Northern Ireland (Windsor Framework). This applies in particular to commercial goods, goods subject to import or export restrictions, and shipments exceeding the thresholds specified in applicable customs regulations.
3. Reporting obligation. The Client is obliged to inform the Service Provider in advance – at the latest when placing the Order – that the shipment is destined for or from Northern Ireland and that it may require customs clearance. The Client should provide the nature of the goods, their value, and all information necessary for the proper conduct of customs procedures.
4. Cooperation with customs agencies. The Service Provider cooperates with licensed customs agencies and can assist the Client in organising customs clearance. Customs clearance costs are borne by the Client. The Service Provider will inform the Client of estimated clearance costs before ordering it.
5. Client's responsibility. The Client bears full responsibility for the correctness and completeness of customs documentation and for the consistency of the declared shipment contents with the actual facts. In the event of shipment seizure by customs authorities due to missing or incorrect documentation provided by the Client, the Service Provider is not liable for delivery delays or costs associated with the shipment's detention.
6. Private shipments. Private shipments (personal belongings, used items, gifts) destined for or sent from Northern Ireland generally do not require customs clearance, provided their value does not exceed applicable thresholds and they do not contain restricted goods. If in doubt, the Client should contact the Service Provider before shipping.
7. Failure to report. In the event that the Client does not inform the Service Provider of the need for customs clearance, and the shipment is seized by customs authorities, the Client bears all costs associated with clearance, storage, return, or disposal of the shipment. The Service Provider will make every effort to help resolve the situation, but does not guarantee timely delivery of such a shipment.

11) SERVICE PROVIDER INSURANCE AND ITEMS EXCLUDED FROM INSURANCE

• paczki standardowe i gabarytowe do kwoty 300 euro,
• komputery, laptopy, rowery do kwoty 1250 euro,
• motorcycles up to the full value of the vehicle,
• palety - do kwoty 10.000 euro,

• • containing electronic equipment that has not been packed in original/factory packaging with all original polystyrene inserts or not in unit packaging,
  • combined together and bulk-packed,
  • packed in a manner inconsistent with the Service Provider's guidelines (bags, carriers, suitcases) and generally accepted packing practices preventing damage to other shipments,
  • containing fragile and delicate items such as glass, china, porcelain, lamps, excluding those items that are packed in original manufacturer packaging suitable for courier road transport (unless they are part of a bulk parcel).
  • porcelain, brass sculptures, etc.

12) TRANSPORT COMPLAINTS

1. The basis and scope of the Courier's liability towards the Client under the Transport Contract are determined by generally applicable laws, in particular the Civil Code and the Courier's Terms.
2. Complaints related to the Transport Contract can be filed by the Client directly with the Courier or through the Service Provider's mediation. In the latter case, a complaint may be filed via email at: kontakt@speedpack.com.pl within 2 days of the shipment delivery date to the recipient. When mediating complaints related to the Transport Contract concluded with the Courier, the Service Provider acts on behalf of the Client and files the complaint with the Courier in accordance with the Courier's Terms. The complaint is then resolved directly by the Courier.
3. W przypadku, gdy The Service Provider działa jako przewoźnik, complaint powinna spełniać następujące warunki:
   1. A complaint may be filed by an authorised person within the meaning of the Transport Law.
   2. A complaint must be filed in writing within 2 days from the date of transport completion.
   3. Reklamacja powinna zawierać:
      1. date of the complaint;
      2. full name (company name) and residential (registered) address of the carrier;
      3. full name (company name) and residential (registered) address of the person filing the complaint;
      4. title and justification of the complaint;
      5. tracking number of the shipment the complaint relates to;
      6. claim amount (separately for each transport document);
      7. list of attached documents;
      8. podpis osoby uprawnionej do wniesienia complaint.
      9. full photographic documentation of the packaging, security measures used, and shipment contents if the complaint concerns losses or damage.
      10. damage report
   4. The complaint should be accompanied by, as appropriate to the subject of the claim, original documents relating to the conclusion of the transport contract (in particular the waybill) and certified copies of other documents related to the type and amount of the claim. The complaint should contain a description of the situation and the claim of the authorised person.
4. The Service Provider will respond to the complaint promptly, but no later than within 30 days from the date of filing.

5. A shipment is considered lost if it has not been delivered to the recipient within 30 days of the planned delivery date, and its location is unknown and it has not been found despite the carrier conducting an investigation.

   The complaint procedure in the event of a lost shipment begins after official confirmation of the loss by the carrier or after the deadline referred to above.

   If a shipment is deemed lost, the authorised person is entitled to compensation in accordance with applicable transport law and insurance terms, up to the actual value of the shipment, but not exceeding the liability limit specified in the Terms.

   If a shipment is found after compensation has been paid, the shipment becomes the property of the carrier.

13) WITHDRAWAL FROM CONTRACT

1. This section of the Terms applies only to Clients who are consumers.
2. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts (1) for the provision of services in the field of accommodation, other than for residential purposes, przewozu rzeczy, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of service provision; (2) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of performance that upon completion of performance by the entrepreneur they will lose the right to withdraw from the contract; (3) in which the subject of performance is a non-prefabricated item, manufactured to the consumer's specifications or serving to satisfy their individualised needs; (4) for the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the express consent of the consumer before the expiry of the withdrawal period and after the consumer has been informed by the Seller of the loss of the right to withdraw from the contract.
3. Subject to section 11.2 of the Terms, a consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, subject to the exception referred to in the following sentence. In the case of a service whose performance - at the express request of the consumer - has commenced before the expiry of the withdrawal period, a consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided up to the moment of withdrawal from the contract. The amount payable is calculated proportionally to the extent of performance provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
4. To meet the withdrawal deadline, it is sufficient to send the statement before its expiry. The withdrawal statement may be submitted directly to the Courier or the consumer may use the intermediary services of the Service Provider. 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 email to: kontakt@speedpack.com.pl.
5. The withdrawal period starts for a contract, in the performance of which the entrepreneur delivers an item, being obliged to transfer its ownership - from the moment the consumer or a third party designated by them, other than the carrier, takes possession of the item, in the case of a contract which: (1) covers multiple items that are delivered separately, in batches or in parts - from the moment of taking possession of the last item, batch or part, or (2) involves regular delivery of items for a specified period - from the moment of taking possession of the first item. For other contracts, the withdrawal period commences from the date of conclusion of the contract.

14) OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIMS PROCEDURES AND ACCESS RULES

1. This section of the Terms applies only to Clients who are consumers.
2. Detailed information on the consumer buyer's options for out-of-court complaint resolution and pursuit of claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php.
3. The consumer can obtain free assistance in dispute resolution also by using the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association).
4. At http://ec.europa.eu/consumers/odr an online dispute resolution platform is available between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a single point of contact for consumers and entrepreneurs seeking out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts or contracts for the provision of services.

15) PROVISIONS CONCERNING ENTREPRENEURS

1. This section of the Terms applies only to Clients who are not consumers.
2. In the event of payment delay, including advance payment, the Service Provider and Courier reserve the right to refuse to conclude further contracts and to suspend execution of already concluded contracts until outstanding payments are made, which does not give rise to any claims by the Client against the Courier and Service Provider.
3. The Service Provider and Courier have the right to withdraw from the Transport Contract and Website Service concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Client who is not a consumer against the Service Provider and the Courier.
4. In the event of any disputes related to the Website Service or Transport Contract, the Client is not entitled to withhold payment or any part of payment. Any settlements arising from disputed matters shall take place only after mutual agreement of the parties' positions.
5. The Service Provider and Courier are not liable for differences in the waybill issued independently by the Client or Courier, in the event that the Client did not use the waybill provided by the Service Provider. The Client bears liability for the consistency of the content of the waybill issued independently or by the Courier with the waybill provided by the Service Provider (in particular, this concerns the sender and recipient details and additional instructions and declarations regarding the shipment - for example, cash on delivery options).
6. Any delay or failure to fulfil the conditions of the Website Service by the Service Provider or the Transport Contract by the Courier shall not constitute grounds for the Client to withdraw from the contract or to claim compensation for losses incurred or other equivalent payments, if the non-performance or improper performance of the contract was caused by factors for which the Service Provider or the Courier bears no liability and to which they did not contribute.
7. The Service Provider and Courier are liable to the Client, regardless of the legal basis, up to the amount of the price paid for the Website Service, provided that where the Courier's Terms provide for other limitations, the extent of liability is limited in accordance with the Courier's Terms. The Service Provider and the Courier are liable to the Client only for typical and actually incurred damages foreseeable at the time of conclusion of the contract, excluding lost profits.

16) ELECTRONIC SERVICES ON THE WEBSITE

1. The following Electronic Services are available on Speedpack: Order Form and Account. Electronic Services are free of charge.
2. Placing an Order via the Order Form occurs after completing two consecutive steps – (1) after completing the Order Form available on the Website and (2) clicking the action button "Place Order” – until this point, it is possible to independently modify the entered data (to do so, please follow the displayed messages and information available on the Speedpack website). In the Order Form, it is necessary for the Client to provide the data specified in section 4, paragraph 3 of the Terms.
3. The Order Form Electronic Service is provided free of charge, provided that in the case of concluding the Transport Contract as a result of placing an Order, the Client is obliged to make payment for the Website Service under the terms contained in the Terms. The Order Form Electronic Service is of a one-time nature and terminates upon the placement of an Order through it or upon the earlier cessation of placing Orders through it by the Service Recipient.
4. Using the Client Account is possible after the Client completes three consecutive steps – (1) completing the registration form, (2) clicking the action button - "Register” and (3) confirming the desire to create an Account by clicking the confirmation link sent to the provided email address. In the registration form, the Service Recipient is required to provide the following data: first and last name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number, and password. For Service Recipients who are not consumers, it is also necessary to provide the company name and NIP (tax identification) number.
5. The Client Account Electronic Service is provided free of charge, provided that in the case of concluding the Transport Contract while using the Client Account, the Client is obliged to make payment for the Website Service under the terms contained in the Terms. The Client Account Electronic Service is provided for an indefinite period. The Service Recipient may, at any time and without giving a reason, delete their Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via email to: kontakt@speedpack.com.pl or in writing to: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland.
6. Korzystanie z Newslettera następuje po podaniu w zakładce lub polu dotyczącym Newslettera widocznym na stronie the Website adresu email, na który mają być przesyłane kolejne edycje Newslettera i kliknięciu pola akcji.
   1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving a reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: kontakt@speedpack.com.pl or in writing to: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland.
7. Wymagania techniczne niezbędne do współpracy z systemem teleinformatycznym, którym posługuje się The Service Provider: (1) komputer, laptop lub inne urządzenie multimedialne z dostępem do Internetu; (2) dostęp do email; (3) przeglądarka internetowa: Mozilla Firefox w wersji 17.0 i wyższej lub Internet Explorer w wersji 10.0 i wyższej, Opera w wersji 12.0 i wyższej, Google Chrome w wersji 23.0. i wyższej, Safari w wersji 5.0 i wyższej, Microsoft Edge w wersji 25.10586.0.0 i wyższej; (4) zalecana minimalna rozdzielczość ekranu: 1024x768; (5) włączenie w przeglądarce internetowej możliwości zapisu plików Cookies oraz obsługi Javascript.
8. The Service Recipient is obliged to use Speedpack in a manner consistent with the law and good practices, with respect for personal rights and copyright and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the actual facts. The Service Recipient is prohibited from providing unlawful content.
9. Complaints related to electronic services provided by the Service Provider and other complaints related to the operation of Speedpack (excluding the Transport Contract complaint procedure, which is indicated in section 10 of the Terms) may be submitted for example electronically via email to: kontakt@speedpack.com.pl or in writing to: DMG House, Deansgrange Business Park, Kill Lane, Deansgrange, Blackrock Co Dublin, Ireland.

17) FINAL PROVISIONS

1. Contracts concluded via Speedpack are concluded in the Polish language.
2. The Service Provider zastrzega sobie prawo do dokonywania zmian Regulaminu z ważnych przyczyn to jest: zmiany przepisów prawa; zmiany zakresu lub formy świadczonych Usług Elektronicznych, zmiany Kurierów - w zakresie, w jakim te zmiany wpływają na realizacje postanowień niniejszego Regulaminu.
   1. In the case of continuous contracts concluded under these Terms (e.g. provision of Electronic Service - Client Account) the amended Terms are binding on the Service Recipient, provided that the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, that is, the Service Recipient has been properly notified of the changes and has not terminated the contract within 30 calendar days from the date of notification. In the event that the amendment of the Terms results in the introduction of any new fees or increase of existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
   2. In the case of contracts of a nature other than continuous contracts concluded under these Terms (e.g. Transport Contract) amendments to the Terms shall not in any way infringe the acquired rights of Service Recipients/Clients who are consumers before the date of entry into force of the amendments to the Terms, in particular the amendments to the Terms shall not affect Orders already being placed or placed, and Transport Contracts already concluded, being performed, or performed.
3. Matters not regulated by these Terms are governed by generally applicable provisions of Polish law, in particular: the Civil Code; Transport Law; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act and other applicable generally binding legal provisions.

18) WITHDRAWAL FORM TEMPLATE (APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)

Withdrawal form template

APPENDIX NO. 1 – COURIER TERMS AND CONDITIONS

• UPS Polska Sp. z o.o. – UPS General Terms and Conditions of Service
• GLS Poland Sp. z o.o. – General Logistics Systems Service Terms
• DHL Express (Poland) Sp. z o.o. - Regulamin DHL Express
• FedEx Express Polska Sp. z o.o. - Transport Terms for Domestic Services
• DPD Polska sp. z o.o. - Domestic Service Terms and Conditions
• Poczta Polska S.A. - Universal Service Terms and Conditions