version from: 2018.10.01.
I. GENERAL PROVISIONS
The Rules and Regulations define the rules of using the technological platform (hereinafter referred to as the “Platform”) available in the Application for Mobile Devices and – within the scope of limited functionality – on the website www.getthebox.eu, which enables associating individual drivers with cargo space travelling to a specific destination (Individual User, vehicle of maximum permissible weight up to 3.5 t), or ready to travel to a specified destination (Professional User driver, vehicle of any maximum weight) and users intending to quickly and inexpensively transport the cargo to a specified destination, in order to share the cost of travel (Users).
The User acknowledges that the Operator does not provide transport services via the Platform or is not a carrier, and all transport / transport services are provided by the Users of the Platform. The Operator is not a party to any agreements, contracts or contractual relations of any nature between Users.
Subject of the Rules and Regulations
- These Rules and Regulations constitute the regulations for the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means and define the rights and obligations of the Operator and Users in their mutual relations, in particular:
- types and scope of services provided by electronic means;
- conditions for the provision of services by electronic means;
- the procedure for the conclusion of a contract for the provision of services by electronic means;
- the right to withdraw from a contract for the provision of services by electronic means;
- the complaint procedure.
- Use of certain services or promotions may be subject to additional terms, such as: Terms of service and promotions, which you will be informed separately before using these services. Additional provisions supplement the Rules and Regulations for the purposes of the relevant Services. In case of conflicting additional provisions with the Rules and Regulations, the additional provisions shall take precedence.
- The Rules and Regulations of the Platform are available free of charge at www.getthebox.eu, and also in the Application in a manner enabling its content to be acquired, reproduced and recorded. In particular, the User may, without any limitations, download the Terms and Conditions in PDF format, save the Terms and Conditions on memory media and print it in any number of copies.
Service provider and contact details
- The owner of the Platform is GETTHEBOX spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Jawor, Starojaworska 92A, 59-400 Jawor, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under KRS number 0000737647, NIP 6951529631, REGON 380583317 (hereinafter the “Operator”).
- Contact with the Operator is possible via e-mail: email@example.com and by means of the contact form available on the website, www.getthebox.eu as well as by post:
Written correspondence address:
GETTHEBOX spółka z ograniczoną odpowiedzialnością
sk.k. Starojaworska 92A
All capitalized words whose meaning has been defined below, should be understood as follows:
- Application – software for a mobile device, necessary for the use of the Services offered within the Platform; installation of the Application means acceptance of the license agreement;
- Driver – User offering other Users the possibility of Carriage of the Parcel in exchange for participation in costs (Driver being an individual User) or in exchange for an agreed remuneration (Driver being a Professional User);
- Consumer – User who is a natural person who performs a legal transaction not related to his business or professional activity;
- User Account or Account – an individual account of the User in the Platform, the establishment of which is necessary for the use of the Services, containing basic User data and individual preferences for the use of the Services (the “Your profile” tab);
- License – a license for the Application;
- Materials – descriptions of Announcements and any other content made available on the Platform by the User;
- Sender – an entity which hands over a parcel to the Driver for Carriage, it may be the User, but it does not have to be;
- Recipient – an entity that receives a shipment from the Driver may be the User, but it does not have to be;
- Advertisment– User’s announcement disclosing the willingness to send a Parcel for Carriage (“Sender’s Zone”) containing the name, telephone number and e-mail address of the Sender and the Recipient, the address of sending and receiving the Parcel, description of the parcel with the specification whether a trailer or a vehicle with a maximum permissible weight exceeding 3.5 tons is necessary for Carriage, as well as remuneration and method of payment;
- Operator – GETTHEBOX spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Jawor, Starojaworska 92A, 59-400 Jawor, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under KRS number 0000737647, NIP 6951529631, REGON 380583317;
- Platform – a set of services and functionalities of Getthebox which enables exchange of information between Users and their interaction in order to conclude a Transport Agreement;
- Parcel, Shipment or Goods – movable item to be transported;
- Carriage – an activity consisting in transporting the Parcel on the basis of an agreement concluded between Users;
- Rules and Regulations – these rules constituting the regulations for the provision of services by electronic means within the meaning of Article 8(1) of the Act of 18 July 2002 on the provision of services by electronic means;
- Registration – all activities that make up the procedure of creating a User Account;
- Contract of Carriage – contract of carriage of the Parcel / Goods concluded between Users through the Platform, i.e. using means of distance communication;
- Mobile device – a portable telecommunications device intended to be connected directly or indirectly to network terminations, i.e. a telecommunications terminal device within the meaning of Article 2(43) of the Telecommunications Act of 16 July 2004, e.g. a mobile phone (smartphone), a tablet;
- User – a natural person, having at least limited legal capacity and over 18 years of age, as well as a legal person or an organizational unit without legal personality, having legal capacity and legal capacity, who has successfully established a User Account on the Platform and has access to the Services;
- Individual User – a User who is a Consumer, occasionally offering transport of cargo to a specific destination indicated by another User on the occasion of a journey, by a vehicle with a maximum permissible weight of up to 3.5 t in order to share the costs of the journey;
- Professional User – User offering transport of Parcels to the destination indicated by another User, with a vehicle of any maximum permissible weight, conducting business activity related to transport and forwarding and holding – if required by law – a licence to perform domestic road haulage of goods, a Community licence for international road haulage for hire or reward, or other rights / approvals necessary to perform a given type of activity.
III. TECHNICAL CONDITIONS FOR USING THE PLATFORM
- The correct use of the Services offered via the Platform is possible provided that the User’s teleinformatic system meets the following minimum technical requirements:
- For access to the Platform via applications for mobile devices – within the scope of all functionalities of the Platform: A mobile device with Internet access and compatible Android or iOS operating system. Information about compatible versions of Android and iOS is available in online shops with Google Play and Apple AppStore applications. Downloading the Application from the above mentioned shops is free of charge;
- For access to the Platform via the website www.getthebox.eu – for registration and searching for and adding items to the carriage:
- a computer or other device that supports a web browser;
- efficient Internet connection;
- a web browser enabling hypertext documents (HTML, PHP) to be displayed on a computer screen with Java Script and Java applets installed – information about compatible versions of browsers is published on the Platform’s website;
- Cookies enabled;
- have an up-to-date, active and properly configured e-mail account;
- The application enables access to all functionalities of the Platform, while the Getthebox website enables registration, searching and adding Shipments to the Carriage.
- Use of the Application requires a connection to the Internet and may involve the launch of paid mobile data transmission, in accordance with the terms and conditions of the mobile operator whose services are used by the User, including any roaming charges.
- The technical conditions of use of the Platform are important for the proper functioning of the Platform. The User of the Application is responsible for the quality of the Mobile Device used to access the Platform, including technical problems or possible technical limitations (lack of sufficient memory, lack of Internet connection, firewall or antivirus blockades, inaccurate GPS module and others), which may hinder or prevent the User from using the Platform.
- Malfunctions related to the functioning of the Platform may be reported by the User in writing at the following address firstname.lastname@example.org or by using the contact form.
IV. APP LICENSE
- Provided that the User complies with the Terms and Conditions, the Operator grants the User a limited, non-exclusive, revocable and non-transferable license without the right to sublicense: (i) accessing and using the Application on his own Mobile Device solely in connection with the use of the Platform; and (ii) accessing and using any content, information and related materials that may be made available in the Application.
- The application is subject to the proprietary copyrights of the Operator of the Website. All graphic elements, logos, trademarks, colours and interface layout as well as the Application itself are protected by copyright, trademark rights, database rights and other intellectual property rights.
- Through the Platform, the Operator enables the exchange of information between Users for the purpose of Transport of Parcels and for this purpose provides the following Services constituting the functionalities of the Platform:
- Through the Application:
- registration of the User Account,
- providing access to the User Account in the “Your profile” tab,
- management of the added Parcels and adding Announcements in the “Sender’s Zone” tab,
- searching for announcements and route planning in the “Plan the route” tab, including filtering announcements according to the functions “Hide: car transporter needed” and “Hide: “Above 3.5 t”;
- management of accepted offers of Carriage of Parcels in the “Driver’s Zone” tab,
- concluding Contracts of Carriage between Users with the use of means of distance communication via the Internet;
- possibility of non-cash settlements between Users and the Operator through an external PayPal.Me service.
- Through the website www.getthebox.eu:
- registration of the User Account,
- searching for Parcels for Carriage,
- adding Parcels to the Carriage by means of a QR code or the “share” functionality consisting in sending a given Advertisement to an e-mail address indicated each time.
- Through the Application:
- As part of the Platform, the Operator provides free of charge services (downloading and installing the Application, registering the User’s Account, adding Advertisments, searching for Advertisments and planning the route and concluding Transport Contracts between Users using means of remote communication via the Internet) and paid services (accepting Parcels for Carriage by drivers). Paid services are provided only at the explicit request of the User; the payment is charged exclusively to the Users carrying out the Parcel, i.e. Drivers.
- The Operator will make every effort to ensure that all Services made available through the Platform operate continuously without disruptions 24/7, however, the Operator informs that disruptions in the functioning of the Platform may occur, in particular caused by unauthorized interference of Users or third parties, failure of the Application or force majeure. In addition, access to the Platform may be temporarily blocked due to planned technical maintenance, work aimed in particular, but not exclusively, at changing or adding further functionalities. The Operator will inform Users on an ongoing basis about planned interruptions in access to the Platform with appropriate advance notice and about the planned restoration of the Platform’s operation.
- The User acknowledges that the provision of Services takes place with the use of an IT system ensuring processing and storage, as well as sending and receiving data through telecommunications networks. The use of services provided electronically via the Internet is associated with risks. Information on the specific risks associated with the use of electronically supplied services can be found at the following address .www.getthebox.eu.
VI. RESTRICTIONS ON USE OF PLATFORM / PROHIBITIONS
- Users act solely at their own risk and are responsible for any events that may occur or have occurred in the real world between them and other Users.
- The User is responsible for the Materials submitted and published on the Platform, for their truthfulness, reliability and authenticity. The operator is not able to verify the compliance of the above information with the real state.
- It is forbidden to use the Platform, e.g. advertisements, for purposes other than those resulting from its nature, in particular it is forbidden:
- practising advertising and promotional activities, including providing company names, trade names, trademarks, etc;
- placing in the content of Advertisements business cards (contact data), website addresses, telephone numbers, advertisements not related to the Transport of Parcels;
- taking any actions that may cause damage to other Users or the Operator.
- Content posted by users, including advertisements, may not contain vulgarisms or spread hatred, racism, fascism, communism, xenophobia. The Service Provider reserves the right to remove Advertisements if their content violates the provisions of the Rules and Regulations, applicable law or good manners.
- The User undertakes to indemnify the Operator and members of its bodies, including directors, employees and representatives, against all claims, demands, losses, liabilities and expenses (including legal costs) arising out of or in connection with: (i) your use of the Services; (ii) your violation of any provision of these Terms; (iii) your violation of the rights of any third party, including External Service Providers.
- The Operator is not a party to any agreements, contracts or contractual relations of any nature between Users, nor does it have any influence on their performance, i.e. in particular it does not provide transport services via the Platform or is not a carrier, and all transport / transport services are provided by the Users forming the community of the Platform; the Operator provides only access to the Platform and takes care of its development.
- The Operator has no possibility and does not control in any way the correctness and truthfulness of Advertisements and their compliance with the applicable laws and does not guarantee the correctness of the Carriage by the Users, as well as does not bear any responsibility for this, in particular is not liable for:
- providing false or unreliable information in the Advertisement in relation to the Carriage and its conditions, or providing such information to other Users in any other way;
- cancellation or modification of the Carriage by the User;
- improper performance or non-performance of the Carriage, in particular lack of payment for the Carriage performed or loss of or damage to the Parcel.
- The Operator excludes its liability towards Professional Users resulting both from the warranty pursuant to art. 558 § 1 of the Civil Code, as well as from general regulations, except for willful misconduct.
VII. ACCOUNT REGISTRATION
In order to use the Platform, the User must register by creating an Account. Registration means the conclusion of an agreement between the User and the Operator for the provision of electronic services for the use of Services via the Platform for an indefinite period of time. Registration is free of charge.
Conditions and restrictions on registration
- The platform shall be accessible only to natural persons who have at least limited legal capacity and are over 18 years of age, and to legal persons or unincorporated entities having legal capacity. By creating an Account, the User confirms that he or she meets the above criteria.
- One person can only have one account in the Platform. It is forbidden to assign or make the Account available to other persons, and also to use the accounts of other Users under pain of blocking or deleting the account (see chapter “Restriction, blocking and deletion of the Account”). However, it is also possible to use the Platform on a Mobile Device, which does not belong to the User, using the User’s own login data to the Application.
Creating an account
- You can register your User Account either directly in the Application or on the Getthebox Platform website www.getthebox.eu under: “Search for Parcels” or “Contact” tab. Registration takes place using a Facebook account. In order to do so, the User must consent to the access to the data indicated by the Platform, and in addition
- consent to the processing of personal data for the purpose of registering and maintaining the User Account (granting consent to the transfer of data from Facebook to the Application); on the occasion of registration, the User may consent to the processing of personal data for other purposes, e.g. marketing, but this is not necessary to create a User Account;
Submission of statements marked with an asterisk is necessary to register an Account and use of the Platform.
- In order to use all functions of the Platform – acceptance of Parcels for Carriage by Users who are Drivers or non-cash settlement by Users sending or receiving Parcels, the User sending or receiving the Parcels must also provide a telephone number and set up a PayPal.Me account and provide a link to his account in the Application (the “Your Profile” tab).
- By linking to the Facebook Account, the Application gains access to the following personal data of the User available in the public profile: first name, surname and profile photo of the User. The photo is visible only to the User.
- The User may at any time remove the link between the Application and the Facebook account by sending a request to the Operator in the mode described in the chapter “Restriction, blocking and deletion of the Account”, however, this will be tantamount to deleting the Account from the Platform.
- Regardless of the chosen registration method, the User is obliged to provide complete and true information and their updates via the “Your profile” tab each time they change, in order to ensure their correctness throughout the duration of the contract.
- The user is obliged to keep the password confidential and not to disclose it to third parties.
- If you lose your password, you can retrieve your password via Facebook, as you log in using your Facebook login and password.
- The User may give a separate consent(s) to receive advertising and commercial information from the Operator or third parties by electronic means of communication. You may at any time opt-out of receiving such advertising and commercial communications by activating the relevant Internet address contained in any advertising or commercial communications provided or by using the relevant function in the Application.
Restriction, blocking and deletion of an Account
- The User may at any time, free of charge, remove his Account from the Platform by sending an e-mail from the e-mail address currently registered in the User’s Account to the following address of the Operator: email@example.com that unambiguously reveals the will to remove the Account from the Portal.
- Submitting a request by the User to remove the link between the Application and the Facebook account is tantamount to a request to remove the Account from the Platform.
- An account will not be deleted despite a request, if the account is credited with unsettled commissions, which the User is obliged to pay to the Operator.
- Deletion of the Account is tantamount to termination of the agreement for the provision of electronic services concluded between the User and the Operator for the use of Services via the Platform. Possible ratings, rankings, e.g. the number of transported parcels (when such functionalities are made available) will be irretrievably lost and impossible to reproduce after re-registration of the Account.
- Uninstalling an Application from a Mobile Device is not tantamount to deleting an Account from the Platform, nor is deleting an Account tantamount to uninstalling an Application from a Mobile Device. In order to delete an Account on the Getthebox Platform, the User shall follow the procedure described in subpara. 1 above, in order to uninstall the Application, the User shall use the system options of the Mobile Device.
- Termination of the agreement for the provision of services by electronic means shall result in the deletion of all User’s data in the Account, unless otherwise stated:
- unsettled commissions are assigned to the Account, which the User is obliged to pay to the Operator,
- the law provides otherwise, or
- deletion of all data entered by the User from the ICT system is not possible due to the nature of the Service provided by electronic means;
- If the Operator finds that the User violates the provisions of the Rules and Regulations, the Operator may limit the Account by limiting access to particular Services (e.g. the possibility of sending Parcels or accepting them for Carriage) or block access to the Account, or even delete the Account and provide appropriate information in this respect for all Users of the Platform. These rights are vested in the Operator after prior notification to the User, in particular in the case:
- using the Platform in a manner contrary to its intended use or to the detriment of third parties and interfering with the functioning of the Platform regardless of the techniques of action;
- no login to the Platform for a period of 12 months after the last login;
- possession by one User of more than one Account – in this case all User Accounts may be deleted;
- when the User, within 3 months from limiting or blocking the Account by the Administrator, does not perform actions necessary to remove the reasons constituting the basis for blocking;
- Violation by the User of applicable law or good manners.
- The Operator may restore the full functionality of the Account or unblock the Account after the User has completed the indicated actions or after a specified period of time indicated by the Operator as a sanction for violation of the Terms and Conditions.
VIII. DELIVERY OF SHIPMENTS
Basic conditions of sending and receiving Parcels and performing Carriage
- The subject of the Platform’s activity is to associate Users with the purpose of Carriage of Goods. It is forbidden to use the Platform for the Transport of persons and animals as well as materials that are illegal, dangerous or require special transport conditions.
- It is forbidden to place and receive advertisements in the name and on behalf of other Users.
- All contacts with regard to the performance of the contract of carriage shall take place, with the exclusion of the Operator, only between interested Users.
- Getthebox platform acts only as an intermediary in associating Users for the purpose of Carriage of Goods, therefore the fulfilment of the conditions specified in these Rules and Regulations does not release Professional Users from the obligation to comply with all the formalities required by law, including the possession of appropriate permits, issuing and delivery of waybills.
Sending of Parcels
- The application allows for the possibility of ordering the Transport of Parcels both by the Sender and the Recipient, as well as by the User who is neither the Sender nor the Recipient and who would like to transport the parcel from one entity – the Sender to another entity – the Recipient who are not Users of the Platform.
- The User who would like to send a Parcel should use the “Sender’s Zone” tab and complete the following data:
- description of the Parcel – presenting a short description of the Parcel, e.g. dimensions, weight, number of pieces, method of packing (europallet),
- indication whether a trailer or a vehicle with a maximum permissible weight of more than 3.5 t is required for the Carriage,
- identification of the payer of the Carriage Service as the sender (“Sender Pays”) or the Recipient (“Recipient Pays”);
- Indication of Sender’s data: name, telephone number and e-mail address, in addition to the shipment address,
- Indication of the recipient’s data: name, telephone number and e-mail address, and also the pickup address of the shipment.
- Providing the above information is necessary for the proper performance of the Service by other Users of the Platform, but not all the information provided in the Advertisement will be visible to other Users:
- after filling in the Advertisement form and its acceptance by the User, the Advertisement becomes visible to all other Users of the Platform only to the extent of the address of sending and receiving the Parcel specified in the Advertisement;
- after the Parcel has been reserved by the User who is the Driver, the Sender’s contact details will be made available to this User in order to contact him and determine the details of taking up the Parcel, while the Sender will be given a QR or PIN code indicated in the Advertisement for the driver to take up the Parcel, together with the details of the Parcel, including the place of dispatch, place of collection and description of the Parcel;
- after the Recipient’s driver has taken over the shipment, the Recipient’s e-mail address and telephone number will be provided with the QR code and PIN code used to collect the shipment together with the Driver’s data and details concerning the Parcel, including the place of shipment, place of collection and description of the Parcel.
- Reserving a Parcel causes a temporary blockade of the Parcel for other Users of the Platform, for whom the Parcel is still visible, but not available for booking. The Parcel is unblocked in case of resignation of the Driver from Carriage of the Parcel, or expiry of the booking time.
- The User sending the Parcel may edit the content of the Advertisement and may remove the Advertisement at any time, including after the Parcel has been taken up by the Driver for Carriage. In such a case, the User sending the Parcel is obliged to collect the parcel from the Driver at his own expense and risk (e.g. personally, by another User or by mail or courier) and to pay the entire remuneration for the Carriage specified in the Advertisement.
- All data included in the Advertisement by the User should be indicated by the User in a reliable manner and be true.
Searching for and receiving Parcels
- A driver who wants to transport a shipment can search for it before the planned journey in the Application in the “Plan Route” tab or on the Getthebox Platform website. www.getthebox.eu in the “Search for Parcels” tab, indicating the place of departure and destination of your journey. In order to set the starting point of the journey, the driver can use the option of automatically downloading the GPS position if the driver is just at the starting point of the journey, and in order to add a Parcel found on the Getthebox Transport Platform website, the User can search for the parcel in the Application, or scan the QR code of the Application installed on the website or use the function of sharing the Parcel via e-mail address via the Getthebox Platform website.
- If there are no Parcels to be transported at the starting point of the journey, the Driver may set in the Application the destination and the search radius (expressed in kilometres, not greater than the one indicated in the Application), and the Application will continuously search for Parcels to be sent at a given distance from the driver’s current location, taking into account the planned route and the destination and the indicated search radius as potential places of collection of the Parcel.
- After the driver finds a suitable Advertisement and makes a reservation, the Parcel is added to the “Driver’s Zone” tab, the Sender of the Parcel automatically receives a QR code and PIN code for sending the Parcel to the e-mail address and telephone number specified in the Advertisement, while the driver receives in the Application access to the contact details of the Sender, with whom he can agree on the details of taking the Parcel. Receipt of the shipment should take place not later than within 1 hour. The sender can not extend this period.
- The shipment is picked up by scanning the QR code sent to the Sender by the driver or entering the PIN code in his Application. When the Advertisement states that the settlement is made at the moment of sending, the driver settles the settlement with the sender in cash or cashless via PayPal.Me, and the Application allows the change of the settlement method from cashless to cash.
- The individual User who is the Driver undertakes not to demand a higher remuneration for the Carriage than the actual costs incurred in order to obtain any profits, and in addition, on the basis of shared costs, the individual User who is the Driver must bear his own part of the costs associated with the Carriage. The driver is solely responsible for calculating the costs incurred during the trip and checking whether the amount required from other Users does not exceed the actual costs incurred (taking into account the User’s own contribution).
- When the Parcel is taken, the risk of accidental loss of / damage to the Parcel passes to the Driver.
- The driver may resign from Carriage of the Parcel at the latest until it is taken. The Driver should immediately inform the User sending the Parcel, i.e. by sending a text message or by telephone, about the resignation from the Parcel Transport. Cancellation of the Parcel Carriage also takes place automatically if the time of booking the Parcel indicated in point 3 above has elapsed. After taking the parcel from the Sender, the Driver cannot resign from Carriage of the Parcel, which means that the Parcel is obliged to be delivered to the Recipient. The driver is responsible to the User sending the Parcel for proper performance of the contract.
Collection of Shipments
- After receiving the Parcel, the Recipient automatically receives to the e-mail address and telephone number specified in the Advertisement the QR code and PIN code used to collect the Parcel together with the Driver’s data and details concerning the Parcel, including the place of shipment, place of collection and description of the Parcel, while the Driver receives in the Application access to the contact details of the Recipient, with whom he can agree on the details of delivery of the Parcel.
- Receipt of the Parcel takes place by scanning the QR code sent to the Recipient by the Driver or entering the PIN code into his Application. When the Advertisement states that the settlement takes place at the moment of collection, the driver settles the settlement with the Recipient in cash or cashless via PayPal.Me, and the Application allows the change of the settlement method from cashless to cash.
Credibility of the User
The Operator may introduce a functionality consisting in publication of an individual counter of Parcels transported by a given User. A large number of shipments transported may build up the status of a given User as an experienced person, but it does not prejudge the fact that the User who does not have any shipments transported is unreliable.
IX. TERMS OF PAYMENT FOR CARRIAGE
- Payment for the Carriage is made according to the choice of the User sending the Parcel at the moment of sending the Parcel (i.e. handing over the Parcel to the User being the Driver to be sent by the Sender) or collecting the Parcel (i.e. handing over the Parcel to the Recipient for collection).
- Payment for the Carriage is made without cash – by PayPal.Me service (directly through the above mentioned service, without any intermediary of the Application, after the User has registered for the service) or in cash.
- The driver may withhold the delivery of the Parcel to the Recipient if the Recipient does not offer to pay for the Carriage performed in accordance with the information contained in the Advertisement. In such a case, the User sending the Parcel is obliged to collect the parcel from the Driver at his own expense and risk (e.g. personally, by another User or by mail or courier) and to pay the entire remuneration for the Carriage specified in the Advertisement.
- The Users are obliged to solve mutual claims between themselves, without the intermediary of the Operator, who is not a party to the Contract of Carriage and is not liable in accordance with the “Operator’s Liability” chapter,
- For each Carriage the Driver is obliged to pay the Operator a fixed amount of commission in the amount of 2 PLN gross. The amount of the commission becomes due when the shipment is taken over by the driver, i.e. the QR code is scanned or the PIN code provided to the Sender is entered. The amount of the commission is credited to the Driver’s account after the Carriage. The amount of the commission is paid to the Operator’s account via PayPal.Me:
- within 7 days from the date when the balance of the User’s Account reaches the amount of at least 10 PLN,
- within 30 days from the date of performing the last Carriage, independent of the balance of the User’s Account, unless another Carriage is performed within this time,
whichever comes first.
- Failure to pay the commission within the specified deadlines results in blocking the possibility of accepting the Parcels for Carriage.
- The user can verify the status of the balance in the “Driver’s Zone” tab.
- In the event of a delay in payment of more than 14 days, the case will be automatically forwarded to the Collection Department.
- Individual users undertake to use the services through the platform only occasionally to establish contacts on a non-commercial and non-business basis, in order to minimise the costs of the journeys performed.
- The amount of remuneration for Carriage of the Parcel is determined by the User who intends to send the Parcel. An individual user who is a Driver is aware that it is forbidden to make any profits from the use of the Platform. Therefore, the User undertakes to accept only such Advertisements, the remuneration of which will cover part of the costs actually incurred in connection with the Carriage. Otherwise, the individual user bears the full risk in relation to the reclassification of a transaction carried out through the Platform.
- Professional users can accept all Advertisements, regardless of the amount of remuneration and frequency of the Carriage.
- Professional users issue bills or invoices at the request of the Users who send the Parcels or the Senders or the Recipients of the Parcels, in accordance with the arrangements made between them.
- Each User of the Application has the right to lodge a complaint about the functioning of the Application and the Services offered through it.
- Complaints should be submitted via e-mail: firstname.lastname@example.org or in writing to the following address: GETTHEBOX spółka z ograniczoną odpowiedzialnością sp.k., ul. Starojaworska 92A, 59- 400 Jawor.
- A complaint should include the User’s identification and contact details (e.g. name and surname or login and e-mail address or postal address) and an indication of the circumstances justifying the complaint. Only complaints submitted in Polish will be considered.
- Complaints will be considered on an ongoing basis, without undue delay, within no more than 14 days from the date of receipt of the complaint; the Operator will notify the User about the acceptance or refusal to accept the complaint within the aforementioned period to the e-mail address or postal address provided by the User in the complaint.
- In the event that the examination of a complaint requires unusual, special actions and arrangements, the time limit for processing the complaint may be extended. The Operator stipulates that the processing of the complaint may require additional explanations from the User, while the time of providing explanations by the User each time extends the period of investigation of the complaint.
- Complaints addressed to the Operator concerning services provided by third parties through the Portal should be submitted directly to these third parties.
XI. RIGHT OF WITHDRAWAL
- An individual user may withdraw from the Agreement for the provision of electronic services (for maintaining the Account in the Application) without giving a reason within 14 days from the date of its conclusion (from the date of registration of the Account on the Platform). The agreement is concluded upon completion of registration, i.e. upon activation of the Account. In order to meet the deadline, it is sufficient to send a statement before the deadline.
- In order to exercise the right of withdrawal, it is necessary to send an unambiguous information about the withdrawal through the intermediary:
GETTHEBOX spółka z ograniczoną odpowiedzialnością sp. k.
ul. Starojaworska 92A
With the annotation “Getthebox”
- data of the individual User, i.e. name and surname or login,
- current e-mail address (given during registration or later when editing the Account) or postal address (in case of sending a statement by mail),
- signature in the case of correspondence by post or fax.
The notice of withdrawal from the Agreement is attached as Attachment No. 1 to the Rules and Regulations. An individual user may also use the withdrawal form attached as Appendix 2 to the Rules and Regulations, available here.
- In case of delivery of the declaration of withdrawal by e-mail, the Operator will immediately send a confirmation of receipt by e-mail to the User’s e-mail address.
- Loss of the right to withdraw from the Agreement – the Operator informs that the commencement of using the functionality of the Platform by logging in to the Application after registration of the Account means that the User requests the provision of the Service before the expiry of the deadline for withdrawal from the Agreement together with the loss of the right to withdraw.
XII. APPLICABLE LAW - SETTLEMENT OF DISPUTES
- In all matters not regulated in the Rules and Regulations, the provisions commonly binding in the Republic of Poland shall apply, including the Civil Code, the Act of 30 May 2014 on consumer rights for individual Users and the Act of 18 July 2002 on the provision of electronic services.
- The Service Provider informs that in connection with the Services provided:
- does not apply the codes of ethics within the meaning of Article 661 § 2 point 6 of the Civil Code or the code of good practices within the meaning of the provisions on counteracting unfair market practices,
- does not collect any deposits from the Users or demand any other financial guarantees,
- does not offer any warranty or after-sales service,
- does not deliver any goods.
- Any disputes arising from the provision of services by electronic means shall be considered by the competent courts in accordance with the provisions of the Code of Civil Procedure, possibly other laws and acts of universally binding law, except for disputes involving Professional Users, for whom the court shall have jurisdiction over the Operator’s registered office.
- The Operator shall not use out-of-court dispute resolution referred to in the Act of 23 September 2016 on out-of-court settlement of consumer disputes. Disputes resulting from the provision of services by electronic means may be settled by an arbitration court only after the conclusion of the complaint procedure and if both parties to the dispute agree to it.
- A User who is a Consumer may obtain free assistance in resolving a dispute between the User and the Service Provider by contacting a district (municipal) spokesman for consumers or a social organization whose statutory tasks include consumer protection (e.g. the Federation of Consumers, Polish Consumer Association). Detailed information on the possibility for consumers to make use of out-of-court complaint and redress procedures and 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, Provincial Inspectorates of the Trade Inspectorate and at the following address .http://www.uokik.gov.pl.
XIII. APPLICABILITY AND AMENDMENTS TO THE TERMS AND CONDITIONS
- The Rules and Regulations shall enter into force on 10.10.2018.
- The Rules and Regulations and attachments constitute the entire agreement concluded with the Users.
- The Operator is entitled to make changes to the Terms and Conditions with effect for the future, e.g. in the event of a change in legal regulations, repair of errors, development of the Platform or a change in its functionality. The Operator shall inform the Users about the update of the Terms and Conditions at www.getthebox.eu and in the Application or via e-mail indicated at the Registration. The new Rules and Regulations shall come into force on the date of its publication, possibly on a different date indicated by the Operator, however, the update shall not violate the rights acquired by the Users.
- The amendment of the Rules and Regulations is effective for Users who do not delete their account on the Platform or do not submit a notice of termination of the agreement within 14 days from the date of notification of the amendment, or who use the services provided electronically via the Platform, e.g. by logging in to the Application, before the expiry of this period.
- A change of the Operator’s data, e.g. location or contact data or a change of the administrator of personal data does not constitute a change of the Rules and Regulations and does not require the application of the procedure described in subparagraph 3 above; however, the Operator is obliged to notify the Users of such changes.
PDF version: Rules and Regulations of Getthebox.eu (Polski).