General Terms and Conditions

10-2016 version

1. Definitions

In these General Terms and Conditions the following definitions apply:

• Application: any computer application offered by Parcls.com that a customer can use in order to use the services of Parcls.com;
• AVC: the 2002 General Transport Terms and Conditions ('Algemene Vervoercondities 2002') published by Stichting Vervoeradres (Foundation Vervoeradres) in 2015;
• Customer: any natural or legal person that places an order;
• Order: any Order placed with Parcls.com for accepting, storing, transporting, sending, delivering or picking up a package;
• Package: any parcel that is intended for a Customer;
• Parcls.com: the limited company subject to Dutch law Parcls.com B.V. (Chamber of Commerce number 66150035). 

2. Applicability and validity

2.1 These General Terms and Conditions shall apply to all legal relationships between a Customer and Parcls.com and replace all previous arrangements about such legal relationships.

2.2 These General Terms and Conditions shall be deemed replaced when Parcls.com publishes an arrangement about legal relationships as referred to in Article 2.1 on its website or it includes such an arrangement in any Application. When these General Terms and Conditions are replaced, the arrangement that has a later date shall also come into immediate force for any Order that has not, at that time, been fully executed.

2.3 A Customer has the right to cancel any Order the Customer has placed should the Customer disagree with the replacement of these General Terms and Conditions as a result of Article 2.2. When a Customer cancels an Order:

• (i) The relevant Customer shall continue to owe the agreed payments for all activities that Parcls.com has performed until the cancellation;
• (ii) Parcls.com shall have the right (but not the obligation) to return to the sender every Package received with regard to the relevant Order.

2.4 With the exception of any arrangement as referred to in Article 2.2, rights cannot be derived from the data (including prices) on the Parcls.com website or in any Application.

3. Orders

3.1 Provided quotations and prices, terms and conditions specified in these quotations do not commit Parcls.com and shall only apply as an invitation to a Customer to place an Order.

3.2 An Order placed by the Customer shall only result in an obligation of Parcls.com insofar as Parcls.com has accepted the relevant Order in writing; written acceptance is also involved when Parcls.com sends an email to the relevant Customer in which it is confirmed that Parcls.com shall execute the relevant Order.

3.3 Parcls.com is authorised to have an Oder processed by third parties at any time.

3.4 Parcls.com shall also be entitled to suspend or fully refuse the execution of the relevant Order even after accepting any Order placed by a Customer if:

• (i) The execution of the relevant Order is contrary to the law;
• (ii) The relevant Customer turns out not to be authorised to act or is not legally competent;
• (iii) Any amount due and payable by the relevant Customer (in relation or not to the relevant Order) has not been received by Parcls.com on the agreed date;
• (iv) The relevant Customer has provided incorrect or incomplete information to Parcls.com or third parties (in relation or not to the relevant Order);
• (v) A Package to be delivered by Parcls.com in relation to the relevant Order does not comply with the safety requirements or the requirements related to dimensions, weight, contents, packaging, address details or franking that have been set by Parcls.com in relation to this;
• (vi) Parcls.com has not been informed of the full name and address details of the sender in relation to the relevant Order.

3.5 When Parcls.com refuses to execute an Order, Parcls.com shall have the right (but not the obligation) to return to the sender every Package received with regard to this.

4. Packages

4.1 Parcls.com is only obliged to accept, store, transport, send and deliver a Package after accepting any Order placed by the Customer if the relevant Package:

• (i) Is suitable for safe storage and carriage thereof without representing a risk to persons or issues in view of its contents, packaging and sealing (while taking into account the method in which Dutch carriers usually store and carry similar packages);
• (ii) Does not contain live animals;
• (iii) Does not contain substances to which the Dutch Opium Act applies;
• (iv) Does not contain substances to which the Dutch Carriage of Dangerous Goods Act applies;
• (v) Does not contain goods to which the Dutch Weapons and Ammunition Act applies;
• (vi) Does not contain cash, negotiable instruments (including securities in the sense of Section 1:1 of the Dutch Financial Supervision Act), precious metals, jewels or other valuables;
• (vii) Has a length, width and height regarding which the sum total is not more than 100 centimetres;
• (viii) Is not heavier than ten (10) kilograms;
• (ix) Is intended for the relevant Customer in accordance with what the packaging specifies;
• (x) Must be delivered at the address of Parcls.com in accordance with what the packaging specifies;
• (xi) Has been sufficiently franked to be delivered to Parcls.com.

The Customer guarantees to Parcls.com by placing an Order that a Package intended for the Customer meets all the requirements set down above.

4.2 Parcls.com has a fair use policy with regard to its services and has the right to refuse to accept, store, transport, send or deliver a Package if the relevant Package is not suitable for performing (one or more of) the relevant operations for the rates that Parcls.com has specified to the customer because of its contents, format, weight or packaging according to the standards of what is reasonable and fair. The provisions in the sentence above of this Article 4.2 also apply if a Package meets all the requirements listed in Article 4.1.

4.3 Parcls.com does not take any precautions for accepting, storing, transporting or delivering fragile goods (including glassware, earthenware and electronic devices).

4.4 Parcls.com has the right to open a Package that it has accepted insofar this is required to return the relevant Package to the sender.

5. Storage and pick-up

5.1 Parcls.com shall store all Packages for seven calendar days at most after receipt while awaiting the instructions of the Customer for whom the Package is intended; if instructions from the relevant Customer have not been received after this period has ended or if the instructions of the Customer entail that Parcls.com must store the relevant Package for a period that is longer than seven calendar days after this period has ended, Parcls.com shall have the right (but not the obligation) to return the relevant Package to the sender.

5.2 If Parcls.com is storing a Package while it is entitled to return the relevant Package to the sender in accordance with these General Terms and Conditions, it may claim a storage fee regarding which the amount shall be specified to the Customer for whom the relevant Package is intended by means of a message through the Application or by email.

5.3 Parcls.com shall offer every Customer a reasonable opportunity to pick up a Package intended for this Customer at the agreed time and location; should there not be an agreement about the time when the Package shall be picked up, Parcls.com shall offer the aforementioned reasonable opportunity for a period of seven calendar days at most after receiving the Package.

5.4 Parcls.com is only obliged to issue a Package that it stores to a person regarding whom the identity can be registered based on valid ID and who has the following data:

• (i) The full name and address of the Customer for whom the relevant Package is intended;
• (ii) The Order number in connection with the storage of the relevant Package.

5.5 If a Package that Parcls.com has returned is not accepted by the sender, Parcls.com shall have the right to destroy the relevant Package if the following conditions have been met:

• (i) Parcls.com has given the Customer for whom the relevant Package is intended the opportunity to pick up the Package by means of a notice sent through the Application or by email for the payment of the storage fee that has become due and payable as a result of Article 5.2;
• (ii) The relevant Package is not picked up by or on behalf of the Customer for whom the Package is intended within five working days after the notice has been sent through the Application or by email as referred to under (i) of this Article 5.5.

5.6 Parcls.com has a right of pledge on any Package that it keeps for a Customer; the relevant right of pledge applies as established for all claims of Parcls.com on the relevant Customer even when these claims are not related to the Order based on which Parcls.com has accepted the Package.

6. Delivery

6.1 Parcls.com’s primary objective is to combine the flow of packages for customers. Insofar as a Customer also gives instructions to have a Package delivered, Parcls.com shall make every effort to observe the periods that it has specified for this; these periods, however, are only indicative. If a delivery period as specified by Parcls.com is exceeded, the Customer shall not be entitled to compensation for any suffered losses or damages unless the delivery does not take place within a reasonable period as a result of the period exceedance.

6.2 Parcls.com shall deliver a Package to the Customer for whom the relevant Package is intended and/or, in relation to return shipments, to the original sender using a method that Parcls.com shall determine.

6.3 Except to the extent in which these General Terms and Conditions derogate from this, the AVC apply to all operations of Parcls.com in relation to the delivery of a Package for a Customer; the relevant Customer is regarded as the sender in relation to the explanation of the AVC. 

7. Liability

7.1 Except insofar the AVC apply, the following applies with regard to the liability of Parcls.com for any losses or damages that any Customer may suffer:

• (i) Parcls.com can never be deemed liable for any loss of profits, non-material damage, consequential damage or indirect losses;
• (ii) Parcls.com cannot be held liable for losses or damages to or related to a Package that does not meet the safety requirements or the requirements related to dimensions, weight, content, packaging, address details or franking that have been set by Parcls.com in relation to this;
• (iii) The total liability of Parcls.com for the damage to or loss of a Package is limited to an amount of € 3.40 per kilogram where the number of kilograms to be taken into account shall be determined based on the weight that is specified on the consignment note for the shipment to Parcls.com of the relevant Package;
• (iv) The total liability of Parcls.com for not offering a reasonable opportunity as referred to in Article 5.3 is limited to an amount that equals the payment that must be paid to Parcls.com for accepting and storing the relevant Package.  

7.2 Parcls.com cannot appeal to the provisions referred to in Article 7.1 in relation to losses or damage that arises from deliberate intent or wilful recklessness of a superior employee of Parcls.com.

7.3 The Customer must submit complaints to Parcls.com within 14 days after the Customer has become aware of the damage or losses.

7.4 A Package and its contents are deemed to not represent any value unless the opposite is proven by the Customer.

8. Website and Application

Parcls.com cannot guarantee the correctness, completeness and/or usefulness of the information included on its website or in the Application about third parties (including the hyperlinks to Internet pages of the relevant third parties). Showing the relevant information does not mean that Parcls.com recommends the products or services of the relevant third parties. Insofar as a Customer uses the relevant information or the services of the relevant third parties, the Customer shall do so at his/her own risk.