Terms & Conditions
MyParcel.com general terms and conditions
Version: November 2016
Article 1 — Definitions
In these general terms and conditions the terms below will have the following meanings, unless explicitly stated otherwise or if the context shows otherwise:
- MyParcel.com.com: the user of these general terms and conditions: MyParcel.com.com is part of Fleetski B.V., located at Hoofdweg 679, in Hoofddorp, registered with the Chamber of Commerce under number 63190133.
- Services: the Services provided to the Customer under the Agreement.
- Product: the Product MyParcel.com provides to the Customer under the Agreement, including, but not limited to, shipping and packaging materials.
- Customer: any natural or legal person who enters into an Agreement with MyParcel.com.
- Agreement: the agreement between MyParcel.com and the Customer;
- Website: the website www.MyParcel.com or any other domain name managed by MyParcel.com.
Article 2 — General
- Any deviations from these general terms and conditions will be valid only if expressly agreed in writing or electronically.
- The applicability of any of the Customer's purchase or other terms and conditions is explicitly rejected.
- If one or more provisions in these general terms and conditions become null or are declared nullified, the other provisions in these general terms and conditions will remain applicable in full. MyParcel.com and the Customer will then discuss new provisions to replace the null or nullified provisions, with as much observance of the purpose and intent of the original provisions as possible.
Article 3 — Offers and quotes
- All offers and quotes are free of obligation, unless stated otherwise.
- MyParcel.com is not obliged to honour its offer if its quote, mailings, Website or other communications contain printing, typesetting, calculation or programming errors.
- If the acceptance deviates (in respect of minor points) from the offer recorded in the quote, MyParcel.com will not be bound by its offer.In that case, the Agreement will not be concluded in accordance with that deviating acceptance.
- A composite price quote does not form an obligation for MyParcel.com to perform a part of the assignment at a corresponding part of the price quoted.
- Offers and quotes do not automatically apply to future assignments.
- These general terms and conditions always apply to future assignments.
- The Customer is obliged to treat quotes and price lists as confidential.
- MyParcel.com does not offer distribution services to companies that already have a customer contract with Post NL for distribution.
Article 4 — Registration, Customer details and login codes
- In order to use the Services, the Customer needs to register on the Website. Once MyParcel.com has approved the Customer, the Customer can use the Services.
- All of the details that the Customer provides to MyParcel.com during the registration must be correct and complete.
- The Customer is obliged to treat the login codes provided by MyParcel.com with care and confidentiality and may only disclose it to authorised employees. MyParcel.com cannot be held liable for any unauthorised use of the Customer's login codes by third parties.
Article 5 — Implementation of the Agreement
- The Services that MyParcel.com provides are clearly described on the Website.
- MyParcel.com will carry out the work to the best of its ability and in a manner to be expected of a careful professional.
- MyParcel.com is only obliged to carry out the work (further) recorded in the Agreement if the Customer has provided MyParcel.com with the details and information required by MyParcel.com, in the specified form and manner.
- When carrying out the Agreement, MyParcel.com has the right to employ third parties, obtain third party goods, purchase third party Services and have third parties carry out all or part of the Agreement and to pass the associated costs of this on to the Customer without notifying the Customer about the same.
- MyParcel.com is dependent on the carriers Services for the delivery of its Services. MyParcel.com is not liable for damages of any kind or for whatever reason caused by Services provided by the carriers.
- MyParcel.com has the right to temporarily suspend its Website for maintenance purposes.
- MyParcel.com is at all times permitted to terminate the Agreement with the Customer, with due observance of a 30 day notice period.
Article 6 — Additional costs
If the Agreement is extended or amended at the request of the Customer or if unforeseen circumstances occur, this may lead to additional costs. The Customer will be informed as soon as possible about these additional costs. MyParcel.com will not start the work that carries the additional costs until after the Customer has given its approval for this, unless there is an emergency.
Article 7 — Delivery
- The Customer must provide MyParcel.com with the recipient's contact details by entering these on the Website. After MyParcel.com has received this information, the Customer will receive the digital address label(s) from MyParcel.com as soon as possible.
- The delivery times indicated by MyParcel.com cannot be regarded as deadlines.
- The Customer is obliged to take receipt of the Products delivered.
- If the Customer fails to do so, the Customer will be responsible for the resulting costs, such as costs for storage.
- Any transportation costs related to Products delivered to the Customer will be charged separately to the Customer.
Article 8 — Change to company details
If the Customer moves or if the Customer's billing address or e-mail address changes, the Customer must inform MyParcel.com in advance and as soon as possible about its new location, place of residence or place of business and/or its new billing address or its new e-mail address in writing or by means of e-mail.
Article 9 — Customer obligations
- The Customer must ensure that all information that MyParcel.com has specified as being necessary, or which the Customer should reasonably understand is necessary for the implementation of the Agreement, is made available to MyParcel.com in good time.
- The Customer declares that it does not have a customer contract with The carriers for distribution at the time this Agreement is concluded.
- The Customer is solely responsible for equipment and other materials, such as a printer and an internet connection, needed to use the Service.
- If the Customer makes information available to MyParcel.com, this information must meet the specifications set by MyParcel.com.
- The Customer is obliged to inform MyParcel.com immediately concerning facts and circumstances that may be deemed important with regard to the implementation of the Agreement.
- The Customer indemnifies MyParcel.com for any claims by third parties that suffer damages as a result of the implementation of the Agreement and for which the Customer is accountable.
- The Customer will cooperate with MyParcel.com insofar as can be reasonably expected of the Customer in support of/for the purpose of providing the Service.
- If the Customer has not fulfilled its obligations as set out in this article, then the Customer will be responsible for all the costs that MyParcel.com has had to incur.
Article 10 — Confidentiality
Both parties are required to maintain the confidentiality of all confidential information received from each other or another source under the Agreement. Information is considered confidential if communicated as such by the other party or if this arises from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided. The Customer must not disclose MyParcel.com rates to third parties.
Article 11 — Prices and fees
- All prices and rates are exclusive of VAT, unless otherwise specified.
- The prices are based on the existing prices, wages, taxes, duties, charges, freight, The carriers rates, etc. at the time of the offer. If any change occurs to one or more of the above mentioned cost factors after the Agreement has been concluded, MyParcel.com is entitled to unilaterally adjust its prices or rates.
- The Customer shall be informed about this in writing or via e-mail in a timely manner. If the Customer does not agree with the changes made to the prices or rates, the Customer is permitted to discontinue using the Services of MyParcel.com.
Article 12 — Payment
- The Customer is obliged to pay the invoices received from MyParcel.com within 14 days of the invoice date.
- The Customer agrees to electronic billing by MyParcel.com.
- Billing is done monthly in arrears on the first of the month.
- If the Customer exceeds the term of payment, the Customer will, after at least one formal notice from MyParcel.com to pay within a reasonable time, be in default by operation of law. In that case, the Customer will owe statutory interest from the date the required sum became due and payable up until the time of payment. In addition, all collection costs, both judicial and extra judicial, incurred after the Customer defaulted will be payable by the Customer.
- In the event of the Customer's liquidation, bankruptcy, seizure or suspension of payment, all amounts owed to MyParcel.com will be immediately due and payable by the Customer.
Article 13 — Force majeure
- MyParcel.com is not obliged to meet any obligation it has in respect of the Customer if MyParcel.com is prevented from doing so due to a circumstance that cannot be attributed to blame, and for which it is not responsible according to law, legal action or generally accepted standards ("circumstances beyond its control").
- Circumstances as provided for in the preceding paragraph include, but are not limited to: malfunctions in the connections to and from the internet, transport delays, strikes, lockouts, government measures, and failure by carriers, suppliers and/or other third parties to fulfil their obligations. Force majeure is also taken to mean shortcomings of third parties that are essential for the provision of the Service, as well as any other situations over which MyParcel.com has no (decisive) control.
- In the event of force majeure, MyParcel.com will for the time being be relieved of its Service delivery obligations, or its obligation to perform the agreed work. It will depend on the circumstances of the case whether this will apply in full or in part and whether this will be permanent, or whether the delivery and/or Services will merely be temporarily suspended. If it is still possible to provide the Service and/or work in full or modified form, both MyParcel.com and the Customer will be obliged to accept this, possibly with adjustments to the amounts payable by the Customer.
Article 14 — Liability
- The information and Services provided on the Website may contain technical inaccuracies and/or typographical errors.
- MyParcel.com cannot be obliged to reimburse any damages incurred that are a direct or indirect result of the following:
- an event that is in fact beyond MyParcel.com's power and cannot therefore be attributed to its actions or inactions, such as those defined in article 13 of these general terms and conditions;
- any act or omission by the Customer, its subordinates or other persons performing work for or on account of the Customer.
- MyParcel.com is not liable for damage caused, for whatever reason, by MyParcel.com using incorrect and/or incomplete details provided by the Customer.
- MyParcel.com is not liable for any damage that results from the Customer using the address label incorrectly.
- MyParcel.com is not liable for any damage to the Product, or to other businesses or individuals, that is the result of, for instance, incorrect, incompetent use of the product or use contrary to the Product user manual.
- In no event shall MyParcel.com be liable for any damage arising from or caused by the Customer using the Product for a purpose other than the purpose for which it is intended.
- If the Customer or a third party modifies a Product supplied by MyParcel.com, MyParcel.com will be excluded from all liability with respect to the functioning of the Product and any (resulting) damage.
- MyParcel.com does not guarantee that the Website or plugins (for links to web store software) are free of malfunctions. The Customer acknowledges that the Service may be disrupted for various reasons. MyParcel.com will endeavour to deliver a complete continuity of Service and to repair disruptions within an acceptable time. MyParcel.com is not liable for damages resulting from the temporary unavailability of the Website.
- MyParcel.com does not accept any liability whatsoever if the Customer insists work be performed against advice given by MyParcel.com.
- MyParcel.com shall in no event be liable for indirect damage, including consequential damage, loss of profit, lost savings and damage due to business interruptions.
- If MyParcel.com is liable for any damage, the total liability of MyParcel.com will be limited to the amount paid out by MyParcel.com's insurer. If in a particular case the insurer does not pay the claim or the damage is not covered by the insurance, MyParcel.com's liability will be limited to the invoice amount, at least to that part of the Agreement to which the liability pertains, with a maximum of EUR 2,500 a year.
- MyParcel.com and the Customer agree that the Customer cannot submit claims under article 2:271 of the Dutch Civil Code (obligation to nullify).
- The liability limitations contained in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of senior staff at MyParcel.com.
- The Customer indemnifies MyParcel.com against all claims by third parties for damages due to a defect in the Services or Products that the Customer has supplied to a third party and that partly consisted of goods, materials or results delivered by MyParcel.com.
Article 15 — Complaints and limitation period
- Complaints must be submitted to MyParcel.com within a reasonable time after the complaint has been discovered or could reasonably have been discovered by the Customer. This reasonable time is a maximum of 12 months.
- If a complaint is justified, the Customer must give MyParcel.com the opportunity to carry out the work as agreed on or to supply a replacement Product.
- If it is no longer possible or worthwhile to carry out the work agreed on or to supply the new Product, MyParcel.com will only be liable within the limits of article 14 of these general terms and conditions.
- Rights of action and other powers that the Customer has of whatever nature and for whatever reason against MyParcel.com will in any case expire after more than a year has passed from the time the fact occur to which the Customer can apply these rights and/or powers in dealings with MyParcel.com.
Article 16 — Suspension and dissolution
- If the Customer fails to fulfil its obligations under the Agreement, MyParcel.com is authorised to terminate the Agreement immediately, without being liable for compensation towards the Customer. In addition, MyParcel.com will be entitled to immediately claim the entire amount for the remaining contract term and will be entitled to suspend other Services or Products purchased from MyParcel.com.
- Furthermore, MyParcel.com is authorised to dissolve the Agreement if circumstances arise of such a nature that make it impossible to fulfil the obligations or that can no longer be demanded based on standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered upholding of the Agreement cannot reasonably be expected.
- MyParcel.com is authorised to dissolve the Agreement if the Customer requests or is granted a suspension of payment, if the Customer is declared bankrupt or the Customer files for bankruptcy, or if the client is unable to pay its debts, proceeds to liquidation of its company, is placed under guardianship, or an administrator or receiver is appointed to the Customer. If the Agreement is dissolved, all amounts owed to MyParcel.com will be immediately due and payable by the Customer. If MyParcel.com suspends the fulfilment of the obligations, it retains its rights under the law and the Agreement.
Article 17 — Retention of title
- All delivered Products and those still to be delivered will remain the property of MyParcel.com, until all of MyParcel.com's claims against the Customer are paid in full.
- As long as the ownership of the Products has not been passed on to the Customer, the Customer may not pledge the Products to third parties or grant any other rights to them.
- The Customer is obliged to treat the Products that have been delivered subject to retention of title with due care and as the recognisable property of MyParcel.com.
- MyParcel.com is entitled to repossess the Products that have been delivered subject to retention of title and are still in the possession of the Customer if the Customer has defaulted on its payment obligation, is currently in default of its payment obligation, or is at risk of defaulting on its payment obligation. The Customer will at all times provide MyParcel.com with free access to its premises and/or buildings for the inspection of the Products and/or for MyParcel.com to exercise its rights.
Article 18 — Intellectual property rights
- MyParcel.com or its suppliers will retain all intellectual property rights relating to the Website, the Service, the software and the information provided to the Customer by MyParcel.com. The Customer is not permitted to reproduce, disclose or publish, or copy any of that information. The Customer shall receive a non-transferable and non-exclusive right of use for the duration of the Agreement for the purpose of using the Service.
- MyParcel.com and the Customer agree that MyParcel.com is and will remain the rightsholder of the (intellectual) property rights, including copyrights, that rest on all information that is processed using the Services and entered by MyParcel.com, the Customers and/or visitors (hereinafter referred to as: Data).
- Insofar as there are no (intellectual) property rights attached to the Data, MyParcel.com and the Customer agree that MyParcel.com is and will remain the rightsholder of all entered Data and that the Customer only has user rights, as stipulated in the Agreement.
Article 19 — Security and Internet
MyParcel.com will take appropriate security measures to protect the Website or the Services against the risks of unauthorised access or modifications, destruction or loss of the information that the Customer entered through the Website or Services, but MyParcel.com can give no guarantee in this regard.
Article 20 — Staff
The Customer is not permitted to employ MyParcel.com staff or in any other way hire them, directly or indirectly, to conduct work for them as long as the relationship between the Customer and MyParcel.com continues, or within the one-year period following, without prior written consent from MyParcel.com. The MyParcel.com staff in this context are taken to mean persons employed by MyParcel.com or one of MyParcel.com's affiliated enterprises or who were employed by MyParcel.com or one of MyParcel.com's affiliated enterprises within the past six months.
Article 21 — Final provisions
- MyParcel.com reserves the right to change or supplement these terms and conditions.
- Changes also apply with regard to previously concluded Agreements with due observance of a period of 30 days after announcement of the change on the Website, by electronic messages or in writing. Minor changes may be made at any time.
- If the Customer decides not to accept a change to these terms and conditions, the Customer can terminate the Agreement up until the date on which the new terms and conditions take effect, unless MyParcel.com has indicated that the old terms and conditions remain in force for the Customer.
- The versions of communications received and saved by MyParcel.com (including administration) will be considered authentic, subject to evidence provided by the Customer to the contrary.
- The Customer agrees that MyParcel.com can transfer the rights and obligations attached to MyParcel.com under the Agreement to a third party without consent from the Customer.
- Parties will first appeal to a court after they have made every effort to resolve the dispute in mutual consultation.
- The Dutch law applies to each Agreement between MyParcel.com and the Customer.
- All disputes concerning Agreements between the Customer and MyParcel.com will be brought before the competent court in Amsterdam.