Terms and conditions of service – valid from 8 June 2017

1. DEFINITIONS

Terms used in the Terms and Conditions mean respectively:

a. Logistiko: Logistiko sp. z o.o. in Kraków (30-149), ul. Balicka 12A place B4 entered into the Register of Entrepreneurs kept by the Regional Court for Kraków–Śródmieście in Kraków, XI Economic Department of the National Court Registry (KRS) under no. 0000517801 with the share capital of PLN 5,000. NIP: 6772382542
b. Price List: up-to-date, basic price list of Logistiko available at: http://logistiko.pl/. Logistiko reserves the right to set individual prices for Customers if the Customer’s needs exceed the standard scope of Logistiko services. In this case the price list will be delivered to the Customer as a separate tender offer.

c. User Account: an account run by Logistiko for the Ordering Person via the Customer Panel. It is a collection of resources used to gather data related to the Ordering Person and information about events generated by the Ordering Person and related to his or her account as part of the Customer Panel.

d. Warehouse: the warehouse of the Ordering Person’s choice used by Logistiko to provide services (currently the central warehouse in Ożarów Mazowiecki, bonded warehouse in Ożarów Mazowiecki and mixed cargo warehouse in Rząska are available).

e. Customer Panel: a web site run by Logistiko, maintained on panel.logistiko.pl, which the Ordering Party may use to place a request to rent storage space and provide complementary services.

f. Goods: movables stored by the Ordering Party in a Logistiko warehouse on the terms and conditions stated in the Terms and Conditions.

g. Terms and Conditions: these terms and conditions and any appendices to it.

h. Service: warehousing service provided by Logistiko as ordered by the Ordering Person. It consists of making storage space available to the Ordering Person along with complementary services on terms and conditions defined in the Terms and Conditions, at
a fee according to the Price List in the form of a prepayment.

i. Ordering Person: a corporate entity or a non-corporate entity which under separate provisions has legal capacity and the capacity to perform acts in law, conducting a business activity, meeting the requirements hereof, and which orders the performance of the Service by Logistiko via the Customer Panel.

2. PRELIMINARY PROVISIONS

2.1 These Terms and Conditions define the terms and conditions of Services provided by Logistiko based on an order placed by the Ordering Person, the Terms and Conditions, and the Price List via the Customer Panel.

2.2 Logistiko Services shall be provided only to corporate entities and non-corporate entities which under separate provisions have the legal capacity, acting through duly empowered representatives, in the scope of their business activity.

2.3 The Ordering Person agrees to review the Terms and Conditions before being provided with Logistiko Services.

3. CREATING AND MAINTAINING THE USER ACCOUNT

3.1 To enjoy the full scope of Services provided by Logistiko, the Ordering Person should register through the Customer Panel. The registration unequivocally means creating a User Account.

3.2 To facilitate handling the Orders by Logistiko, the Ordering Person shall have an e-mail account. The e-mail account is used in the registration process and to sign in. All information and notifications related to Orders, including the settlement of accounts in particular, will be sent to the Ordering Person at the indicated e-mail address. The indicated e-mail address is a correspondence address and Logistiko will send all correspondence related to the provided Services to the address.

3.3 The User Account is created automatically during the process of registering the Ordering Person via the Customer Panel.

3.4 Activating the User Account and acceptance of the ordered Service requires a prior acceptance by Logistiko sent by e-mail.

3.5 The Ordering Person may have more than one User Account. The Ordering Person is responsible to Logistiko for the payment of due compensation and other charges related to the provision of the Service as part of all accounts created by the Ordering Person up to the value of Logistiko’s claim.

3.6 The Ordering Person will be granted access to the User Account after signing in (entering login and password) in the Customer Panel.

3.7 Logistiko has the right to refuse to create a User Account for a person who violates or persistently infringes the provisions hereof or absolutely applicable laws now or in the past and if the verification of the data entered in the registration process suggests that it is not true.

As a result of keeping a User Account, messages and documents related to the services provided by Logistiko, in particular VAT invoices, proforma invoices, request for payments, additional charges, debit notes, and corrective VAT invoices will be sent to the e-mail address indicated by the Ordering Person in accordance with the Regulation of the Minister of Finance of 20th December 2012 on the sending of invoices in an electronic form, the principles of their storage and the manner of making them available to tax authorities or tax inspection bodies.

3.9 When creating a User Account, the Ordering Person can agree not to receive messages containing logistiko.pl offers or other advertising content. The User can revoke the consent described in the previous sentence by sending a relevant instruction at any time.

3.10 The Ordering Person shall keep his or her data entered in order to create a User Account up-to-date at all times. Changing the data may not include changing the person for which the User Account has been created. Logistiko shall not be held responsible for any damage resulting from using incorrect data entered in the Customer Panel by the Ordering Person.
3.11 Rights to the User Account must not be assigned to a third party by the Ordering Person, unless absolutely binding law stipulates otherwise.

4. ORDER COMPLETION

4.1 The Ordering Person can place an order after logging into the User Account.

4.2 Orders will be handled promptly; however, no sooner than when it is possible due to prior orders accepted by Logistiko and the organisational capabilities of Logistiko.

4.3 Order completion dates are illustrative and may change.

4.4 The Ordering Person can place orders 7 days a week, 24 hours a day. Orders are processed on workdays, from Monday to Friday, during Logistiko working hours.

4.5 The order will be processed according to the rules defined in Appendix 1 (Release Procedure) to the Terms and Conditions.

4.6 Orders are accepted for execution no sooner than after recording the payment made by the Ordering Person on his or her individual bank account created by Logistiko to process Orders and after accepting it for execution.

4.7 The Ordering Person is responsible for the correctness of the data given to Logistiko. If incorrect data has been given, Logistiko will charge the Ordering Person with additional fees resulting from the need to fulfil the provisions of the agreement in a scope different from the initial content of the Order.

4.8 The Ordering Person will be informed about the acceptance of an order with an e-mail sent to the indicated e-mail address of the Ordering Person.

4.9 Logistiko has the right to request from the Ordering Person a characteristics sheet for an item given to the warehouse if it is needed to process the order properly due to the particular characteristics of the item. Logistiko may refuse to process the Order if the characteristics sheet for an item delivered to the warehouse has not been submitted.

4.10 The Ordering Person is obligated to:

a. pack the Goods in such a way that facilitates their transportation without damaging the Goods and in a way customarily adopted for storage and transportation of this type of Goods;

b. mark the Goods with a unique EAN code (if the Goods are not marked with an EAN code, Logistiko will mark the Goods for a fee, according to the Price List);

c. cover the full amount of the loss caused to Logistiko by submitting incorrect Order data by the Ordering Person (in particular incorrect size of the Goods, their weight and properties);

d. On every request of logistiko.pl, submit all necessary documents needed to complete the order, including – if needed – the original or certified by a notary form, in particular in the event of a fiscal or customs inspection.

4.11 When the Ordering Person places an Order, Logistiko has the right to verify the correctness of the data, including data related to the consistency of the content of the Goods with the provisions of the law and the Terms and Conditions.

4.12 ‘Technical downtimes’ may occur in the availability of the Customer Panel for its maintenance. The break intervals, length and scope of functionality of the Customer Panel limited by the technical downtimes depend on the scope of maintenance work every time.

5. LIABILITY

5.1 Logistiko is not liable for the content of the Goods submitted by the Ordering Person for storage. If Logistiko becomes aware that the content of the Goods submitted by the Ordering Person for storage infringes absolutely binding law or infringes the legitimate interests of third parties, it may notify the relevant persons and store the Goods until the case has been clarified. The costs of storage shall be borne entirely by the Ordering Person.

5.2 Logistiko may be held liable for a properly provided Service only in the scope of absolutely binding laws and the Terms and Conditions.

5.3 In the case of Order completion, the liability of Logistiko for lost profits shall be excluded.

6. PAYMENTS AND SETTLEMENTS

6.1 User Account maintenance via the Customer Panel is free.

6.2 The Ordering Person shall settle with Logistiko the payments due for the execution of the Order in accordance with the Price List available in the Customer Panel. In the case of processing Orders in the scope not included in the Logistiko Price List, the prices indicated to the Ordering Party in the response to the request for proposal shall apply.

6.3 Payment are made in Polish złoty (PLN). If the Ordering Party makes the payment in
a currency other than Polish złoty (PLN), then the Ordering Person shall bear the risk related to the currency exchange rate in a relevant bank.

6.4 Logistiko will issue a VAT invoice for the provided Services, according to the choice of the Ordering Person, in monthly or two-weekly settlement periods, including all Services performed by the Ordering Person in the given settlement period. The VAT invoice will be issued according to the data submitted by the Ordering Person. The Ordering Person may request a VAT invoice for a single Order at the placement of the Order.

6.5 The Ordering Party agrees that Logistiko will issue and send VAT invoices and other support documents without the signature of the Ordering Person in an electronic form to the e-mail address of the Ordering Person.

6.6 Payment for the Services is made in the form of prepayments made by the Ordering Person or third party authorised by the Ordering Person or in the form of quick bank transfers to an individual assigned bank account or via Dotpay, a paying agent. The date of recording the payment on the individual bank account of the Ordering Person by Logistiko shall be taken as proof. The prepayments described in the first sentence of section 6.6 do not include customs duties, public levies and other fees imposed by relevant regulations. The Ordering Person shall return such payments and fees to Logistiko upon every request.

6.7 If completing the Order requires additional payment due to reasons that do not concern Logistiko, the Ordering Person will be charged with the additional payment. Logistiko may abstain from completing the Order until the additional payment has been made by the Ordering Person. Logistiko has the right of lien on the Goods until all payments due and compensation have been paid by the Ordering Person.

6.8 If the Ordering Person withdraws the Order, Logistiko shall return the amount paid by the Ordering Person for handling the Order minus costs borne by Logistiko for activities undertaken to complete the Order until the receipt of the Order withdrawal notification.

6.9 Logistiko may deduct the receivables due from the funds accumulated on the User Account or Accounts of the Ordering Person.

6.10 Online payments available as a part of Logistiko Courier Platform are handled by, as
a payment agent, Dotpay S.A., a company with its registered office in Kraków, ul. Wielickiej 72, 30-552 Kraków entered into the Register of Entrepreneurs kept by the Regional Court for Kraków – Śródmieście, XI Economic Department of the National Court Registry (KRS) under no. 0000296790 with a share capital of PLN 4,000,000, fully paid, Tax Identification Number (NIP): 6342661860. Irrespectively of the previous sentence, the Ordering Person may make the payment via bank transfer to an individual bank account assigned to the Ordering Person.

6.11 Payments via the payment scheme may be made only by persons authorised to use the instrument which is used to make the payment and in accordance with the payment agent’s instructions.
6.12 In the event of overdue payments that are to be paid by the Ordering Person to Logistiko, Logistiko has the right of lien on the items submitted by the Ordering Person as
a part of the Order until all payments due have been paid by the Ordering Person. Until the payments due mentioned in the previous sentence have been paid, the provision of the Service related to items submitted as a part of an Order by the Ordering Person on which Logistiko has the right of lien is suspended.

6.13 Complaints related to non-fulfilment or incorrect fulfilment of the payment service performed by the Dotpay payment service should be directed to Dotpay S.A. directly to their email address, in accordance with the regulations of provision of services on the electronic payments of Dotpay S.A.

7. EXCLUDED GOODS

7.1 Before ordering a Service, the Ordering Person shall review the list of excluded Goods which cannot be subject to the Services provided. The list of excluded Goods is available at: logistiko.pl/uslugi/towary-wylaczone/

7.2 Irrespective of Section 7.1 above, Goods that are dangerous to human life or health, are a threat to the integrity of other Goods stored at the Warehouse or the storing of which could cause a loss by Logistiko or third parties cannot be subject to the Services provided.

7.3 Goods submitted by the Ordering Person which cannot be subject to the Services provided will be returned to the Ordering Person at his/her cost and risk. Logistiko will charge the Ordering Person with the costs resulting from submitting Goods to be stored to Logistiko mentioned in the previous sentence.

7.4 Irrespective of the provisions of the Terms and Conditions, if the Ordering Person submits Goods containing Excluded Goods that never form components of the Goods, he/she shall bear sole responsibility for the circumstances, as regulated by absolutely binding laws of the European Union or the Republic of Poland.

8. TERMINATION

8.1 The Ordering Person may suspend the User Account at any time by submitting
a relevant statement in an electronic form via the contact form available in the Customer Panel or in writing to the address of Logistiko.

8.2 In the event of payments due for Logistiko being overdue for more than 7 days, Logistiko may block the option of placing orders via the User Account until all the payments due have been paid by the Ordering Person.

8.3 In the event of infringement of the Terms and Conditions by the Ordering Person, Logistiko may suspend the User Account. Funds accumulated on the User Account, after deducting Logistiko’s claims against the Ordering Person, will be transferred to a bank account indicated by the Ordering Person or will be returned by postal order at the cost of the Ordering Person. To avoid doubts related to the identity of the bank account holder, in order to submit an instruction to transfer the remaining funds from the User Account to
a bank account, it is necessary to send a scan of a document from the bank confirming that the Ordering Person is the authorised operator of the indicated bank account as well as
a scan of the identification document of the Ordering Person.

8.4 Logistiko and the Ordering Person may terminate the agreement upon 30-days notification without stating the reason. Additionally, it is necessary to submit a termination statement in an electronic form, available via the Customer Panel, or in writing.

8.5 Termination of the agreement shall not have any prejudice to accepted Orders, which will be completed in accordance with their content.

9. FINAL PROVISIONS

9.1 The Terms and Conditions are available in the Customer Panel. The Terms and Conditions are sent via email on the request of the Ordering Person.

9.2 In the event of any changes to the Terms and Conditions, Logistiko will inform about the changes in the Customer Panel. The changes shall apply on the day indicated by Logistiko, no sooner than 7 days from the day they are posted on Logistiko website and the Ordering Person is notified. An Ordering Person that does not accept the changes to the Terms and Conditions may terminate the agreement pursuant to the rules defined in section 9.1. An Order placed before the implementation of the changes will be completed in accordance with rules existing before the change.

9.3 Unless absolutely binding rights do not state otherwise, the contract between the Ordering Person and Logistiko, which the provision of the Order by Logistiko is subject to, should be governed by the law.

The archival Terms and Conditions are available here