General terms and conditions of services of Logistiko sp. z o.o.

1. DEFINITIONS

The definitions used in the General Terms and Conditions of Services shall mean:
1.1. Price List: a current price offer of Logistiko indicated in an attachment to the General Terms and Conditions of Services: Guide to the services along with the price list, which is available at the following website: www.logistiko.pl
1.2. User Account: a record of resources and events generated by the Ordering Party, as well as their authorisations available via the Customer Panel and administered by Logistiko, which was assigned a unique login and a password.
1.3. Logistiko: Logistiko sp. z o.o. in Kraków (30-149), ul. Balicka 12A/B4 entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS no. 0000517801, with the initial capital amounting to PLN 50,000.
1.4. Warehouse: warehouse area chosen by the Ordering Party and made available by Logistiko, which is a place of providing the Services on the basis of the General Terms and Conditions of Services and the Agreement.
1.5. General Terms and Conditions of Services: these General Terms and Conditions of Services along with the following attachments: Guide to the services along with the price list, Warehouse Procedures.
1.6. Customer Panel: tools available at the following website https://panel.logistiko.pl necessary in order to provide the Services chosen by the Ordering Party and provided by Logistiko on the basis of the provisions of the General Terms and Conditions of Services and other processes relating to the chosen Services.
1.7. Payment Collection: a service provided as an additional service in relation to the basic transport service by the Carrier selected by the Ordering Party in the manner referred to in item 5.4. hereinbelow of the General Terms and Conditions of Services consisting in making payment due to the Ordering Party COD, in line with the principles and within the time limit arising from the binding regulations of Allekurier sp. z o.o. with its registered office in Kraków, ul. Balicka 12a room B4, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS no. 0000430370, the initial capital amounting to PLN 50,000 PLN, NIP (Tax Identification No.) 6772370941, REGON (business ID no.) 12264050600000, to which the services are provided by this forwarder.
1.8. Carrier: a carrier selected by the Ordering Party within the meaning of the Transport Law as of 15 November 1984 among the carriers available at the following website www.logistiko.pl, made available by Allekurier sp. z o.o. with its registered office in Kraków, ul. Balicka 12a room B4, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS no. 0000430370, the initial capital amounting to PLN 50,000, NIP (Tax Identification No.) 6772370941, REGON (business ID no.) 12264050600000.
1.9. Goods: movable goods within the meaning of Section 3 paragraph 1 item 18) subitem a and 19) subitem a) of the Accounting Act as of 29 September 1994
1.10. Service: a service provided by Logistiko against payment on the basis of the provisions of the General Terms and Conditions of Services ordered by the Ordering Party whose order was placed via entry of a proper instruction in the Customer Panel or without the order of the Ordering Party in the cases provided for in the Agreement or in the General Terms and Conditions of Services.
1.11. Agreement: an agreement concluded between the Ordering Party and Logistiko in a form of written declarations of will submitted under pain of nullity, to which the provisions of the General Terms and Conditions of Services are fully applicable. In the event of irreconcilable discrepancies between the provisions of the Agreement and the General Terms and Conditions of Services, the provisions of the General Terms and Conditions of Services shall take precedence.
1.12. Announcement of Delivery/Return: information entered by the Ordering Party via the Customer Panel, on the basis of which Logistiko prepares logistic resources necessary in order to provide the ordered Service, which has to contain the following elements: clear determination of the assortment of the Goods, description of the Goods (name), bar code of the Goods, amount of the Goods, clear determination of the methods of delivery (own transport, postal consignment, courier mail etc. in accordance with the manner of delivery specified by the parties), proper waybill number – applicable only to the Announcement of the Delivery, clear determination of the deadline for the delivery (day) – applicable only to the Announcement of the Delivery, determination of the status of the Goods (without defects/damaged) – applicable only to the Announcement of the Return.
1.13. Ordering Party: a natural person, legal person or an organisational entity which does not possess legal personality, which on the basis of separate provisions of law has capacity to incur obligations and which places an order concerning the provision of the selected services by Logistiko under the condition of clear acceptance of such an order by Logistiko.

2. PRELIMINARY PROVISIONS

2.1. The General Terms and Conditions of Services define the terms and conditions regarding the provision of the Services by Logistiko.
2.2. The order regarding the provision of the Service can be placed only by a natural person who has full capacity to perform acts in law, a legal person or an organisational entity which does not posses legal personality but which is assigned capacity to perform acts in law exclusively as part of the conducted business activity by separate provisions of law. Logistiko does not provide Services to natural persons performing a legal act with an entrepreneur which is not directly related to its business or professional activity.
2.3. The Ordering Party shall be obliged to get familiar with the General Terms and Conditions of Services prior to placing the order regarding the provision of the Service.

3. USER REGISTRATION AND ACTIVATION

3.1. Access to all Services offered by Logistiko is possible only after signing the Agreement by the Ordering Party and Logistiko and after the Ordering Party registers itself via the User Panel. The registration referred to in the preceding sentence is equal to the creation of the User Account.
3.2. Activation of the User Account requires prior acceptance of Logistiko granted by email sent to the email address indicated by the Ordering Party or in another clear manner, as well as paying a security deposit in the amount indicated by Logistiko by the Ordering Party. Logistiko can increase the minimum limit of the security deposit required from the Ordering Party. The security deposit is at the exclusive disposal of Logistiko, excluding the Ordering Party’s right to dispose of the security deposit towards commissioning the provision of the Services.
3.3. The Ordering Party receives access to the User Account after logging in (i.e. providing a unique login and a password) in the Customer Panel.
3.4. Logistiko can refuse to create the User Account for the Ordering Party who violates or violated grossly or persistently the General Terms and Conditions of Services, mandatory provisions of law, in the case where verification of data provided by the Ordering Party in the process of registration indicates that they are false or unverifiable or in the case where due to the type of the business activity conducted by the Ordering Party, the type of the Goods delivered to the Warehouse or the specification of the orders Logistiko does not allow for the possibility of providing Services.
3.5. The provision of the Services requires indication of the email account which will be active throughout the whole term of the agreement by the Ordering Party. Communications and documents regarding the Services provided by Logistiko, in particular information concerning the provided Service, VAT invoices, pro-forma invoices, calls for payment, additional charges, debit notes, corrections of VAT invoices on the basis of the Value Added Tax Act as of 11 March 2004, statements of Logistiko concerning termination of the Agreement, dissolution of the Agreement or amendment of the terms and conditions of the performance of the Agreement, as well as other statements relating to the concluded agreement will be sent to the email address indicated by the Ordering Party, in relation to the maintenance of the User Account. The Ordering Party shall be obliged to conduct electronic correspondence with Logistiko exclusively via email address indicated by the Ordering Party referred to in the preceding sentence.
3.6. The Ordering Party shall be obliged to update their data provided in order to create the User Account on an ongoing basis. The change of data cannot consist in the change of the Ordering Party, i.e. an individualised entity for which a given User Account has been created. Logistiko does not incur any liability for damage on the part of the Ordering Party or third parties acting for or on behalf of the Ordering Party, which occurred as a result of using incorrect data provided by the Ordering Party.
3.7. Assignment of the Ordering Party’s rights towards Logistiko or third parties acting for or on behalf of Logistiko requires consent of Logistiko granted in writing under pain of nullity.

4. ORDER EXECUTION

4.1. Following logging in the User Account, the Ordering Party can place an order regarding the provision of the Service. The Ordering Party can place the order also in the case of integrating IT systems of the Ordering Party and Logistiko, by means of automatic sending of the order by the IT system of the Ordering Party to the IT system of Logistiko. List of the Services offered by Logistiko is available in the Guide to the services along with the price list attached to the General Terms and Conditions of Services.
4.2. The Services are provided within the time limits and in line with the principles arising from the provisions of the General Terms and Conditions of Services.
4.3. The time limits provided for the provision of the Service are counted from the date of accepting a given order by Logistiko. Acceptance referred to in the preceding sentence takes place by means of sending by Logistiko electronic mail to the email address indicated by the Ordering Party containing information on accepting the Service or in another clear manner.
4.4. The Ordering Party is able to place orders on a 24-hour/7-day-a-week basis. The order execution takes place on working days from Monday to Friday during working hours of the Warehouse of Logistiko, unless the Ordering Party purchases an additional service, however, not earlier than after the acceptance of Logistiko.
4.5. The Service will be accepted only in the case where the balance on the individual bank sub-account of the Ordering Party is in the amount which at least corresponds to the amount of remuneration due to Logistiko for the Service commissioned by the Ordering Party.
4.6. The Ordering Party is responsible for the correctness of data provided to Logistiko, on the basis of which Logistiko provides the Service selected by the Ordering Party. In the event of providing incorrect and, in particular, incomplete and false data, Logistiko shall charge the Ordering Party with an extra fee arising from the necessity to perform the Agreement within the scope inconsistent with the original content of the order.
4.7. Logistiko can demand that the Ordering Party provide goods safety data sheets if due to special properties of the goods or due to other reasons it is necessary in order to provide the Service in a proper manner. In the case of failure to provide the goods safety data sheet referred to in the preceding sentence, Logistiko can refuse to provide the Service or its further provision, as well as to undertake all necessary activities in order to secure the Ordering Party’s Goods, the Goods of other people, as well as people who are in the Warehouse, including the utilisation of the Goods whose safety data sheet was not provided and charge the Ordering Party with the costs of such an activity.
4.8. The subject of the Service can only be the Goods which were admitted to trading on the territory of the European Union in a correct manner, i.e. in accordance with the applicable provisions of law, and which additionally have all certificates and permits required by the provisions of law.
4.9. The Ordering Party shall be obliged to:

4.9.1. adhere to the provisions of the Agreement and the General Terms and Conditions of Services, especially within the scope of the agreed logistic conditions regarding the delivery, storage, releases and return referred to in the attachment to the General Terms and Conditions of Services: Guide to services along with the price list and mandatory provisions of law,
4.9.2. mark the Goods with a unique EAN code (in the case of the lack of marking of the Goods with a unique EAN code, Logistiko shall mark the Goods against payment compliant with the Price List),
4.9.3. cover full costs incurred by Logistiko or third parties acting for or on behalf of Logistiko, or costs due for the provision of incorrect data regarding the Order by the Ordering Party (in particular data non-compliant with the real dimensions of the Goods, their weight or properties), or costs which arose despite the correct provision of the Service by Logistiko, pay remuneration due to Logistiko and third parties for the provision of the Service and cover full damage suffered by Logistiko or third parties acting for or on behalf of Logistiko, if the damage is a consequence of the provided Service,
4.9.4. upon each request of Logistiko, submit all documents necessary in order to provide the Service in a correct manner, including, where necessary, in the originals or copies certified by a notary, in particular in the case of tax investigation or customs control.
4.10. In the situation where the Ordering Party or third parties acting for or on behalf of the Ordering Party receive improper payment, the Ordering Party shall be obliged to return the amount immediately to the bank account indicated by Logistiko.
4.11. In the event the Goods cannot be transported by the Carrier selected by the Ordering Party, Logistiko shall be authorised to select another Carrier that will deliver the Goods and can commission to this Carrier delivery of the Goods to the address indicated by the Ordering Party. In the situation referred to in the preceding sentence, Logistiko shall be authorised to fully charge the Ordering Party with the costs relating to such activities.

4.12. The Ordering Party shall deem all invoices issued by Logistiko as accepted in a form in which they have been issued.
4.13. The Ordering Party shall be obliged to announce the delivery/return in accordance with the procedure applicable as part of the system of Logistiko and the content of a waybill, where as part of one waybill and one means of transport only one Announcement of the Delivery/Return can be generated. Logistiko reserves the right to refuse to accept the delivery commissioned in a manner not complaint with the preceding sentence.
4.14. In the event the Ordering Party places the order, Logistiko shall be authorised to verify correctness of data, including data concerning the content of the Goods and compliance of the content of the Goods with the applicable provisions of law and the General Terms and Conditions of Services.
4.15. The so-called technical breaks necessary in order to maintain the Customer Panel can occur in connection with the access thereto. The periods relating to the occurrence of the technical breaks, the length of their duration and scope of functionality of the Customer Panel limited by the technical break each time depend on the scope of maintenance works.

5. LIABILITY

5.1. Logistiko shall not bear any liability for the Goods provided by the Ordering Party, insofar as the Goods are not compliant with the applicable provisions of law, violate justified rights of third parties, have been packed in an improper manner in relation to their properties or in the case where the Goods are damaged or lost due to other reasons on the part of the Ordering Party. Should Logistiko obtain information that the content of the Goods provided by the Ordering Party violate mandatory provisions of law, justified rights of third parties or pose a threat to people who are in the Warehouse or the Goods which are therein, then Logistiko can notify relevant persons of this fact, retain the Goods, suspend the provision of the Services or undertake other activities until the moment this issue is solved, including termination of the Agreement without the notice period. Costs of storing the Goods shall be fully incurred by the Ordering Party.
5.2. Logistiko shall bear liability for the correct provision of the Service only as part of mandatory provisions of law and the General Terms and Conditions of Services, however Logistiko shall not bear any liability for the benefits lost by the Ordering Party and third parties acting for or on behalf of the Ordering Party; liability for damage of Logistiko is excluded in relation to the time limits provided for the provision of the Service as well.
5.3. Logistiko shall bear liability towards the Ordering Party for the Goods which have not been insured up to the guarantee amount, i.e. PLN 300.00 (say: three hundred zlotys 00/100). In the event the Ordering Party insures the Goods by means of buying a relevant Service offered by Logistiko, Logistiko shall bear liability towards the Ordering Party for the Goods in line with the principles defined in the agreement relating to the insurance of the Goods limited to the amount of insurance.
5.4. The transport services and returns of payments are provided by the Carrier selected by the Ordering Party via Allekurier sp. z o.o. with its registered office in Kraków, ul. Balicka 12a / B4, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under KRS no. 0000430370, the initial capital amounting to PLN 50,000 PLN, NIP (Tax Identification No.) 6772370941, REGON (business ID no.) 12264050600000.
5.5. The legal relationship of the forwarding services provided by Allekurier sp. z o.o. exclusively for and on behalf of the Ordering Party regarding the Carrier selected by the Ordering Party referred to in item 5.4. hereinabove and the General Terms and Conditions is governed by the regulations of Allekurier sp. z o.o. available at the following website www.allekurier.pl, the regulations of the Carrier selected by the Ordering Party and mandatory provisions of law. The preceding sentence does not concern prices for the transport Services, which are each time governed by the attachment to the General Terms and Conditions of Services, Guide to the services and the price list.
5.6. Logistiko shall not bear liability for the Carriers selected by the Ordering Party in order to perform the Service. Within the scope of the liability of the selected Carriers, the content of the legal relationship which has been created with the Ordering Party shall be governed by mandatory provisions of law, regulations of the selected Carrier and regulations of the platform www.allekurier.pl. While selecting the Services referred to in the preceding sentences hereof, the Ordering Party accepts the provisions of these regulations.

6. COMPLAINTS

6.1. The Ordering Party can lodge complaints regarding improper functioning of the Customer Panel and the Services provided by Logistiko or third parties via contact form available at the following website www.logistiko.pl , in a form of a letter sent to the following address: Logistiko sp. z o.o. in Kraków, ul. Balicka 12a room B4, 30-149 Kraków, with a following note: “complaint Logistiko” or to the following email address: [email protected] . In the event of a complaint regarding additional charges which should be paid by the Ordering Party, the Ordering Party shall be obliged to add additional information in the heading of the letter: “complaint due to additional charges”.
6.2. The complaint should contain at least: data allowing for identification of the Ordering Party, email address of the Ordering Party assigned to the User Account, transaction no. or other data allowing for identification of the Order constituting subject of the complaint and circumstances justifying the complaint.
6.3. If data or information provided in the complaint require supplementation, prior to consideration of the complaint Logistiko shall request the Ordering Party to supplement it within the indicated scope.
6.4. Complaints shall be considered within 30 days from the date Logistiko submits a correct complaint received from the Ordering Party to the entity authorised to consider the complaint. The Ordering Party shall receive information on the manner of considering the complaint via electronic mail, on the email address assigned to the User Account.
6.5. Complaints shall be considered by Logistiko on the basis of the General Terms and Conditions of Services and mandatory provisions of law.
6.6. Complaints regarding execution of the Order within the scope in which such a given service is provided by the Carrier selected by the Ordering Party, where Logistiko shall not be at fault regarding the choice in accordance with the content of Section 799 of the Civil Code, should be addressed to the Carrier via Logistiko. Contact data are available at the following website www.allekurier.pl. Single complaint can concern the execution of the Order as part of one waybill.
6.7. The complaint should contain: data of preparation of the complaint, first name and surname, as well as the address of residence (registered office) of the Carrier, first name and surname (name) and address of residence (registered office) of a person lodging the complaint, title and justification of the complaint, the amount of the claim (separately for each waybill in the case of the Service provided by a selected Carrier), list of the attached documents (in accordance with the Regulation of the Minister of Transport and Construction as of 24 February 2006 on defining the condition of consignments and complaint proceedings, Journal of Laws No. 38, item 266) and signature of a person authorised to lodge the complaint.
6.8. The Ordering Party shall be obliged to submit the complaint to Logistiko within the time limit enabling Logistiko getting familiar with the content of the complaint and provide the complaint to the entity authorised to consider it within the time limit indicated by mandatory provisions of law or contractual provisions. Logistiko shall not bear liability for submitting the complaint after the time limit referred to in the preceding sentence to the entity authorised to consider it, if a given event is a consequence of submitting to Logistiko by the Ordering Party the complaint within the time limit making it impossible to get familiar with it and submit it to the entity authorised to consider the complaint within the indicated time limit, in particular in the event of submitting the complaint to the Ordering Party on the last day of the indicated time limit referred to in the preceding sentence.
6.9. The Customer can ask for the assignment of the rights as part of the provided Service by the selected Carrier and on this basis independently pursue rights directly from the Carrier, which can have influence on the shortening of the period of waiting for the consideration of the complaint.
6.10. The Ordering Party that wants to lodge the complaint in relation to the execution of the order by the selected Carrier within the scope in which the Carrier bears liability is obliged to adhere to mandatory provisions of law and the regulations of the selected Carrier, in particular within the scope of the time limits indicated for submitting and considering the complaint of the selected Carrier.

7. PAYMENTS AND SETTLEMENTS

7.1. Maintenance of the User Account via the Customer Panel is free of charge.
7.2. The Ordering Party shall be obliged to pay a cash deposit constituting security of the payment of the amount due to Logistiko. The amount of the deposit referred to in the preceding sentence is defined individually for each Ordering Party in the Agreement. Logistiko can increase the minimum limit of the security deposit required from the Ordering Party. The security deposit is at the exclusive disposal of Logistiko, excluding the Ordering Party’s right to dispose of the security deposit towards commissioning the provision of the Services. In the event of the termination of the Agreement, Logistiko can allocate the amount of the deposit paid by the Ordering Party to the outstanding payments of the Ordering Party.
7.3. Payments are made in the Polish zloty. In the event of making payment by the Ordering Party in another currency, the Ordering Party shall bear risk related to the cost of the currency conversion into the Polish zloty applicable in a relevant bank.
7.4. Logistiko shall issue a VAT invoice for the provision of the Service in a monthly settlement cycle, regarding all Services provided on the basis of the Agreement and the General Terms and Conditions in a given settlement cycle. VAT invoice shall be issued in accordance with data provided by the Ordering Party with 7-day term of payment.
7.5. In the event the execution of the Order due to reasons which do not concern Logistiko requires making an additional payment, the Ordering Party shall be charged with such an additional payment. Logistiko can allocate the deposit to additional charges referred to in the preceding sentence or suspend the provision of the Service until the additional charge is made by the Ordering Party, provided, however, that the amount of the deposit is lower than the amount of the charges. Logistiko shall have the right to establish pledge over the Goods until the Ordering Party pays all charges and remuneration due to Logistiko, in particular in the situation where the amount of the paid deposit is not sufficient in order to cover the amounts due to Logistiko.
7.6. The Ordering Party cannot without the consent of Logistiko granted in writing under pain of nullity set off their liabilities towards Logistiko or third parties acting for or on behalf of Logistiko against liabilities to which Logistiko or third parties acting for or on behalf of Logistiko is entitled towards the Ordering Party. The Ordering Party also cannot without the consent of Logistiko granted in writing under pain of nullity transfer liabilities of the Ordering Party towards Logistiko or third parties acting for or on behalf of Logistiko to third parties.
7.7. Services related to online payments available as part of the courier Platform of Logistiko are provided by a paying agent, i.e. Dotpay S.A. with its registered office in Kraków, ul. Wielicka 72, 30-552 Kraków, entered into the Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście, 11th Commercial Division of the National Court Register under KRS no. 0000296790, with the fully paid up initial capital amounting to PLN 4,000,000, NIP (Tax Identification No.): 6342661860. Irrespective of the preceding sentence, the Ordering Party can make a payment via transfer to the individual sub-account assigned to the Ordering Party.
7.8. Payments made via the payment system can be made exclusively by persons authorised to use a given instrument, by means of which the payment is made and in accordance with the instructions of the paying agent referred to in item 7.7 hereinabove.
7.1. All complaints relating to failure to make a payment made via transaction system of Dotpay or improper manner of making thereof should be addressed directly to Dotpay S.A. to its email address, in accordance with the regulations of Dotpay regarding the provision of services concerning electronic payments.
7.10. Should the Ordering Party reasonably demand that Logistiko return funds held on the individual sub-account assigned to the Ordering Party or as a result of the termination of the Agreement, or the occurrence of another event justifying the return of the funds held on the individual sub-account assigned to the Ordering party, such funds shall be returned exclusively in the Polish zloty to the bank account indicated by the Ordering Party and maintained by the bank having its registered office on the territory of the Republic of Poland.

8. EXCLUDED GOODS

8.1. While granting the order regarding the provision of the Service, the Ordering Party shall be obliged to get familiar with the list of the excluded Goods which cannot be the subject thereof. The list of the excluded Goods is available at the following website: www.logistiko.pl . Irrespective of the preceding sentence, Logistiko can refuse to provide the Service relating to specified Goods or a group thereof when due to organisational reasons or other reasons which are significant to Logistiko, the transport of such Goods is excluded.
8.2. Irrespective of item 8.1 hereinabove, the Goods which pose a threat to human life and health, which endanger the integrity of other Goods stored in the Warehouse or whose storing could cause damage to Logistiko or third parties cannot be the subject of the Service.
8.3. The Goods provided by the Ordering Party which cannot be the subject of the Service shall be returned to the Ordering Party or utilised at its cost and risk. Logistiko shall charge the Ordering party with the costs which arose due to the provision of the Goods referred to in the preceding sentence to Logistiko.
8.4. Irrespective of the provisions of the General Terms and Conditions of Services, in the event of providing the Goods which consist of the excluded items which cannot be the subject of the Service, the Ordering Party shall bear exclusive liability relating to this fact and governed in mandatory provisions of law of the European Union and the Republic of Poland.

9. TERMINATION OF THE AGREEMENT

9.1. The Ordering Party can at any time suspend maintenance of the User Account by means of submitting a relevant statement in a form of electronic mail or in writing to the address of Logistiko.
9.2. In the case of payment overdue for more than 7 days, Logistiko can block a possibility to place orders via the User Account until the Ordering Party settles all overdue payments.
9.3. In the case the Ordering Party violates the provisions of the Agreement or the General Terms and Conditions of Services concerning, in particular, the maintenance of the amount of the deposit below the agreed limit, as well as in the case the Ordering Party indicates unreal limit of orders (lower or higher than the real one, while applying the tolerance margin of 10% of the indicated limit) and violates mandatory provisions of law, as well as in the case of lack of granting orders, granting orders in the number lower or higher than the number declared in the Agreement, Logistiko can terminate the agreement without the notice period. The funds held on the User Account shall be transferred to the bank account indicated by the Ordering Party or shall be returned via postal order at the Ordering Party’s cost, after deduction of all claims to which Logistiko and third parties acting for or on behalf of Logistiko are entitled towards the Ordering Party. In order to avoid any doubts regarding identity of the bank account’s holder and in order to submit a disposition relating to return of the remaining funds from the User Account to the bank account, it is necessary to send a scan of the bank confirmation that the Ordering Party is a legal holder of the indicated bank account or that they will make a verification transfer from the bank account to which the funds from the User Account are to be returned.
9.4. Logistiko and the Ordering Party can terminate the Agreement by giving thirty days’ notice period, without giving any reasons. For this purpose, sending an email or a written statement regarding termination of the agreement is required.
9.5. Dissolution or termination of the agreement has no influence on the Services whose provision has been accepted and which will be provided in accordance therewith.

10. PERSONAL DATA

10.1 The Controller (i.e. an entity defining the purposes and ways of the processing of personal data) is Logistiko Sp. z o.o. ul. Balicka 12/B4, 30-149 Kraków, [email protected], hereinafter referred to as Logistiko.pl. The contact details of the Data Protection Officer are the same as that of the Controller specified in the preceding sentence. Personal data shall be processed to implement the provisions of the Terms and Conditions and in accordance with the consents granted to the Controller. The legal basis for the processing of data constitutes the activities related to the performance of the agreement concluded by the acceptance of the Terms and Conditions and, if applicable, the consent of the person whose data are to be processed to the processing of such personal data for marketing purposes. If the legal basis for the processing of data is also the consent of the person whose data are to be processed to the processing of such data, the recipients of such personal data are the entities specified in the relevant consents. Data are to be processed for the purposes of performing the agreement for a period of 10 years (the statute of limitations), while data processed under the consent of the person whose data are to be processed are to be processed until the purpose for which such data are collected is no longer valid or until the objection to the processing of such data of the person whose data are to be processed, whichever occurs first. Everyone has the right to request the Controller to provide access to their personal data, the right to amend or delete their data, restrict the processing of their data as well as the right to transfer their data and the right to object to the processing of their data processed under the consent. Everyone has the right to withhold the consent to the processing of their personal data granted to the Controller. The withdrawal of the consent shall not affect the legality of the processing of data performed prior to the withdrawal of the consent. Everyone has the right to lodge a complaint with the Supervisory Authority [as of May 25, 2018 with the President of the Personal Data Protection Office]. The rights of the person whose data are to be processed, including the right to withdraw the consent, may be exercised by submitting a relevant declaration using the contact details of the Controller or the Data Protection Officer specified in the introduction.
10.2 Personal data of the Customers, the Recipients and the Senders may be provided to the entities authorized to receive such data under the applicable provisions of law, including competent judicial authorities. Personal data of the Customers, the Recipients and the Senders may also be provided to any third parties specified by the Customers or Logistiko.pl, including entities fulfilling the Order.
10.3 Personal data of the Customers and the Recipients using the Logistiko.pl Platform are provided to the Carriers specified each time by the Customers during the fulfillment of the Order and for the completion of the Order.
10.4 Personal data are transferred:
a. under the agreements concluded between Logistiko.pl and the Carriers,
b. immediately upon performance by the Customer all the activities specified in these Terms and Conditions and in the Terms and Conditions of the Carrier required to send the Shipment,
c. to execute the Order, including to enable communication between the Carrier and the Customer and the Recipient.
10.5 Personal data of the Customers and the Recipients are protected by Logistiko.pl from making such data available to any unauthorized persons as well as other cases of disclosing or losing such data, and from damaging and making any unauthorized modifications of such data or information, by using appropriate organizational safety measures and technical and IT security measures, in particular data encryption systems.

10. FINAL PROVISIONS

11.1. The General Terms and Conditions are available at the following website www.logistiko.pl. Upon the Ordering Party’s request, the General Terms and Conditions shall be sent via electronic mail to the Ordering Party’s email address referred to in item 3.5 hereinabove.
11.2. Logistiko shall notify of the amendment of the General Terms and Conditions of Services by means of sending an email to the email address indicated by the Ordering Party and referred to in item 3.5 hereinabove. The amendments shall enter into force within the time limit indicated by Logistiko, not shorter however than 14 days from the date of sending them. The Service commissioned prior to the date of entering amendments into force referred to in the preceding sentence shall be provided in accordance with the provisions of the Agreement and the General Terms and Conditions of Services applicable on the date of accepting a given order by Logistiko.
11.3. Should any of the provisions of the General Terms and Conditions of Services be deemed invalid, it shall not result in the invalidity of the remaining provisions thereof. In the case referred to in the preceding sentence, the remaining provisions of the General Terms and Conditions of Services shall be applicable in their entirety.
11.4. Unless mandatory provisions of law provide for otherwise, Polish law shall be applicable to the entirety of the Agreement.