General terms and conditions

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

GENERAL TERMS OF SERVICES

Logistiko sp. z o.o.

1. DEFINITIONS 

The terms used in the General Terms and Conditions of Providing Services (GTS) mean: 

1.1. Price list: Logistiko’s current price offer indicated in the appendix to the GTS: Guide to services together with the price list, available at: https://logistiko.pl/cennikeng/.

1.2. User Account: a record of resources as well as events and rights of the Customer generated by the Customer, available via the Customer Panel and administered by Logistiko, who was given a unique login and password.

1.3. Logistiko: Logistiko sp. z o.o. in Krakow (30-149), ul. Balicka 12A/B4 entered into the Register of Entrepreneurs kept by the District Court for Kraków – Śródmieście, XI Commercial Division KRS under the number 0000517801, with a share capital of PLN 50,000. 

1.4. Warehouse: a storage area selected by the Customer and made available by Logistiko, which is the place where the Services are provided, based on the provisions of the General Terms and Conditions and the Agreement. 

1.5. GTS these General Terms and Conditions of Providing Services with attachments: Service Guide with price list, Storage Procedures. 

1.6. Customer Panel: tools available at https://panel.logistiko.pl, necessary to handle the Services selected by the Customer and provided by Logistiko, based on the provisions of the GTS and the Agreement, and other processes related to the selected Services. 

1.7. COD (cash on delivery): a service provided as an additional service in relation to the basic transport service by the Carrier selected by the Customer in the manner referred to in point 5.4. of the GTS below, consisting in the payment to the Customer of the cash on delivery amount on the terms and within the time limit resulting from the applicable regulations of the forwarder Allekurier sp. z o.o. with its registered office in Kraków, ul. Balicka 12a lok. B4, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000430370, share capital PLN 50,000, NIP 6772370941, REGON 12264050600000 and operated by this forwarder.

1.8. Carrier: a carrier selected by the Customer within the meaning of the Act of November 15, 1984, transport law, from among the carriers available on the website https://logistiko.pl/, made available by the forwarder Allekurier sp. z o.o. with its registered office in Kraków, ul. Balicka 12a lok. B4, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000430370, share capital PLN 50,000, NIP 6772370941, REGON 12264050600000.

1.9. Goods: a movable item within the meaning of Art. 3 sec. 1 point 18) subpoint a) and point 19) subpoint a) of the Act of September 29, 1994 on accounting 

1.10. Service: a service provided by Logistiko for a fee on the basis of the provisions of the General Terms and Conditions, at the Customer’s request by entering the appropriate command in the Customer Panel or without the Customer’s order in cases provided in the Agreement or the General Terms and Conditions.

1.11. Agreement: an agreement concluded between the Customer and Logistiko in the form of written declarations of will submitted under pain of nullity, to which the provisions of the GTS fully apply. In the event of an irreconcilable conflict between the provisions of the Agreement and the GTS, the provisions of the GTS shall prevail. 

1.12. Delivery/Return Announcement: this is information entered by the Customer via the Customer Panel, on the basis of which Logistiko prepares the logistics resources necessary to handle the ordered Service, which must contain the following elements: unambiguous description of the Goods assortment, description of the Goods (name), bar code of the Goods, number of items of Goods, unambiguous specification of the delivery method (own transport, postal, courier, etc. in accordance with the method of delivery agreed by the parties), correct bill of lading number – applies only to the Delivery Announcement, unambiguous specification of the delivery date (day) – applies only to the Delivery Announcement, specifying the condition of the Goods (wholesome/damaged) – applies only to the Return Announcement.

1.13. Customer (Ordering Party): a natural person, a legal person or an organizational unit without legal personality, which, under separate provisions of law, has the capacity to incur liabilities, who, as part of its business activity, places an order for Logistiko to provide selected services, provided that Logistiko explicitly accepts the order. The Customer is obliged to comply with the customs and tax regulations in force in the European Union in the scope of his business activity. 

1.14 EAN Code: European Article Number – a unique code assigned to a product, Logistiko uses EAN-13 codes – consisting of 12 digits of data and one checking digit. The Customer is obliged to use the EAN code to facilitate the identification of the Goods, optimize the organization of the Warehouse and help employees easily find the Goods.

1.15 SKU: is an alphanumeric code that can be assigned to a product in the catalog in Logistiko’s system

1.16. Standard working hours of the Warehouse: these are the working hours of the Logistiko Warehouse from Monday to Friday, 8.00 a.m. to 21.00. excluding public holidays.

1.17. Standard working hours of the Delivery Department: these are the working hours of the Delivery Department of the Logistiko Warehouse from Monday to Friday, 8.00 a.m. to 16.00. excluding public holidays.

1.18. Standard working hours of the Customer Service Office (BOK): these are the working hours of the Logistiko Customer Service Office from Monday to Friday, 8.00 a.m. to 16.00. excluding public holidays.

1.19 Deposit: the amount paid by the Customer to Logistiko as security for the payment of Logistiko’s receivables. The amount of the deposit is specified in the Agreement. The deposit remains at the exclusive disposal of Logistiko, excluding the Customer’s right to dispose of it. 

1.20 Order for the Release of the Entire Goods – an order for the release of the entire Goods located in the Logistiko Warehouse. The cost of releasing the entire Goods is priced individually by Logistiko.

2. PRELIMINARY PROVISIONS 

2.1. The General Terms and Conditions specify the conditions for providing Services by Logistiko. 

2.2. An order for providing the Service may only be placed by a natural person with full legal capacity, a legal person or an organizational unit without legal personality, whom separate legal provisions grant legal capacity only as part of their business activity. Logistiko does not provide Services to natural persons performing a legal transaction with an entrepreneur not directly related to its business or professional activity. 

2.3. The Customer is obliged to get acquainted with the General Terms and Conditions before ordering providing the Service.

3. USER REGISTRATION AND ACTIVATION 

3.1. The use of access to all Services offered by Logistiko is possible only after the Agreement has been signed by the Customer and Logistiko and after registration by the Customer via the User Panel. The registration referred to in the previous sentence is tantamount to creating a User Account.

3.2. Activation of the User Account requires prior acceptance by Logistiko by e-mail sent to the e-mail address indicated by the Customer or in another explicit way, and payment of a deposit by the Customer in the amount provided by Logistiko. Logistiko may increase the minimum deposit limit required from the Customer. The deposit is left at the sole disposal of Logistiko, excluding the Customer’s right to dispose of the deposit for ordering the performance of the Services. 

3.3. Access to the User Account is obtained by the Customer after logging in (i.e. entering a unique login and password) in the Customer Panel. 

3.4. Logistiko may refuse to create a User Account for the Customer who grossly or persistently violates or violated in the past the provisions of the General Terms and Conditions, mandatory provisions of law, if the verification of the data provided by the Customer in the registration process indicates that the information is untrue or unverifiable or in the event that, due to the type of business activity conducted by the Customer, the type of Goods delivered to the Warehouse or the specification of orders, Logistiko does not anticipate the possibility of providing Services. 

3.5. Providing the Services requires the Customer to indicate an e-mail account, which will be active throughout the period of the contract. In connection with the maintenance of the User Account, messages and documents regarding the Services provided by Logistiko will be sent to the email address provided by the Customer, in particular, information on the Services provided, VAT invoices, proforma invoices, requests for payment, additional charges, debit notes, corrections of VAT invoices according to the Act of March 11, 2004 on tax on goods and services, Logistiko’s statements regarding the termination of the Agreement, termination of the Agreement or changes to the conditions of performance of the Agreement, and other statements regarding the concluded agreement. The Customer is obliged to conduct e-mail correspondence with Logistiko only via the e-mail address indicated by the Customer, referred to in the previous sentence. 

3.6. The Customer is obliged to update his data provided in order to create a User Account . The change of data cannot consist in changing the Customer, i.e. the individualized entity for which the User Account was created. Logistiko shall not be liable for damage to the Customer or third parties acting on behalf of or for the Customer, resulting from Logistiko’s use of incorrect data provided by the Customer. 

3.7. Assignment of the rights of the Customer towards Logistiko or towards third parties acting on behalf of or for Logistiko requires Logistiko’s consent in writing under pain of nullity.

4. EXECUTION OF THE ORDER 

4.1. After logging in to the User Account, the Customer may place an order for providing the Service. The Order may also be placed by the Customer in the case of integration of the Customer’s and Logistiko’s IT systems by automatic sending of the order by the Customer’s IT system to the Logistiko system. The list of Services offered by Logistiko is available in the Service Guide together with the price list constituting an Appendix to the GTS. Packaging materials used in the process of completing and releasing are payable by the Customer in accordance with the Logistiko price list provided at https://logistiko.pl/cennik-opakowan/. At the Customer’s request, a dedicated packaging priced individually may be added. 

4.2. Services are performed within the time limits and on the terms resulting from the provisions of the General Terms and Conditions. 

4.3. Deadlines for the performance of the Service are counted from the date of acceptance of the order by Logistiko. The acceptance referred to in the preceding sentence shall be effected by sending an e-mail by Logistiko to the e-mail address indicated by the Customer containing information about the acceptance of the Service for implementation or in another clear manner. 

4.4. The Customer may place Orders 7 days a week, 24 hours a day. Orders are usually executed on working days from Monday to Friday during the working hours of the Logistiko Warehouse, unless the Customer has purchased an additional service, but not earlier than after acceptance by Logistiko. 

4.5. The Service will be accepted for execution only if the balance on the individual bank sub-account assigned to the Customer is at least equal to the amount of remuneration due to Logistiko for the Service commissioned by the Customer. 

4.6. The Customer is responsible for the correctness of the data provided to Logistiko, on the basis of which Logistiko performs the Service selected by the Customer. In the event of providing incorrect, in particular incomplete, unreal or false data, Logistiko shall charge the Customer with an additional fee resulting from the need to perform the Agreement to the extent inconsistent with the original content of the order. 

4.7. Logistiko may request the goods characteristics sheet from the Ordering Party, if due to the specific properties of the item or for other reasons, it is necessary for the proper performance of the Service. 

 In the event of failure to deliver the characteristics sheet of the Goods transferred to the Warehouse, referred to in the previous sentence, Logistiko may refuse to provide the Service or its further provision and take all necessary measures to secure the Ordering Party’s Goods, the Goods of other persons, as well as persons staying in the Warehouse, including the disposal of the Goods whose product characteristics data sheet was not provided, and the Customer shall be charged with costs of such action. 

4.8. The subject of the Service may only be Goods that are properly, i.e. in accordance with applicable law, admitted to trading in the Community of the European Union, which additionally have all the certificates and permits required by law.

4.9. The Customer is obliged to: 

4.9.1. comply with the provisions of the Agreement and the GTS, especially with regard to the agreed logistics conditions for delivery, storage, release and returns, referred to in the appendix to the GTS: The Guide to services along with the price list and the mandatory provisions of law, 

4.9.2. mark the Goods with a unique EAN code. In the case of delivery of goods without EAN codes or with incorrect EAN codes, Logistiko shall notify the above-mentioned situation to the Customer with a request to issue an instruction regarding marking the Goods. In the absence of such instruction after 48 hours from the notification to the Customer, the Warehouse will affix the Goods with codes created by the Warehouse itself. In addition, the Warehouse reserves the right to decide on the format of the codes it creates. The cost of the service will then be charged in accordance with the Price List, 

4.9.3. cover in full the costs incurred by Logistiko or third parties acting on behalf of Logidtiko or for Logistiko or due to be incurred, in connection with providing incorrect Order data by the Customer (in particular, inconsistent with the actual dimensions of the Goods, their weight or properties) or arising despite the correct provision of the Service by Logistiko, pay the remuneration due to Logistiko and third parties for the Service provided and cover the full amount of damage suffered by Logistiko or third parties acting on behalf of or for Logistiko, if the damage is a consequence of the Service provided, 

4.9.4. submit, at any request of Logistiko, all documents necessary for the proper performance of the Service, and if necessary – in originals or copies certified by a notary, in particular in the event of a fiscal or customs inspection.

4.10. If the Customer or third parties acting on behalf of or for the Customer receive an undue COD amount, the Customer shall be obliged to return the unjustified collection amount immediately to the bank account indicated by Logistiko. 

4.11. If the Goods cannot be transported by the Carrier selected by the Customer, Logistiko is entitled to select another Carrier who will undertake the delivery of the Goods and may commission this Carrier to deliver the Goods to the address indicated by the Customer. In the case referred to in the preceding sentence, Logistiko is entitled to charge the Customer for the costs of such actions in full. 

4.12. The Customer considers all invoices issued by Logistiko as accepted in the form in which they were issued. 

4.13. The Customer is obliged to announce the delivery/return in accordance with the procedure in force within the Logistiko system and the content of the waybill, where only one Delivery/return announcement can be generated within one waybill and one means of transport. Logistiko reserves the right to refuse to accept a delivery ordered contrary to the provisions of the previous sentence. 

4.14. If the Customer submits an order, Logistiko is authorized to verify the accuracy of the data, including data concerning the content of the Goods and the compliance of the content of the Goods with applicable law and the General Terms and Conditions. 

4.15. In access to the Customer Panel, there may be so-called maintenance breaks. The periods of technical breaks, their duration and the scope of functionality of the Customer Panel limited by the technical break each time depend on the scope of maintenance work.

5. LIABILITY 

5.1. Logistiko shall not be liable for the Goods transferred by the Customer for storage to the extent that the Goods are inconsistent with applicable law, infringe the legitimate rights of third parties, have been packed incorrectly due to the properties of the Goods or if for other reasons attributable to the Ordering Party there will occur damage or loss of Goods. If Logistiko obtains information that the content of the Goods provided by the Customer for storage violates the mandatory provisions of law, violates the legitimate rights of third parties or poses a threat to persons staying in the Warehouse or the Goods located there, Logistiko may notify the appropriate persons of this fact, retain the Goods, suspend providing Services or take other actions until the matter is clarified, including termination of the Agreement without notice. The costs of storing the Goods are fully borne by the Customer. 

5.2. Logistiko shall be liable for the proper performance of the Service only under the mandatory provisions of law and the General Terms and Conditions, except that Logistiko shall not be liable for profits lost by the Customer and third parties acting on behalf of or for the Customer, as well as Logistiko’s compensatory liability is excluded in the extent of deadlines for the performance of the Service. 

5.3. Logistiko shall be liable to the Customer for uninsured Goods up to the total guarantee amount of PLN 300.00 (in words: three hundred, PLN 00/100). If the Goods are insured by the Customer by purchasing a relevant Service offered by Logistiko, Logistiko shall be liable towards the Customer for the Goods on the terms set out in the Goods insurance contract, limited in amount to the amount of insurance.

5.4. Transport services and returns of COD sums are carried out by the Carrier selected by the Customer through the forwarder Allekurier sp. z o.o. with its registered office in Kraków, ul. Balicka 12a/B4, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under number 0000430370, share capital PLN 50,000, NIP 6772370941, REGON 12264050600000. 

5.5. The legal relationship of the forwarding carried out by Allekurier sp. z o.o. solely for and on behalf of the Customer within the scope of the Carrier selected by the Customer, referred to in point 5.4. above is regulated by the provisions of the regulations of Allekurier sp. z o.o. available at the Internet address https://allekurier.pl, the regulations of the Carrier selected by the Customer and the mandatory provisions of law. Provision of the previous sentence does not apply to the prices for Transport Services, which are each time regulated by the Appendix to the General Terms and Conditions of Service Guide along with the price list. 

5.6. Logistiko shall not be liable for the Carriers selected by the Customer to perform the Service. Within the scope of liability of selected Carriers, the content of the legal relationship established with the Customer is governed by the mandatory provisions of law, the regulations of the selected Carrier and the regulations of the https://allekurier.pl/ platform. By choosing the Services referred to in the previous sentences of this point, the Customer accepts the provisions of these regulations. 

5.7 Logistiko shall not be liable for damages caused to the Customer or third parties if such damages were caused by force majeure. Force majeure is an external event that is impossible to predict and prevent. In particular, force majeure is understood as: a state of war, a state of emergency, acts of terrorism, strikes, catastrophic phenomena caused by the forces of nature, failures of electricity and internet suppliers, epidemics, pandemics, social or political phenomena on a catastrophic scale.

6. COMPLAINTS 

6.1. The Customer may submit complaints regarding the incorrect functioning of the Customer Panel and Services provided by Logistiko or third parties using the contact form available at https://logistiko.pl/, in the form of a letter sent to the following address: Logistiko sp. z o.o. in Krakow, ul. Balicka 12A lok. B4, 30-149 Kraków, with the note: „Complaint Logistiko” or a notification sent to the e-mail address: [email protected]. In the case of a complaint regarding the additional load of the Customer, the latter is obliged to include additional information in the header of the letter: „complaint regarding additional load”. 

6.2. The complaint should contain at least: data allowing for the identification of the Customer, e-mail address of the Customer assigned to his User Account, transaction number or other data allowing for the identification of the Order being the subject of the complaint and the circumstances justifying the complaint. 

6.3. If the data or information provided in the complaint need to be supplemented, Logistiko shall ask the Customer to supplement it in the indicated scope before considering the complaint. The deficiencies should be supplemented within 7 (seven) days from the date of sending the request to supplement the deficiencies under pain of leaving the complaint without consideration.

 6.4. Complaints are normally considered within 30 days from the date of submission by Logistiko of a correct complaint received from the Customer to the entity authorized to consider the complaint. The Customer will receive information about the method of considering the complaint by e-mail to the e-mail address assigned to the User Account.

6.5. Complaints are recognized by Logistiko based on the provisions of the General Terms and Conditions and the applicable mandatory provisions of law. 

6.6. Complaints regarding the execution of the Order to the extent that the service is provided by the Carrier selected by the Customer, where Logistiko is not at fault in the selection in accordance with Art. 799 of the Civil Code, should be directed to the Carrier via Logistiko. Contact details are available at https://allekurier.pl/. A single complaint may concern the execution of an Order under one bill of lading. 

6.7. The complaint should include: date of making the complaint, name and surname and address of residence (registered office) of the Carrier, name and surname (name) and address of residence (registered office) of the person lodging the complaint, title and justification of the complaint, claim amount (separately for each transport document in the case of Service provided by the selected Carrier), list of attached documents (in accordance with the Regulation of the Minister of Transport and Construction of February 24, 2006 on determining the status of shipments and complaint procedure, Journal of Laws No. 38, item 266) and the signature of the person authorized to submitting the complaint. 

6.8. The Customer is obliged to submit the complaint to Logistiko within a period enabling Logistiko to familiarize itself with the content of the complaint and to transfer the complaint to the entity authorized to consider the complaint within the period specified by the mandatory provisions of law or contractual provisions. Logistiko shall not be liable for the transfer of the complaint after the deadline referred to in the previous sentence to the entity authorized to consider it, if this event is the result of the complaint being delivered to Logistiko by the Customer within the time limit that makes it impossible to read it and transfer it to the entity authorized to consider that complaint within the deadline, in particular if the Customer submits the complaint on the last day of the period referred to in the previous sentence.

6.9. The Customer may request the assignment of rights as part of the Service provided by the Carrier and, on this basis, independently claim the rights directly from the Carrier, which may shorten the waiting period for considering the complaint. 

6.10. The Customer wishing to lodge a complaint in connection with the execution of the Order by the selected Carrier, to the extent that this Carrier is responsible, is obliged to comply with the mandatory provisions of law and the provisions of the regulations of the selected Carrier, in particular as regards the deadlines for submitting and examining complaints by the selected Carrier.

7. PAYMENTS AND BILLING 

7.1. Maintaining a User Account via the Customer Panel is free of charge. 

7.2. The Customer is obliged to pay a cash deposit as collateral for payment of Logistiko’s receivables. The amount of the deposit referred to in the previous sentence is specified individually for each Customer in the Agreement. Logistiko may increase the minimum deposit limit required from the Customer. The deposit is left at the sole disposal of Logistiko, excluding the Customer’s right to dispose of the deposit for ordering the performance of the Services. The Customer may not use the funds accumulated in the form of a deposit to cover the costs of current handling of the Customer’s orders, in particular, the shipment of orders, payment of invoices and other general warehousing and logistics activities. In the event of termination of the Agreement, Logistiko may allocate the amount of the deposit paid by the Customer to the Customer’s overdue payments for outstanding logistics and storage services and additional services related to courier companies (e.g. redirection of the shipment). In the event of termination of cooperation by either party, the deposit and other funds accumulated on the User Account will be transferred, after deducting any claims due to Logistiko and third parties acting on behalf of or for Logistiko towards the Customer, within 3 (three) months from the issuance of the Order to Deliver the Entire Goods, to the bank account indicated by the Customer. 

7.3. Payments are made in Polish New Zloty. If the Customer makes a payment in a currency other than Polish New Zloty, the Customer bears the risk related to the cost of currency conversion into Polish New Zloty applicable in the relevant bank. 

7.4. Logistiko shall issue a VAT invoice for providing the Service in a monthly billing cycle for all Services provided under the Agreement and the GTS in a given billing cycle. A VAT invoice will be issued in accordance with the data provided by the Customer with a 7-day payment deadline.

7.5. If the execution of the Order for reasons not related to Logistiko requires an additional payment, the Customer shall be charged with an additional fee. Logistiko may allocate the amount of the deposit paid towards the additional fees referred to in the previous sentence or withhold the performance of the Service until the Customer pays the additional fee, if the amount of the deposit is lower than the amount of the fees. Logistiko has the right to pledge on the Goods until the Customer pays all due fees and remuneration due to Logistiko, in particular in the event that the amount of the deposit paid is not sufficient to cover Logistiko’s receivables. 

7.6. The Customer may not, without Logistiko’s written consent, under pain of nullity, deduct its claim against Logistiko or a third party acting on behalf of or for Logistiko from the claim due to Logistiko or a third party acting on behalf of or for Logistiko against the Customer, and without consent of Logistiko given in writing under pain of nullity, to transfer the Customer’s claim against Logistiko or a third party acting on behalf of or for Logistiko to a third party. 

7.7. Online payments made available as part of the Logistiko Courier Platform are handled by, as a billing agent, “Przelewy24” service operated by PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, entered into the Register of Entrepreneurs kept by the District Court for Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, KRS number 0000347935, with a share capital of PLN 5,476,300.00 fully paid up, with NIP: 7792369887. Independently from the previous sentence, the Customer may make the payment by transfer to an individual sub-account assigned to the Customer.

7.8. Payments via the payment system may only be made by persons authorized to use the given instrument by means of which the payment is made and in accordance with the instructions of the billing agent referred to in point 7.7 above. 

7.9. Any complaints for non-performance or improper performance of payment processing carried out via the “Przelewy24” transaction website should be addressed directly to “Przelewy24” to the e-mail address, in accordance with the “Przelewy24″ regulations regarding providing electronic payment services. 

7.10. In the event that the Customer turns to Logistiko with a justified request for the return of funds accumulated on an individual sub-account assigned to the Customer or as a result of termination of the Agreement or the occurrence of another event justifying the return of funds accumulated on an individual sub-account assigned to the Customer, the funds accumulated on the individual sub-account assigned to the Customer Sub-account, the Customer will be refunded only in Polish new zloty currency to the bank account indicated by the Customer maintained by a bank with its registered office in the territory of the Republic of Poland.

8. EXCLUDED GOODS 

8.1. When ordering providing the Service, the Customer is obliged to get acquainted with the list of excluded Goods that cannot be the subject of the order for providing Services. The list of excluded Goods is available at: https://logistiko.eu/goods-and-items-excluded-from-the-logistics-service/. Notwithstanding the previous sentence, Logistiko may refuse to provide the Services for a specific item of Goods or a group of Goods when, for organizational or other reasons relevant to Logistiko, the transport of these Goods is excluded. 

8.2. Notwithstanding the provisions of point 8.1 above, Goods that pose a threat to human life or health, threaten the integrity of other Goods stored in the Warehouse or whose storage could cause damage to Logistiko or third parties may not be the subject of the Service. If such Goods are found in the Logistiko Warehouse, they will be immediately removed from the Warehouse. The risk of destruction or damage to the Goods is borne by the Customer.

8.3. Goods provided by the Customer that cannot be the subject of the Service shall be returned to the Customer or disposed of at his expense and responsibility. Logistiko shall charge the Customer with the costs incurred in connection with transferring the Goods to Logistiko for storage, referred to in the previous sentence. 

8.4. Irrespective of the provisions of the GTS, the Customer, in the event of transfer of Goods that include excluded items that cannot be the subject of the Service, shall bear sole responsibility in this respect regulated by the mandatory provisions of the law of the European Union and the Republic of Poland.

9. TERMINATION OF THE AGREEMENT 

9.1. The Customer may suspend the operation of the User Account at any time by submitting an appropriate statement in the form of an e-mail sent only from the e-mail address contained in the Agreement or in writing to the address of Logistiko. 

9.2. In the event of overdue payments to Logistiko for more than 7 days, Logistiko may block the possibility of placing orders via the User Account until the Customer settles all arrears. 

9.3. In the event of a breach by the Customer of the provisions of the Agreement or the provisions of the General Terms and Conditions, in particular the Customer’s keeping the deposit below the agreed limit, the Customer’s providing an unreal limit of orders (smaller than the actual or greater than the actual, with a margin of error of 10% of the indicated limit), breach by the Customer of the mandatory provisions of law, lack of placing orders, placing orders in a lower or higher quantity than declared in the Agreement, Logistiko may terminate the agreement without observing the notice period. 

9.4. Logistiko and the Customer may terminate the Agreement with a 30-day notice period without giving any reason. For this, it is necessary to send an e-mail only from the e-mail address contained in the Agreement or a written statement of termination of the agreement submitted at the end of the month.

9.5. Termination or termination notice of the agreement does not have any effect on the Services accepted for implementation, which will be performed in accordance with the content. 

9.6. In the event of termination of the contract by either party, the Customer is obliged to create, from the User Account, a release for the entire stored goods, the so-called Order for the Release of the Entire Goods. In the situation presented in point 9.6.4, this order will be generated by an employee of Logistiko.

9.6.1. After creating the Order for the Release of the Entire Goods, the Customer is obliged to notify the Logistiko Customer Service Office by e-mail about the introduction of the above-mentioned Orders to the system, giving its number at the same time. 

9.6.2. The Logistiko Warehouse shall proceed with the Order execution after the Customer has settled its current financial liabilities and when the balance on the individual bank sub-account assigned to the Customer is at least equal to the amount of remuneration due to Logistiko for the Service commissioned by the Customer. The goods completed in the Order for the Release of the Entire Goods will be released from the Warehouse after the payment of the last invoice by the Customer. 

9.6.3. After completing, and sending the Order for the Release of the Entire Goods, the Customer Service Office issues and sends the last invoice to the Customer. 

9.6.4. If the Customer fails to collect its Goods or abandons its Goods located in the Logistiko Warehouse, Logistiko may terminate the Agreement without observing the notice period, while the Goods shall be disposed of after 30 (thirty) days from the request for Customer to collect them under pain of acquisition and subsequent disposal. The cost of disposal will be charged to the Customer leaving his Goods.

9.6.5. If the agreement between the parties is terminated and the Customer fails to collect the Goods from the Logistiko Warehouse within 30 (thirty) days from the last day of the notice period, fees for storing the goods will be charged in accordance with the Service Guide. In addition, after the above-mentioned period, Logistiko reserves the right to auction off the abandoned Goods and cover the Customer’s financial obligations. If the goods are not auctioned off or cannot be resold, they will be disposed of at the cost of the Customer leaving their Goods in accordance with point 9.6 . 4. If financial liabilities are not fully settled with the funds obtained from the sale of goods by Logistiko, Logistiko reserves the right to refer the case to court proceedings in accordance with applicable law.

9.6.6. The deposit referred to in point 7.2 and the remaining funds accumulated on the User Account will be, after deducting any claims due to Logistiko and third parties acting on behalf of or for Logistiko against the Customer, transferred within 3 (three) months from issuing the Release Order of the entire Goods to the bank account indicated by the Customer. In order to avoid doubts regarding the identity of the bank account holder, in order to submit an order to return the remaining funds from the User Account to the bank account, it is necessary to send a scan of the bank confirmation that the Customer is the legal administrator of the indicated bank account or will make a verification transfer from the bank account to which the funds are to be refunded from the User Account.

10. PERSONAL DATA 

10.1. The administrator (the entity determining the purposes and methods of personal data processing) 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 Personal Data Inspector are the same as the contact details of the Administrator indicated in the previous sentence. Personal data will be processed for the purpose of implementing the provisions of the regulations and in accordance with the consents granted to the Administrator. The legal basis for processing are activities related to the performance of the contract concluded in the mode of acceptance of the regulations and, where applicable, the consent of the data subject to the processing of data for marketing purposes. If the legal basis for processing is also the consent of the data subject, the recipients of personal data are the entities indicated in the consents in question. 

The data will be processed for the purpose of performing the contract for a period of 10 years (limitation of claims). Data processed on the basis of the consent of the data subject will be processed until the purpose for which they were collected ceases to exist or submitting opposition by the data subject, whichever comes first. Everyone has the right to request from the Administrator access to personal data, rectification, deletion, processing restrictions, as well as the right to transfer data and object to processing in relation to data processed on the basis of consent. Everyone has the right to withdraw consent to the processing of personal data that he has given to the Administrator. Withdrawal of consent does not affect the lawfulness of the processing that was carried out before its withdrawal. Everyone has the right to lodge a complaint to the President of the Office for Personal Data Protection. The rights of the data subject, including the withdrawal of consent, can be exercised by submitting a statement using the contact details of the Administrator or the Personal Data Inspector indicated in the introduction.

10.2. Personal data of the Customers, Recipients, and Senders may be transferred to entities authorized to receive them under applicable law, including the competent judicial authorities. Personal data of Ordering parties, Recipients, and Shippers may also be transferred to third parties indicated by the Ordering Party or Logistiko.pl, including entities performing the Order. 

10.3. Personal data of the Ordering Parties and Recipients using the Logistiko.pl Platform are transferred to the Carriers indicated each time by the Ordering Parties in the process of executing the Order and for the purpose of its execution. 

10.4. The transfer of personal data takes place: 

10.4.1. on the basis of agreements concluded between https://logistiko.pl/ and Carriers, 

10.4.2. immediately after the Customer has performed all actions described in the Regulations and the Carrier’s Regulations required to send the Parcel, 

10.4.3. in order to handle the Order, including enabling communication between the Carrier and the Customer and the Recipient.

10.5. Personal data of Ordering Parties and Recipients are protected by Logistiko.pl against making them available to unauthorized persons, as well as other cases of their disclosure or loss, and against destruction or unauthorized modification of the indicated data and information, by applying appropriate organizational safeguards, as well as technical and programming safeguards , in particular data encryption systems.

11. FINAL PROVISIONS 

11.1. The GTS are available at https://logistiko.pl/. At the Customer’s request, the GTS will be sent by e-mail to the Customer’s e-mail address referred to in point 3.5 above. 

11.2. Logistiko shall inform about the change of the GTS by sending an e-mail to the e-mail address indicated by the Customer, referred to in point 3.5 above. The changes enter into force on the date indicated by Logistiko, but not shorter than 14 days from the date of their sending. The service commissioned before the date of entry into force of the changes referred to in the previous sentence shall be performed in accordance with the provisions of the Agreement and the GTS applicable on the date of acceptance of the order by Logistiko. 

11.3. Recognition of any of the provisions of the General Terms and Conditions as invalid shall not invalidate the remaining provisions of the General Terms and Conditions. In the case referred to in the previous sentence, the remaining provisions of the GTS apply in their entirety. 

11.4. Unless the mandatory provisions of law provide otherwise, the law applicable to the entire Agreement is Polish law.