Hi! Welcome to SHIPPR, a digital platform providing you with on-demand-logistics and connecting Carriers and Customers in the field of transport. These Terms govern your use of the SHIPPR Platform and help define the relation between you and SHIPPR. By providing you with these Terms, we aim to act transparent and try to proactively answer any questions you might have regarding support, payment, term, etc. By using the Platform, you agree to the latest version of these Terms. We kindly ask you to read these Terms carefully and keep them in mind every time you use the Platform/rely on our Services.
I. DEFINITIONS
Agreement: the collective term for all arrangements related to the Platform and the Services between the Customer and SHIPPR, including (i) the Framework Agreement between the Customer and SHIPPR (if relevant), (ii) the Booking and (iii) these Terms;
API: the Application Programming Interfaces developed by SHIPPR enabling the connection between the Platform and/or the Website and complementary enterprise software tools (such as, but not limited to: the Customer’s enterprise resource planning (‘ERP’) tool);
Booking: the booking by the Customer of the Delivery documented in and through the Platform;
Carrier: the natural or legal person which offers its transportation services via the Platform in order to carry out Deliveries of Goods on behalf of the Customer;
Carrier Company: the overarching legal entity that engages Carriers for the actual performance of such Deliveries and consequently is fully responsible towards Customer for the Deliveries under the contract of carriage;
Customer (or you): every legal entity or natural person relying on the Services and Platform of SHIPPR for professional use. The Customer and SHIPPR are collectively referred to as “parties”;
Delivery: the transport of Goods, as requested by the Customer in the Booking and, if applicable, in accordance with the Framework Agreement, which is entrusted to the Carrier through the Platform;
End-User: any individual authorized by the Customer to access and use the Platform on behalf of the Customer (such as, but not limited to: employees of the Customer);
Fee: the fee(s) to be paid by the Customer for the Delivery, subject to the provisions of the Agreement;
Force Majeure: all circumstances which were reasonably unforeseeable at the time the Agreement was concluded, are unavoidable, and create (i) the inability on the part of a party to carry out the Agreement, or (ii) make the implementation of the Agreement harder or more difficult than normally anticipated (financially or otherwise). For example (but not limited to): hardship, natural disasters, war, (threats of) terrorism, strikes, lock-out, diseases, pandemics, shortage of personnel, organizational conditions, confiscation, fire, scarcity of (raw) materials, bankruptcy or delays on the part of suppliers or subcontractors;
Framework Agreement: the agreement concluded between SHIPPR and the Customer containing specific provisions which (i) are not covered by these Terms or (ii) are deviating from these Terms;
Goods: the goods/products for which the Customer requests the Delivery;
Platform: the platform consisting of the mobile application and the dashboard (https://dashboard.shippr.io) developed by SHIPPR to provide its Services to the Customer;
Recipient: the natural person who is receiving the Goods sent by the Customer relying on the Services;
Services: all services in the field of transport provided by SHIPPR to the Customer as part of the Agreement, including, but not limited to: (i) providing on-demand logistics to the Customer by ensuring to rely on a suitable Carrier for the Customer’s logistic needs; and (ii) providing a right of access to the Platform (incl. proper support, hosting, maintenance, etc.);
SHIPPR (or we | us): the limited company (“société anonyme”) SHIPPR, incorporated and existing under the laws of Belgium, with registered office at BE 1000 Bruxelles, Avenue Louise 350 with VAT/company number BE-0674.799.306;
Special Delivery: a Delivery of fragile, refrigerated, or temperature controlled Goods, which requires specific terms and conditions (including, Part III of these Terms);
Timeslot: A time window in which a Carrier (whether or not with a mode of transportation), should be available to a Customer to perform one or more Deliveries upon request;
Terms: these Terms of Service for Customers, the Privacy Policy, the Data Processing Policy for Customers and the Acceptable Use Policy;
Website: https://www.shippr.io, as well as any subdomains or other/future websites of SHIPPR.
II. GENERAL TERMS & CONDITIONS
1 Applicability of the Terms
1.1 Unless explicitly determined otherwise in writing (e.g. in the Framework Agreement), the entire relation between SHIPPR and the Customer (such as, the Services, Delivery and access to the Platform) is governed by (in descending hierarchical order) (i) if applicable, the Framework Agreement (ii) the Booking, (iii) the Terms and (iv) Belgian law.
1.2 These Terms are specifically tailored to the use of the Platform and the Services and are thus best suited to govern the relation between SHIPPR and the Customer. Therefore, the Customer agrees these Terms always take precedence over its own terms and conditions, which shall not be enforceable against SHIPPR (even if the Customer declares them to be the only valid terms).
2 Qualification of SHIPPR
2.1 When providing the Services under the Agreement SHIPPR is acting as a transport broker. In no event can Shippr be regarded as a carrier (or a commission transport/expedition agent of a carrier or the Carrier (Company)), as a principal of the Carrier Company, or as the provider of transport services.
3 Proposals & Quotations
3.1 All proposals and quotations of SHIPPR, either verbal or in writing: (i) are non-binding, (ii) merely provide an indication of the Services and the Fees, and (iii) shall be subject to further negotiations between SHIPPR and the Customer. During these negotiations, the proposal or quotation shall continuously evolve. Any changes to a proposal or quotation renders the previous version null and void.
3.2 The specifications, capacities and other details that are included in (online) catalogues and advertisements are only meant to be approximations. These details only bind SHIPPR insofar as this is explicitly stated.
4 Delivery
4.1 Submission and confirmation of Booking
4.1.1 Deliveries can be booked by the Customer through the Platform only (unless otherwise agreed upon). The Booking of a single Delivery shall at least include the following information to allow SHIPPR to correctly process the request: (i) date and time of desired pick-up; (ii) pick-up address and contact information; (iii) address of destination and contact information of the Recipient; (iv) volume of the Goods; (v) nature of the Goods; and, (vi) other information deemed essential by the Customer. The Booking of a Timeslot shall include the date, as well as the time of the start and end of the Timeslot, to allow SHIPPR to correctly process the request.
4.1.2 The Customer shall be responsible for the accuracy of any Booking it submits. The Customer shall also be responsible to give SHIPPR all necessary information relating to the Goods to allow SHIPPR to find a suitable Carrier to perform the Delivery.
4.1.3 If the Customer wants a Carrier to perform a Special Delivery, the Customer should also adhere to the obligations set out in Part III of these Terms.
4.1.4 The Agreement shall only be concluded following electronic confirmation of the Booking by SHIPPR. Upon confirmation the information included in the Booking shall be provided to the Carrier through the Platform.
4.1.5 Upon acceptance of the Delivery by the Carrier, an informal “contract of carriage” is concluded between the Customer and the Carrier Company (for which the Carrier operates) resulting in the Carrier Company being directly liable towards the Customer for all rights and obligations related to the Delivery.
4.2 Modification of Delivery
4.2.1 The Customer may change the Delivery / information provided in the Booking free of charge:
4.2.2 Shippr reserves the right to charge a fee of 20% of the Fee in case the Customer modifies the pick-up address, destination address, pick-up time and/or volume(s) or nature of the Goods (i) less than two (2) hours before the estimated pick-up time or (ii) if the status of the Delivery is “Imminent Delivery”.
4.3 Performance
4.3.1 SHIPPR is only responsible for connecting the Customer with the right Carrier for the Delivery of the Goods, based on and in accordance with the information provided by the Customer in the Booking, and to provide said Carrier with the information relating to the Delivery as submitted in the Booking. Accordingly, SHIPPR bears no responsibility for the accuracy of the information in the Booking and/or for any late or incorrect Delivery of the Goods by the Carrier.
4.3.2 The Customer shall ensure that the Goods are available at the pick-up address and in accordance with the information provided in the Booking. The Customer is responsible for the packaging of the Goods and to hand-over the Goods to the Carrier at the pick-up address (unless agreed upon differently in the Booking). In case the Customer establishes after the Booking became final that the Delivery cannot be performed or cannot be performed in accordance with the Customer’s instructions in the Booking, the Customer shall contact the Carrier directly in order to come up with an alternative solution. SHIPPR is not obliged to contribute to finding an alternative solution and therefore does not bear any responsibility in this respect.
4.3.3 The pick-up of the Goods by the Carrier does not imply that SHIPPR or the Carrier acknowledges that (the packaging of) the Goods meet(s) all the requirements for Delivery.
4.3.4 The pick-up of the Goods is to be done through the mode of transportation of the Carrier, as requested by the Customer, unless the Customer has opted for its own mode of transportation. All obligations and liabilities linked to the mode of transportation (e.g. making sure it allows the Delivery to be carried out, making sure it is properly functioning and insured, etc.) are in this case vested with the Customer. Nonetheless, the obligations linked to piloting the mode of transportation remain vested in the Carrier (e.g. following the applicable road/traffic code and indemnifying the Customer for any fines related thereto).
4.3.5 The Customer acknowledges and agrees that the Carrier and any public authority may at any time open the package of the Goods in order to inspect them (for instance, in case there is doubt about the nature or legality of the Goods (cfr. Article 7.3)).
5 Cancellation or suspension / refusal of a Delivery
5.1 Cancellation
5.1.1 SHIPPR does not accept a cancellation of the Delivery by the Customer less than two (2) hours prior to the planned pick-up time. If the Customer cancels nonetheless or does not show up as agreed upon, SHIPPR has the option to discretionally decide on the reasonable consequences, such as request compensation from the Customer for incurred expenses (e.g. travel time of the Carrier).
5.2 Suspension / refusal of a Delivery
5.2.1 SHIPPR informs the Carrier of its right to refuse or suspend the Delivery of the Goods if:
5.2.2 In case of an objective and justified refusal or suspension, determined at SHIPPR’s own discretion, of the Delivery, the Customer shall indemnify and hold SHIPPR and the Carrier (Company) harmless for and against all costs and liability of the Carrier (Company) resulting from such refusal/suspension, including any claims for compensation by third parties.
6 The Services
6.1 Performance of the Services
6.1.1 SHIPPR aims to carry out the Services (and the Agreement in general) to its best effort. Hence, SHIPPR shall always provide the Services with appropriate care and in good faith, and SHIPPR shall serve the Customer to the best of its understanding, skill, insight and ability, as reasonably expected of a professional experienced in services of comparable scope, complexity and size (‘best effort obligation’).
6.1.2 The Platform is provided to the Customer “AS-IS”. All obligations of Shippr regarding the Platform are to be considered bare minimum best efforts obligations, as these Services are provided to the Customer at no cost.
6.2 Availability of the Services
6.2.1 SHIPPR only provides its Services in the areas as specified on the Platform and the Website. If an address for pick-up of the Goods is located outside of these areas, a message shall appear stating that the Delivery is impossible. SHIPPR may extend the use of the Platform to other regions, which shall then be communicated to the Customer on the Website.
6.2.2 Deliveries can only be made during the timeframes indicated on the Platform.
6.3 Relation Customer – Carrier
6.3.1 If a Customer does not find a (suitable) Carrier via the SHIPPR app, or the Carrier cancels the Delivery within the accepted timeframe, SHIPPR cannot be held responsible by the Customer as SHIPPR does not have an obligation of result to find a Carrier and/or to ensure the (proper) performance of the contract of carriage.
6.3.2 If a Customer has certain recurrent Deliveries, SHIPPR can assign (or the Customer can request) a permanent Carrier and/or Carrier Company.
6.3.3 If a Customer requests its Deliveries not to be handled anymore by a Carrier based on objectively justifiable facts, the specific Carrier will no longer be able to see the Deliveries of the Customer in the App.
7 The Platform
7.1 Use of the Platform
7.1.1 SHIPPR grants the Customer a free, personal, limited, non-exclusive, non-assignable and non-transferable use and access right to the Platform.
7.1.2 The Customer shall be responsible for procuring, maintaining and securing its network connection(s) to the Platform.
7.1.3 In order to use the Platform (and submit a Booking), the Customer must (i) create and confirm an account and (ii) provide a payment method to our payment partner (for the purposes of Article 9).
7.1.4 The Customer is entitled to use and access the Platform in accordance with the Acceptable Use Policy and Data Processing Policy for Customers, and shall use its best endeavours to prevent or terminate any unauthorized access, illegal use and/or incompatible use of the Platform. If the Customer discovers such unauthorized access and/or use, the Customer shall notify SHIPPR immediately, which is entitled to take all necessary or useful measures to remedy such access and/or use.
7.1.5 If the Customer observes any deficiency or problem, the Customer is obliged to immediately cease the use of the Platform and its APIs and make every reasonable effort – or have every reasonably effort made – to prevent any (further) damage.
7.2 Access suspension
7.2.1 Shippr may at any time and without prior notice temporarily or permanently deny or suspend the access of the Customer to the Platform if the Customer (or its End-Users):
7.3 Prohibited Deliveries and insurance
7.3.1 The Platform may never be used to organize the transport of persons. This also includes the prohibition on the part of the Carrier to transport a person together with the Goods.
7.3.2 The Platform may under no circumstances be used to organise the transport of dangerous goods (as referred to in the regulations applicable to the transport of dangerous goods, including ADR, CMR, IMDG Code) and other goods for which a permit is required.
7.3.3 In particular, it is prohibited to use the Platform to organise the transportation of the following goods (non-exhaustive list): drugs, narcotics and psychotropic substances; objects, writings or substances in general whose import, export, production, circulation, dissemination, use, possession, sale or transport are prohibited by law; objects which, due to their form, nature or packaging, may represent a danger to persons, or which may damage or soil other packages, the deliverer's equipment or goods (including packages) belonging to third parties; chemicals, explosive, flammable or radioactive materials, infectious substances, solid carbon dioxide (dry ice) or other substances which may constitute a danger; infectious substances, living animals or parasites; objects with markings, pictures, logos,… contrary to public order or morality; weapons, essential components of weapons and ammunition, dummy weapons, knives, swords, daggers, etc., coins, banknotes, gasses under pressure, toxic or corrosive substances, fuels and organic peroxides.
7.3.4 The Customer can choose to take out commercial insurance via the SHIPPR Platform for the transportation of the Goods (based on the value of the goods and the amount of risk). If so, the insurance partner of SHIPPR will cover/reimburse the Customer in the events listed in the insurance policy. If the Customer chooses not to insure its Goods, SHIPPR can only be liable for any damage or loss of the Goods during the handling and the transportation in accordance with Article 10. The Carrier Company remains directly liable towards the Customer for the Delivery.
7.4 Support and maintenance
7.4.1 In the event the Customer needs assistance or has an enquiry with respect to the Platform, it may contact SHIPPR via the website chat or phone. SHIPPR strives to assist the Customer as soon as reasonably possible.
7.4.2 In the event of problems with the availability of the Platform, SHIPPR undertakes its best effort to solve such issue as soon as reasonably possible without giving any guarantee. In any case and where appropriate, SHIPPR shall be free to determine what is to be considered an adequate solution for its Customers in this respect.
7.4.3 SHIPPR performs maintenance activities and implements updates of the Platform on a regular basis. SHIPPR strives to minimise the impact on the availability of the Platform by performing the maintenance activities and the updates during the off-peak use moments of the Platform. SHIPPR however does not exclude any downtime in this respect.
7.4.4 All documentation provided in the Platform regarding the legislation, regulations, etc. regarding the use of the Goods and/or Services is purely informational.
8 Fees
8.1 Subscription to and use of the Platform is free of charge unless the Customer opts for the use of certain paid premium functionalities (as specified on the Website and the Platform) when creating an account on the Platform.
8.2 When the Customer books a Delivery through the Platform, payment of a Fee shall be due. Unless agreed otherwise (for instance, in the Framework Agreement (if applicable)), the Fees are determined per Delivery and are automatically calculated by the Platform through an algorithm that takes into account a sum of variables, such as, in particular, zip code or zone, distance of Delivery, day of the week and time of the Delivery, duration of the Delivery, the volume of the Goods, the distance between the pick-up and Delivery addresses, extra handling time, repatriation of carrier (if delivery is outside of the main city zone) and return to pick-up point, express requests, fragile, refrigerated or temperature controller, notification of Recipient. The Fees are calculated at the moment of Booking. As the Fee is determined by the parameters mentioned above, they are constantly subject to change.
8.3 SHIPPR is at all times entitled to update the Fees for Deliveries on the Platform, without this affecting confirmed Bookings.
8.4 In addition, SHIPPR is entitled to increase the Fees if this is necessary and justified on the basis of objective factors / parameters (such as, but not limited to: increase in fuel price, personnel costs, raw materials, etc.). In such cases, SHIPPR shall notify the Customer thereof in advance through email or the Platform. A price increase shall not prejudice Bookings already confirmed prior to the date of the price increase.
Handling time included in the Fee consists of ten (10) minutes for pick-up and five (5) minutes for drop-off. If the real handling time by the Carrier is higher, SHIPPR is entitled to charge the Customer for this additional handling time as stated on the Platform and in accordance with, Article 9.1.
8.5 The Fees are in shown in the local currency, as stated in the Booking (or, if applicable, in the Framework Agreement), and exclude VAT.
9 Payment
9.1 Payment and billing method
9.1.1 In order to enable the booking of Deliveries, the Customer must have entered a valid payment method (as communicated on the Platform) via (on of) our payment partner(s). Payments are automated through said payment partner. The Customer authorizes SHIPPR to debit the Fee directly from the Customer’s bank account or credit card (via the payment partner), unless otherwise stipulated in the Framework Agreement.
9.1.2 Payments must be made in the accepted local currency. If payment is made in another currency, the conversion shall be calculated in relation to the highest rate of the currency indicated by SHIPPR, either at the rate of the date of invoice or at the date of payment. All bank and exchange charges relating to the collection of the amount shall be charged to the Customer.
9.1.3 By submitting a Booking, the Customer accepts to automated debiting by SHIPPR’s payment partner. SHIPPR’s payment partner debits the Customer’s bank account or credit card on a (bi-) monthly basis. The billing periods are from the 1st to the 15th and from the 16th to the end of the current month. The invoices (incl. the details of the Bookings and the Fees) can be consulted on the Platform.
9.1.4 Invoices may only be legitimately disputed by the Customer by sending an email to accounting@shippr.io within ten (10) days following the debit date, stating (i) the date of the invoice, (ii) the invoice number and (iii) a detailed motivation. Invoices that are not disputed in writing within ten (10) days after their issuing shall be considered to have been fully accepted.
9.2 Late payment
9.2.1 If automated debit cannot take place, due to whatsoever reason, Customer will be notified of such event and will be instructed to pay the invoice as soon as possible. All partial payments made by the Customer in that respect, shall be accepted subject to all reservations and without any prejudicial acknowledgement, and shall be allocated firstly to the collection costs, then to the compensation clause and accrued interest, and finally to the principal amount, in which case priority shall be given to the principal amount that has been outstanding for the longest period of time.
9.2.2 Any default of payment by a Customer due to events such as, but not limited to, the expiration of the credit card provided through our payment provider or to an insufficient balance on the Customer’s bank account, shall automatically result in: the suspension or postponement of SHIPPR’s obligations in connection with the Agreement and/or other current agreements between the parties – such as, but not limited to: the suspension or postponement of the Customer’s Booking via the Platform – until the Customer complies with its payment obligations.
In case of default, the Customer shall be notified by email with the invitation to update his payment information. New attempts for direct debit shall be made by SHIPPR through the payment method provided until the amount due is recovered.
9.2.3 If there is a default of payment of the Customer, or the Customer fails to pay in full any other payment due to SHIPPR under any agreement between parties and/or these Terms by the due date for payment, then the Customer shall be liable to pay:
10 Responsibility/Liability
10.1 SHIPPR
10.1.1 The liability of SHIPPR shall always be assessed in light of its qualification as a transport broker (cfr. Article 2) and the best efforts obligation to which SHIPPR has committed. In case of inadequate Services, SHIPPR’s liability is limited to the (renewed) performance of the missing or inadequate Services. If the (renewed) provision of the Services is not (or no longer) possible or reasonable, the Customer is entitled to compensation in lieu of the damage suffered.
10.1.2 The liability of SHIPPR shall be limited to the Fee of the Delivery.
10.2.3 SHIPPR cannot accept any claim from the Customer or third parties for indemnification for:
10.1.4 As SHIPPR, as a transport broker (cfr. Article 2), is only responsible for connecting the Customer with the right Carrier for the Delivery of the Goods, it can never be held responsible for damage resulting from the Delivery itself. However, as SHIPPR makes arrangements with the Carrier Company related to liability, the Customer can request SHIPPR to intermediate liability discussions and/or claims.
10.1.5 The liability of SHIPPR can only be invoked by the direct Customer of SHIPPR and not by third parties.
10.2 The Customer
10.2.1 The Customer assumes the responsibility for the use made of the Services by its End-Users, including but not limited to: the proper and legal use of the Platform. Hence, the Customer shall hold SHIPPR harmless against all claims from third parties arising from the incorrect or unlawful use of the Platform and/or Services by the Customer and/or its End-Users. It shall cover all damages, such as compensations or legal costs (including reasonable lawyer’s fees) provided that SHIPPR has informed the Customer immediately of any claim arising in that matter.
10.2.2 The Customer takes full responsibility for any claims by Recipients or any other third parties caused by the Goods themselves – such as, but not limited to: claims regarding non-conformity or hidden defects of the Goods, product liability etc., regardless of whether these are caused by non-compliance with the Agreement, fault or negligence.
10.2.3 Without prejudice to the foregoing, the Customer shall be liable for all consequences and damages (including legal costs and reasonable lawyer’s fees) incurred by SHIPPR, the Carrier Company and/or its Carriers or third parties as a result of its (End-User’s) non-compliance with Article 7.3 and the applicable regulations, even if the Customer had informed SHIPPR and the Carrier (Company) of the nature of the Goods. SHIPPR excludes any liability for the nature of the Goods.
11 Force Majeure
11.1 In the event of Force Majeure, each party has the right to temporarily suspend the performance of its obligations without being liable for any damages. In case a Framework Agreement has been concluded with the Customer, SHIPPR has the right to review the contractual terms (including those with regard to timeframes, completion deadlines and Fees).
11.2 A situation of Force Majeure that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.
12 Confidentiality and non-solicitation
12.1 All information marked as confidential or reasonably to be considered confidential, disclosed by one party to the other party prior to entering into an Agreement as well as during the Agreement shall be treated with the utmost secrecy.
12.2 The parties shall:
12.3 This confidentiality obligation applies during the course of the contractual relationship between SHIPPR and the Customer and shall continue to exist for a period of three (3) years from its termination for any reason whatsoever.
12.4 The parties shall remain the sole owner of their own confidential information. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the other party any rights to or interest in the confidential information and no implied licenses are granted by these Terms.
12.5 This confidentiality obligation shall, however, in no event imply that SHIPPR shall not be entitled to use and/or commercialize any ideas, input, feedback received from the Customer, which may serve to improve and/or expand the Platform and/or the Services.
12.6 Unless with the written consent of SHIPPR, the Customer shall (i) during the use of the Services and Platform or, if applicable, during the term of the Framework Agreement and (ii) for a period of one (1) year following the termination thereof (for any reason whatsoever), either directly or indirectly
12.7 Any Party breaching the confidentiality or non-solicitation obligation, will need to pay a lump-sum compensation of twenty five thousand (€ 25.000,00) Euro per individual breach, without prejudice of the right of each Party to claim a full compensation for all damage caused by the breach.
13 Intellectual property rights
13.1 The Customer shall not use SHIPPR’s company name, the names or trademarks of the Platform and other Services of SHIPPR as part of the Customer’s name or in any manner capable of misrepresenting the relationship between the Customer and SHIPPR. The Customer shall not alter, remove or tamper with the brands, trademarks, or other means of identification on the Platform and/or other SHIPPR Services without the prior written consent of SHIPPR.
13.2 The Customer explicitly acknowledges that SHIPPR shall own and retain all intellectual property rights with respect to the Platform, its APIs and possible related Services (including all copies, modifications, extensions and derivative works thereof), such as, but not limited to: rights associated with the dashboards, other authorship rights, design rights, know how, domain names and database rights.
13.3 The Customer explicitly authorises SHIPPR to use the Customer’s name and/or project as a reference for publicity purposes, such as by publication on the Website. In this regard, the Customer also authorises SHIPPR to use the Customer’s name, trademark, logo, etc.
13.4 In case of breach of the obligations in this Article, a lump-sum compensation equal to ten thousand euros (€ 10.000,00) per individual breach is due by the Customer to SHIPPR, without prejudice to the right of SHIPPR to claim full compensation for all damage caused by the breach.
14 Privacy
14.1 SHIPPR as controller
14.1.1 The collection of personal data of the (contact persons at) (the potential) Customer shall take place in accordance with the provisions of our Privacy Policy. In such event, we act as controller. This Privacy Policy includes information about the personal data collected by SHIPPR, as well as the manner in which we use and process this personal data for certain purposes. Our Privacy Policy can be consulted (i) when the Customer signs up to the Platform or (ii) on the Website at any time on the following link: https://en.shippr.io/legal/privacy.
14.2 SHIPPR as processor
14.2.1 The Customer acknowledges that – with regard to the processing of all data entered and uploaded on the Platform – it shall act as controller and SHIPPR as processor. All arrangements made between parties in this respect shall be solely governed by the Data Processing Policy for Customers. The Customer explicitly acknowledges that by ordering the Services and entering into an Agreement with SHIPPR to have read and accepted the Data Processing Policy for Customers in its entirety.
15 Changes to the Terms or the Platform
15.1 SHIPPR reserves the right to change or update the Terms and the composition of the Platform at any time. New or amended Terms shall apply from the moment the Customer takes note of, and accepts the new terms, through a notification and subsequent acceptation by the Customer in the Platform. In the event the Customer has certain questions about the changes made, we invite you to contact us via email (legal@shippr.io).
16 Miscellaneous
16.1 No waiver. The (repeated) non-enforcement of any right by SHIPPR can only be regarded as tolerance with regard to a specific condition and shall not waive our right to invoke this at a later time.
16.2 Divisibility. The invalidity of one or more clauses of the Agreement (even partly), shall not affect the validity of the other clauses and/or the remainder of that clause. In such event, parties undertake to replace it by an equivalent clause and in case of no agreement, the competent court may mitigate the invalid clause to what is (legally) permitted.
16.3 Non-transfer. This Agreement and the rights and obligations ensuing from it for the Customer may not be transferred without our explicit consent. However, we shall have the right to transfer this Agreement and the rights and obligations ensuing from it to a third party.
17 Jurisdiction and applicable law
17.1 Jurisdiction. All disputes arising out or relating to the performance of this Agreement shall be subjected to the exclusive jurisdiction of the competent courts of Brussels, Belgium.
17.2 Applicable Law. The Agreement as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of Belgium, with exclusion of all conflict of laws rules
III. Specific terms for special delivery
The following provision shall apply if the Customer requests a Special Delivery through the Platform / by relying on the Services (without prejudice to Part II above).
18 Delivery
18.1 Information obligation of the Customer
18.1.1 It is the Customer its responsibility to indicate in the Booking when the Goods require special care/transportation (for instance, refrigerated or temperature controlled transportation). Given that such transportation must be performed by specialized and adequately equipped Carriers and require special care (for instance, in relation to food safety), the Customer acknowledges the importance to provide accurate and detailed information with regard to the requirements for Delivery.
18.1.2 The Customer is responsible for informing the Recipient of the Goods on the nature of the Goods.
18.2 Refusal of the Delivery
18.2.1 The Customer acknowledges and agrees that the Carrier has the right to refuse or suspend the Delivery of the Goods to the Recipient in case it discovers, upon arriving at the pick-up address, that the information provided by the Customer in the Booking was incorrect or insufficient and, as a result, the equipment of the Carrier and/or level of training of its personnel does not meet the requirements for the Special Delivery. In such case, Article 5.2 shall apply.
18.2.2 The Customer has the right to refuse or suspend the Delivery of the Goods in case it determines that the Carrier is not adequately equipped and/or its personnel is not sufficiently trained to perform the Special Delivery in accordance with the Customer’s requirements and relevant laws on (e.g.) food safety, provided that the Customer complied with its information obligation (cfr. Article 18.1).
18.2.3 SHIPPR cannot be held responsible for any damages and costs resulting from the refusal or suspension of the Delivery by the Carrier or Customer, unless it is established that the Carrier was not provided with the information included in the Booking due to a technical malfunction or default in the Platform.
19 Packaging, storage and temperature control
19.1 The Customer acknowledges and accepts that it is responsible for:
19.2 The Carrier shall be responsible for the storage and temperature control of the Goods during the Delivery up until drop-off / hand-over of the Goods to the Recipient (in accordance with the Customer’s instructions).
