§ 1. General provisions

1. These Rules and Regulations set out the general terms, rules and method of providing Services electronically via www.meestpost.com (hereinafter called the Website) by Meest Polska sp. z o.o., with its registered office in Dębica, ul. Drogowców 7, 39-200 Dębica, Poland, entered in the National Court Register by the District Court in Rzeszów, 12th Business Department of the National Court Register, with the reference number KRS 0000259760, Tax Identification Number (NIP): 8722267231, Statistical Business Identification Number (REGON): 180145090, share capital: PLN 990 000.00, hereinafter called the Service Provider.

2. The Service Provider can be contacted: by sending an e-mail to: info.poland@meest.com; by telephone at: +22 113 40 54; via the contact form available on the Website.

3. These Rules and Regulations are made available by the Service Provider continually and free of charge on www.meestpost.com, in such a way that Users can download them, reproduce them and record the contents by printing them out or saving them on a carrier at any time using the IT system which is used by the User.

4. All rights to the Website, including the author’s economic rights, intellectual property rights to its name, Internet domain, website, as well as the forms belong to the Service Provider, and they may be used only in the manner specified and in accordance with the Rules and Regulations.

5. The Service Provider reserves the right to place advertising content on the Website, concerning the services offered, as well as goods and services of third parties, in the forms used in the Internet. The use of such offers or services is not part of the Website, and the rules thereof are set out by the relevant third parties.

6. These Rules and Regulations set out, in particular, the rules of using the Website, the types and scope of Services, the terms for providing the Services, the terms for concluding and terminating Service contracts and the procedure for complaints.

7. The Service Provider declares that the use of services provided electronically may involve risks on the part of each Internet user, consisting of the possibility of introducing malware into the User’s ICT system and their data being obtained and modified by unauthorized persons. To avoid the risks, the above-mentioned User should use appropriate technical means which will minimize their occurrence, and in particular antivirus software and a firewall.

8. The rules of providing other Services, including paid Services, on the Website may be set out in other rules and regulations.

§ 2. Definitions

The terms used in this document have the following meanings:

Website – the website available in the www.meestpost.com domain, owned and hosted by the Service Provider, on which Users can use the Services offered by the Service Provider under the terms set out in these Rules and Regulations;

User – a natural person with full legal capacity, a natural person running a business, a legal entity or an organizational unit not having legal personality, which uses the Services provided on the Website;

Consumer – a User that is a consumer within the meaning of Article 22(1) of the Civil Code;

Entrepreneur – a User that is an entrepreneur within the meaning of Article 43(1) of the Civil Code;

Parcel – a package, envelope or a different kind of packed item which, in accordance with the rules of the Carrier’s services (hereinafter called the Carrier Regulations/Carrier Service Regulations) and the information on the Website, can be ordered to be transported and delivered to the addressee by the Carrier;

Carrier – an entity professionally engaged in transporting and delivering goods, providing services in its own name and on its own behalf, in accordance with the Carrier Service Regulations it uses;

Account/User Account – a part of the Website allocated to a given User by means of which they can perform specific activities on the Website, in accordance with the rules set out in these Rules and Regulations;

Registration – a one-off activity consisting of setting up an Account on the Website, in accordance with the rules set out in these Rules and Regulations;

Services – services provided by the Service Provider to Website Users electronically within the meaning of the provisions of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);

Contract – a contract for the provision of Website Services, concluded by and between a User and the Service Provider, in accordance with the rules set out in these Rules and Regulations;

Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2020, item 287);

Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344);

Civil Code – the Act of 23 April 1964 (consolidated text: Journal of Laws of 2020, item 1740, as amended);

Rules and Regulations – this document;

Price List – the price list of the services offered by the Service Provider on the Website, available on the Website, in the Price List tab.

§ 3. Rules of using the Website

1. On the Website, the Service Provider allows the Users to use its Services, in particular: to browse the information available on the Website, run a simulation of the costs of delivering a Parcel to a selected place through the services of Carriers presented on the Website, order the postage and delivery of a Parcel, as well as the use of other Services available on the Website.

2. The purpose of the Website is to provide its Users with information about the general terms of the delivery of a Parcel to selected places around the world, the Carriers offering their services in this regard, as well as the possibility of running a simulation of the costs of such services. The Service Provider also makes it possible to order the delivery of a Parcel (hereinafter called “Parcel delivery Order” or “Order”) via the Website, in accordance with the information presented on the Website, in accordance with the rules set out in these Rules and Regulations and at a price specified in the Price List. The Service Provider reserves the right to use prices lower than those specified in the Price List in the event of conducting promotional campaigns. The Website can be used only in accordance with the rules and to the extent specified in the Rules and Regulations, as long as the User does not use other terms for the provision of services to Entrepreneurs, described in § 7 of these Rules and Regulations.

3. Minimum technical requirements to use the Website and Services: - a device with access to the Internet; - access to electronic mail; - the latest version of a web browser with Cookies and Java Script enabled; - a program for reading and saving PDF files.

4. It is prohibited for Users to use the Website or the Services in a manner that violates the legal regulations, good practices, or the personal interests of third parties or the legitimate interests of the Service Provider.

§ 4. Services

1. The Services are provided in accordance with the rules set out in these Rules and Regulations.

2. The Service Provider enables the use of the following Services via the Website:

   1. to browse the information placed on the Website;

   2. to set up and maintain an Account on the Website;

   3. the possibility to run a simulation of Parcel transport and delivery costs (hereinafter called the Calculator);

   4. to calculate and compare the approximate costs of delivering a Parcel to a selected place through the services of the Carriers presented on the Website, as well as services provided by the Service Provider in cooperation with the Carriers;

   5. to order the delivery of a Parcel;

   6. to provide an interactive form enabling contact with the Service Provider;

   7. to provide a Newsletter Service.

3. The Services provided on the Website are free of charge, except for the Parcel delivery Order Service which is paid for in accordance with the rules set out in these Rules and Regulations and in the amount specified on the Website.

4. On the Website, the Service Provider presents information about the services provided by the Carriers and about the services provided by the Service Provider in cooperation with the Carriers as well as other information consistent with the specificity and nature of the Website. Each User has the possibility of browsing the information presented on the Website.

5. The Service Provider also provides a Calculator on the Website, which allows a simulation of Parcel transport and delivery costs to be run.

6. Moreover, the Website presents information on the Carriers’ services or products, covering all or part of a given Carrier’s offer, and about the services provided by the Service Provider in cooperation with the Carriers. Services selected from among the Carriers’ services and the services provided by the Service Provider may be Ordered via the Website, in accordance with the information presented therein.

7. The contract for the provision of the Service consisting of browsing the information available on the Website, including information about the Carriers’ services and products referred to in section 6 above, is concluded for a limited period of time and is terminated at the time a User closes the Website.

8. A contract on the provision of a Service consisting of running a cost simulation via the Calculator available on the Website is concluded for a defined period of time and is terminated at the time a User closes the Calculator tab or the Website.

9. Some of the Services provided on the Website may require having an Account on the Website and logging into it.

10.  The Service Provider makes it possible to set up and maintain a User Account on the Website in accordance with the rules set out in these Rules and Regulations.

11. To set up an Account, a User registers.

12.  Registration is done by completing and accepting the registration form available on the Website.

13.  A contract on the provision of a Service consisting of maintaining a User Account on the Website is concluded for an unlimited period of time and is terminated at the time a User sends a request that their Account be deleted.

14.  A User may not have more than one Account assigned to one e-mail address. The User may not use other Users’ Accounts or allow other persons to use the Account, including disclosing the access password to the Account.

15.  The steps to set up an Account, as well as any other activities as part of the Account maintenance Service may only be performed by persons duly authorized to act on behalf of a User that is an Entrepreneur.

16.  Each Website User may use the Parcel delivery Order Service via the Website. The Service is provided for a defined period of time, from the moment a User completes and sends an interactive Order form via the Website, in accordance with the rules set out in § 5 of these Rules and Regulations, until a Parcel is delivered to the recipient.

17.  Each Website User has the possibility of sending the Service Provider a message using the contact form available on the Website. The contract for the provision of a Service consisting of making a contact form available is concluded for a defined period of time and is terminated the moment a User sends a message via the form.

18.  Each User has the possibility of receiving commercial information from the Service Provider, concerning the Website and other websites of Meest and the Service Provider’s business partners in the form of messages sent to the e-mail address provided by the User (a Newsletter Service). To do so, they should provide a valid e-mail address or activate the appropriate field in the Account set-up form or give appropriate consent to receiving marketing information when using the Website’s Services. The User may withdraw their consent to being sent commercial information at any time. The Newsletter is sent by the Service Provider only to Users that have subscribed to it.

19.  The Service Provider may agree with each User individual rules for the provision of the Services.

20.   A User that is a Consumer may, within 14 days from the date of conclusion of the Contract for the provision of Services referred to above, withdraw from it without giving any reason by submitting an appropriate declaration to the Service User, as long as the performance of the service has not commenced. A contract withdrawal form is available on the Website, in the Complaints tab.

§ 5. Parcel delivery Order

1. As part of a Parcel delivery Order, the Service Provider undertakes to:

   1. collect Parcels by courier from the address, automated parcel machine or point of postage indicated by the Sender, operated by the Service Provider or the Carriers providing services to the Service Provider;

   2. deliver Parcels to Recipients in accordance with the delivery method selected by the Sender;

   3. notify of the Parcels being moved for the appropriate customs procedures required in international trade and perform these procedures, when required.

2. The Service Provider reserves the right to change the selected delivery method in exceptional situations if a delivery cannot be made as selected by a User.

3. The Service Provider concludes appropriate contracts with the Carriers to ensure the completion of a Parcel delivery Order for a User. In keeping with the information provided on the Website, the Order may be processed by 1 (one) or more Carriers, at the individual stages of its completion.

4. The Service Provider will make every effort to ensure that Parcels are delivered within the expected delivery times specified on the Website.

5. The Service Provider ensures the tracking of a Parcel on the Website.

6. To place a Parcel delivery Order, a User uses an interactive form available on the Website (hereinafter called the Order Form), filling in the fields marked as mandatory. Filling in the Order Form and sending it through the Website functionality constitutes acceptance of the Service Provider’s offer for the User as regards the Parcel delivery Order in accordance with the Rules and Regulations of the Website and the Rules and Regulations of selected Carriers.

7. Before placing an Order, each User is obliged to read the Rules and Regulations of the Website and the list of goods prohibited in parcels, published on the Website. The Service Provider reserves that it shall not be held liable for possible damage if a Parcel is sent containing goods included on the list of prohibited goods.

8. The Service Provider will send a summary of a Parcel delivery Order and a confirmation of its receipt to the e-mail address provided by the User in the Order Form. At this point, a contract is concluded between the User and the Service Provider. For selected Carriers, a waybill may also be sent to be printed out and placed on the Parcel or an appropriate postage code with instructions for its use.

9. The User is obliged to provide true information concerning the Parcel’s parameters in the interactive Postage Form, in particular the dimensions and weight, and where necessary – also the contents of the Parcel.

10.  The Service Provider reserves the right to suspend the execution of a Parcel delivery Order and return the Parcel to the User or makes its further execution conditional upon payment of the applicable surcharge which is specified in the Price List of the Website, if incorrect parcel parameters are provided or its permitted dimensions or weight are exceeded.

11. The User may use the Website functionality to place a Parcel delivery Order only up to a value determined separately for each country of delivery. Delivering Parcels above the value referred to in the preceding sentence may be ordered only by prior individual arrangement with the Service Provider. To do so, the User contacts the Service Provider as indicated in § 1 of the Rules and Regulations

12.  The Service Provider declares that, for selected international destinations, the Recipient may be obliged to pay the appropriate tax dues. The Service Provider will inform about this fact each time on the Website, but it reserves that the final decisions and the amount of such charges will depend on the actual value of the Parcel and decisions of the relevant customs services of individual countries.

13.  Undelivered parcels will be returned to the User at their expense, as specified in the Price List of the Website. If undelivered parcels are returned, the User may be obliged to pay the tax dues which occur in cross-border traffic on selected destinations.

14.  In the case of an obstacle in delivery of a Parcel (e.g. due to incorrect delivery details or lack of contact with the Recipient) or its return to the Sender, which cannot be removed due to lack of contact with the Sender, the Parcel may be disposed of. Disposal of the Parcel will take place 30 days after the Sender has been informed about this fact by e-mail.

§ 6. Payments

1. The Service Provider presents the costs of fulfilling a Parcel delivery Order on the Website. Prices are quoted in the currency of the country from which an Order is being fulfilled or in euros, and include all components, including the applicable taxes and other charges.

2. The User makes payment by electronic payment, using an electronic payment system integrated with the Website. The User makes the payment referred to in the preceding sentence within 24 (twenty-four) hours. If the User selects the so-called traditional transfer, the User is obliged to make payment within 10 (ten) days.

3. If a User fails to make payment within the period referred to in section 2 above, the Service Provider may contact the User to remind them of the payment, including, in particular, by e-mail. If the User does not make payment within the period referred to in section 2 and within an additional 3-day period, the Service Provider is entitled to withdraw from the contract for the provision of the service covered by the Order, which will result in the User’s Order not being fulfilled.

4. Payment processing by a payments operator does not involve opening a bank account, and no transactions carried out in it have the nature of banking activities within the meaning of the Banking Law.

5. The Service Provider will send the User an electronic invoice covering the payment referred to in section 2, to the e-mail address provided while adding the Order.

6. The Service Provider may provide separate rules of payment for Users that are Entrepreneurs, which is referred to in § 7 of these Rules and Regulations.

§ 7. Separate rules for providing services to Entrepreneurs

1. The Service Provider enables Users that are Entrepreneurs to use the Services under separate, individually agreed terms.

2. In order to start cooperation in accordance with the rules referred to in section 1 above, an Entrepreneur contacts the Service Provider as indicated in § 1 of the Rules and Regulations.

3. The Service Provider reserves the right to refuse to provide the Services for the Entrepreneur without giving any reason.

4.  As part of using the Website’s Services, a User that is an Entrepreneur is obliged to provide the Service Provider with the details marked on the Website or indicated to it by the Service Provider as being mandatory, including, in particular, the details of their enterprise, in accordance with the rules set out in these Rules and Regulations.

5. The Service Provider may oblige a User that is an Entrepreneur to send electronically copies of the documents indicated, including, in particular, documents attesting to the business activities they carry out, otherwise it may refuse to enter into cooperation or terminate the Contract. If a User carries out business activities outside Poland – the equivalents of these documents in the original language with a sworn translation into Polish.

6. The Service Provider reserves the right to ask a User to send additional documents not indicated above or to send them in a different format.

7. The Service Provider may offer to settle accounts with an Entrepreneur once the Carriers have filled in a Parcel delivery Order, including raising collective invoices covering the Orders in an individually agreed settlement period, however, the standard terms provide for raising a collective invoice for such User once a month or once they have reached a balance of dues of 1 000 (one thousand) zlotys or 250 (two hundred and fifty) euro, and a 7-day period for the payment of such invoice.

8. The Service Provider has the right to suspend the provision of the Services to the Entrepreneur and to terminate the Contract for the provision of the Services with immediate effect, in particular in case of doubts as to the correctness or completeness of the details provided by the User, as well as in other cases, including, in particular:

   1. in case of the suspicion that the User is in violation of the Rules and Regulations of the Website, the Rules and Regulations of the Carriers or the applicable laws;

   2. in the case of any arrears in payments to the Service Provider;

   3. when the User’s acts or omissions have an adverse impact on the Service Provider’s reputation or are otherwise detrimental to the Service Provider.

§ 8. The User’s rights and obligations

1. Users are obliged to use the Website in accordance with the law and the accepted good practices, with due regard to respect for the personal rights and intellectual property rights of third parties.

2. The User is obliged to enter, via the Website, or to provide the Service Provider with details consistent with the facts and to inform immediately about any changes in such details, in particular changes in the details provided within the Account or other details necessary to perform the Website’s Services and for fulfilling the Order.

3. Providing content of an unlawful nature is prohibited.

4. Copying or reproducing any part of the Website in whole or in part without the Service Provider’s prior written consent is prohibited. The Service Provider may take steps, including by way of court proceedings, to protect the interests of the Service Provider and other Users.

5. The Service Provider also has the right to suspend the provision of Services or to terminate the Contract vis-à-vis a User that is a Consumer, in the cases indicated in § 7, section 8, after requesting that they terminate the violations.

§ 9. Liability

1. These Rules and Regulations and the mandatorily applicable laws are the only source of the Service Provider’s liabilities.

2. Responsibility for the Carrier’s compliance with and discharge of all obligations or liabilities, including, in particular, the obligations fulfilled as part of the provision of its services and liabilities arising from fulfilling orders, lies with the Service Provider.

3. The Service Provider shall be liable to the User for non-performance or malperformance of the Contract of up to no more than the declared value of the goods in the Parcel, up to a maximum of 1 000 (one thousand) euros.

4. The Service Provider shall be liable to an Entrepreneur for the loss or diminution of or damage to the Parcel from the time it is collected from the Entrepreneur during the performance of the activities which are the subject of the Contract concluded with the Entrepreneur. The Service Provider is liable only for proven losses incurred by the Entrepreneur as a result of the non-performance or malperformance of the Contract, excluding profits lost by the Entrepreneur. If the losses resulted from circumstances for which the Service Provider is responsible, the Service Provider is liable up to the total replacement value of the Parcel which includes the purchase price of the goods which are the subject of the Parcel, as of the date of collection of the Parcel from the Entrepreneur. In the event of partial damage to the contents of the Parcel, the damages are set at an amount corresponding to the percentage decrease in its value.

§ 10. Complaints

1. Complaints may be filed through the complaints form available on the Website, in the Complaints tab, by sending a message to the following e-mail address : reklamacje@meest.com, via the contact form available on the Website or by writing to the following address: Meest Polska sp. z o.o., ul. Drogowców 7, 39-200 Dębica, Poland.

2. Filing a complaint should include the identification of the person filing the complaint (name and surname, residential address, e-mail address) and a description of the event that is the reason for the complaint.

3. The Service Provider reserves that, in certain situations, photographic documentation of the condition of the packaging of a Parcel, the contents of the Parcel and all labels, waybills and other markings on the Parcel will also be required to deal with the complaint.

4. The Service Provider also reserves that, in certain situations, it may require a User to sign an appropriate statement required under the Carrier’s complaints procedure, in particular regarding the value and contents of a Parcel, and send it to the Service Provider.

5. Complaints will be dealt with within 30 days from the date of their receipt by the Service Provider in the case of domestic services and 90 days in the case of international services.

6. Complaints concerning services or activities performed by a Carrier may also be filed with the Carrier and under the procedure provided for by that Carrier. The Service Provider may provide the User with support to properly address the complaint regarding the Carrier’s activities.

7. The User that is a consumer within the meaning of Article 22(1) of the Civil Code has, among other things, the following possibilities to use out-of-court methods of dealing with complaints and enforcing claims:

   1. they are entitled to submit a request to the Voivodeship Inspectorate for Trade Inspection for initiating mediation procedures for the amicable settlement of the dispute between the User and the Service Provider;

   2. the consumer may also file a complaint via the EU online platform ODR, available at the following address: http://ec.europa.eu/consumers/odr/.

Information about how to access the aforementioned dispute resolution procedures can be found at the following address: www.uokik.gov.pl, in the Polubowne rozstrzyganie sporów konsumenckich [Amicable settlement of consumer disputes] tab.

§ 11. Personal data protection

The Service Provider collects and processes the personal data provided by the Users in accordance with the applicable provisions of the Polish law and in accordance with the Privacy Policy which constitutes Annex 1 to the Rules and Regulations.

§ 12. Final provisions

1. The Rules and Regulations are available in Polish and English, and they may also be available in the languages of the countries in which services are provided on the Website. In the event of any discrepancies in the contents of the different language versions, the Rules and Regulations drawn up in Polish will be the model ones.

2. Unless the mandatorily applicable laws provide otherwise, the Polish law is the law applicable to resolving any disputes arising on the grounds of these Rules and Regulations.

3. Unless the mandatorily applicable laws provide otherwise, possible disputes arising between the Service Provider and a User will be submitted to the competent Polish courts for settlement.

4. Any disputes arising under these Rules and Regulations, where the other party is a User that is an Entrepreneur, will be resolved before the common court which has jurisdiction over the registered office of the Service Provider.

5. The contents of these Rules and Regulations are subject to change. Any User that is a Consumer will be informed of any changes via information on the home page of the Website, containing a list of the changes and their effective dates. The effective dates of the changes vis-à-vis Consumers will be no less than 14 days from the date of their publication.

6. Consumers that have an Account will additionally be informed of the changes together with a list thereof in an e-mail sent to the e-mail address they have provided. The effective dates of the changes will be no less than 14 days from the date of their publication. If a Consumer that has an Account does not accept the new contents of the Rules and Regulations, they are obliged to notify this fact to the Service Provider by sending an e-mail message to the following address: info.poland@meest.com, within 14 days of the date of being informed of a change in the Rules and Regulations. Non-acceptance will result in termination of the Contract.

7. The Service Provider may also present changes in the Rules and Regulations to Users that have an Account to read and accept when logging in to their User Account. If a User does not accept a change in the Rules and Regulations, the Account maintenance contract will be terminated 14 days after such refusal to accept, unless the User accepts it within this time.

8. In the situation referred to in section 7 above, the changed provisions of the Rules and Regulations will apply to a User as from the date of their acceptance.

9. Changes in the Rules and Regulations concerning Users that are Entrepreneurs will come into force on the date of their publication on the Website.

10.   In the event of any contradictions between these Rules and Regulations and the provisions of the Rules and Regulations of Carriers, the provisions of these Rules and Regulations will apply.

11.  These Rules and Regulations will come into force on 1 March 2021.