Article 1. Definition
In these Terms and Conditions of Use, the following words or phrases have the meanings set forth in this section. The definition of a word in the singular number is valid when the word is used in the plural in the Terms and Conditions of Use and vice versa. Where defined words or groups of words are used in these Terms and Conditions of Use, the first letter of the word (or each word) shall be capitalized. Where the same word is used in the Terms and Conditions of Use without capitalization, it shall not have the meaning given to it in this section, but shall have the meaning given to it in common language.
.Site: the term “Site” refers to the website www.shippr.io, dashboard.shippr.io and any mobile application referred to as “Shippr”.
.User: the term “User” refers to any person, whoever that person may be, who uses the Site for any purpose.
.Holder: the term “Holder” refers to the company Shippr S.A., whose registered office is located at 350 Avenue Louise, 1000 Brussels, registered at the ECB under the number 0674.799.306.
.Account: the term “Account” refers to the user account as completed by the User at the time of registration.
.Service: the term “Service” refers to all the services that can be ordered through the Site
Article 2. Subject
The purpose of this document is to determine the general conditions of use of the Site. The User undertakes to use the Site with all due care and diligence, in compliance with national and international legal and public order provisions and with the present provisions.
Article 3. Acceptance
The use of the Site, for whatever reason, implies the full and complete acceptance by the User, whoever he may be, as well as his understanding of the present Conditions, including the primacy of the Conditions over any other general conditions that the User of the Site may invoke. If the User does not accept these Terms and Conditions, the User is requested to immediately leave the Site and not to use it in any way. By accessing and using the Site, the User accepts the general terms and conditions of use without any reservation. If any provision of these General Terms and Conditions of Use is not applicable or is contrary to mandatory law, this shall not affect the validity or applicability of the remaining provisions. The User acknowledges that these Terms and Conditions of Use and the use of the Site do not create any form of legal association between the User and the Owner.
Article 4. Content of the Site and modification
The Site is regularly updated, and great care is taken to ensure that the information contained therein is relevant. However, the Titleholder cannot guarantee the accuracy, reliability, integrity, timeliness, precision, and completeness of all information contained therein. The Titleholder cannot be held responsible for the quality of the Services as offered by the Deliverers. The Holder reserves the right to periodically, unilaterally and without prior notice, modify the Conditions, for example to adapt them to legislative and regulatory changes, or to modify the functionalities offered. The User must validate this new version of the Conditions to continue using the platform. The User is presumed to have read, accepted and understood these modifications by continuing to use the Site.
Article 5. Registration form - User account
To access all the Services provided by the Site, the User must create an Account. When registering, the User is required to provide complete and accurate information and undertakes to notify the Holder without delay of any change in this information. When registering, the User refers to a unique identifier and a personal nominative password, which he/she undertakes to keep confidential. The User undertakes not to use an identifier that is offensive, contrary to public order or morality, that infringes the rights of third parties, the laws, and regulations in force in Belgium or the image of the Owner. The User undertakes not to create or use accounts other than the one initially created, whether under his own identity or that of a third party. Any departure from this rule must be explicitly requested by the User and expressly authorised by the Owner. The creation or use of new accounts under the User's own identity or that of a third party without having requested and obtained the Holder's prior authorisation may result in the immediate suspension of the User's Accounts from all services associated with that Account in accordance with Article 9 below. The User is solely responsible for the confidentiality, security, and use of his/her login and password associated with his/her Account. The Holder cannot be held responsible for any damage caused by the User's entering incorrect or insufficiently accurate data when registering for an Account.
Article 6. Majority
The User declares that he/she is of legal age and has the capacity to exercise his/her rights under these Conditions. The User shall ensure that access and/or use of his/her Account by any third party, including minors, without his/her prior authorisation is blocked. The Holder may not be held liable in any way whatsoever for the use of the Site and/or the User Account by a minor, by any means whatsoever.
Article 7. Use of the site
The User undertakes to use the Services offered by the Site in good faith and not to contravene these General Conditions. The User expressly undertakes to :not to exploit the information in an illegal manner and not to violate any local, regional, national, or other applicable law or regulation, or any court order, including, but not limited to, planning restrictions and tax regulations; not to use the Site in such a way that it is damaged, transformed, interrupted, discontinued or rendered less effective by any means whatsoever not to use the Site for the transmission or posting of computer viruses or for the transmission or posting of illegal, unlawful, inappropriate or immoral content (including, but not limited to, information of an obscene nature or harmful to public order);not to use the Site with the aim of infringing, in any way whatsoever, the rights of a natural person, legal entity or association such as - inter alia but not exclusively - the right to privacy and intellectual property; to carry out all necessary checks on the rights attached to the elements reproduced in his publication(s) and, where appropriate, to obtain the authorisation of the holders of these rights;not to use the Site to send or transmit content for promotional or advertising purposes without having first requested authorisation from the Holder;not to reproduce, without the prior and express authorisation of its author, without this list being exhaustive, any work, illustration, image, photograph, text, file, etc., The Holder is not responsible for the possible propagation of viruses in the event that, despite the precautionary measures taken, this should occur, and declines all responsibility for the damage that these viruses may cause. If advice is given, either directly or indirectly, via the Site, in the context of medical, legal, financial or any other personal or commercial decisions, this advice is given without any form of guarantee and without the Holder being liable for it. The User is required to always consult an expert in these matters for additional information appropriate to his/her particular situation. The User undertakes to fully indemnify the Licensee against any damage suffered, directly or indirectly, by the Licensee as a result of the User's conduct. The Holder reserves the right to suspend access to any publication that it considers to violate the Conditions, a legal norm or to be contrary to good morals. In such a case, the Holder will notify the User concerned, by e-mail, of the suspension measure, inviting him to put an end to the faulty behaviour identified in the notification.
Article 8. Obligations of the user
The User is obliged to comply with the instructions, messages, rules, terms, and conditions mentioned by the Owner when using the Site. All instructions and notes (e.g. Frequently Asked Questions) issued by the Owner must be followed by the User in their updated and possibly amended version. If the User fails to comply with any of their obligations under the Terms, the Owner may take appropriate action (e.g. issue a warning, block or delete the content, make the User's access inaccessible or notify them). The User is responsible, without any restriction, for their personal conduct when using it. This applies in particular if there is any doubt about any published contribution or content used by the User.
Article 9. Suspension of access to the Site - deletion of the Account
If the User concerned by the suspension measure referred to in Article 8 fails to remedy the situation reported, the Holder will send a formal notice to comply immediately with the said article. If, despite the formal notice, the User does not voluntarily put an end to the misconduct reported, the Holder will delete, without further notice, the Account without compensation to the User. The Holder reserves the right to refuse the re-registration of the User whose Account has been deleted. In general, the Holder reserves the right to suspend or interrupt all or part of the access to the Site, as well as to take technical measures and, if necessary, legal measures, in the event that the User is presumed to infringe, in any way whatsoever, the interests of the Holder, the Site or any third party, including its intellectual property rights.
Article 10. Intellectual property
The notion of "Intellectual Property" refers to all objects and rights of intellectual and industrial property, including (but not limited to) copyrights, trademarks, patents, models, databases, source codes and any other material owned by the Holder. The general structure of the Site as well as all of the content published on it (namely images, articles, photographs, illustrations, distinctive signs, logos, brands, videos, interviews, sounds, texts, etc.), including any newsletters, are protected by national and international legislation on intellectual property, and in particular copyright, neighbouring rights, trademark law and image rights. The Holder explicitly reserves the intellectual property rights and other rights to its name, logo and visual identity. Third parties are prohibited from using these names, logos and visual identity without the express prior written consent of the Titleholder. These Terms do not transfer any intellectual property rights to the User, who is not allowed to copy, send, distribute, disseminate, sell, publish, issue, circulate, arrange or modify the material on the Site other than for the purpose of using and managing the lists created. All reproduction rights are reserved to the Holder, including for texts, downloadable documents, iconographic and photographic representations. In this respect, in the absence of express authorisation from the Owner, it is strictly forbidden to exploit the contents of the Site and in particular to reproduce, represent, modify or adapt them in whole or in part. The Titleholder is aware that its name and logo could be misused by third parties for fraudulent activities. In this respect, the Holder draws the attention of the User to be vigilant and therefore recommends not to contact the instigators of such fraudulent activities and not to send money or reveal banking or credit card information or identity to anyone claiming to represent the Holder or to have a banking relationship with the Holder without first checking the issuer of the request. In case of doubt, the User may contact the Account Holder at email@example.com . The Registrant cannot in any case be held responsible for the abusive or fraudulent use of its name, logo, or address. It is requested to inform the relevant police or judicial authorities directly of any suspicious activity. Such activities may also be reported to the Holder.
Article 11. Exemption clause
The information, products, and services on the Site may contain inaccuracies in content or typographical errors. This information is subject to change periodically. The Owner and/or suppliers may make changes to this Site at any time. The Holder invites the User not to make any important decision on the basis of the information provided through the Site.
The User is required to consult a person with professional competence to give him/her specific advice adapted to his/her situation. Except in the case of fraud or deceit, in no event shall the Registrant be liable for any direct, indirect or consequential damages (including, without limitation, lost profits, lost savings or lost business opportunities, loss of data, industrial damage, inactivity or personnel costs) arising out of its fault, contractual obligation or liability for services, even if such damages result from gross negligence or recurrent fault caused by:
i) the Site, including its unavailability or technical functioning
ii) the information or content of the Site;
iii) viruses, hacking attacks and other computer crimes; or
iv) the content and use of websites to which hyperlinks are provided on the Site, even if the Holder or one of its suppliers has been advised of the possibility of such damage. Any use of this Site is therefore entirely at the User's own risk. If the User is unable to approve this Site in whole or in part, or if the User does not agree with the terms and conditions of use, the User's sole remedy is to discontinue using this Site.
Article 12. Personal data
Article 13. Liability
The Holder cannot be held responsible in the following cases:
difficulties of functioning of the Site or interruption of its services independently of its will;
momentary interruptions of the services or of the Site necessary to their evolution, maintenance or update;
failures or malfunctioning of the Internet network in the transmission of data, messages or documents;
The Holder provides reasonable efforts to give exact information on the Site, which can be modified and updated without notice or notification. The Registrant, as well as any other party mentioned on the Site, bears no responsibility, and makes no warranties, express or implied, as to the freedom from error, viruses, or malfunction of the Site and/or the correctness, reasonableness, currency, and completeness of the content of the Site and the pages. In no event shall the Holder be liable for any direct or indirect damages in the broadest sense arising out of or in connection with the use of the Site.
Article 14. Information on the Site
The descriptions of the products/services presented on the Site are given for information purposes only. They do not engage the responsibility of the Holder in any way whatsoever.
Article 15. Forum and comments
If the Holder allows the User to leave comments on certain pages of the Site, the latter undertake to respect the generally applicable legislation and in particular not to publish any denigrating, defamatory, abusive, hateful, belligerent, racist xenophobic or inciting to discrimination, hatred or violence towards a person, a group, a community or their members, because of an alleged race, colour, descent or national or ethnic origin of some or all of them. The User shall refrain from posting any images, illustrations, hyperlinks, photos, etc., that violate any Belgian or international legal provision. The Owner may not in any way be held liable for any information or material whatsoever posted by any User on the Site.
Article 16. Hypertext links
The Holder cannot be held responsible for hyperlinks to other websites, as he has no control over the content of these sites. If the Holder is not opposed to the creation of hypertext links to its site, an authorisation must however be requested and obtained beforehand in writing. The Holder reserves the right to demand the removal of a link to one of the pages of the Site if he considers that the maintenance of the link does not correspond to his missions, values or would be likely to harm him. The Site may also contain links to third party services or websites for which the Site Owner has no control, so that the User enters into a direct relationship with the third party service provider concerned, without the Site Owner being involved in this relationship in any way.
Article 17. Cookies
Article 18. Miscellaneous provisions
The User accepts that the Holder may send notices to the User, by e-mail, by post or by any other useful means of communication. If one or more clauses of the Conditions are declared null and void or inapplicable, the nullity or inapplicability shall not affect the validity or applicability of the other clauses. The fact that the Titleholder fails at any time to insist on strict compliance with the Conditions shall not be deemed a waiver of its rights and shall not prevent the Titleholder from demanding strict compliance. The failure of the Titleholder to require compliance with or to enforce any of the provisions of the Conditions shall not constitute a waiver of its rights under the Conditions and shall not affect the validity of the Conditions in whole or in part or prejudice the exercise of the Titleholder's right to take any action.
Article 19. Applicable law and jurisdiction clause
Unless expressly agreed otherwise in writing, the Conditions are governed exclusively by Belgian law. The User shall endeavour to resolve amicably any dispute or litigation that may arise between them and the Holder in connection with the execution of the Conditions. In the absence of an amicable solution, the French-speaking courts and tribunals of the judicial district of Brussels shall have sole jurisdiction. The language of the proceedings shall be French.
Article 1. Introduction
Shippr is a company whose registered office is located at Avenue Louise 350, 1000 Brussels, Belgium (hereinafter, the "Company" or "Shippr"). Shippr.io is a web platform that provides a delivery service addressed to merchants and professionals (excluding any consumer). The purpose of our Service is to provide a simple and convenient solution that connects our customers (the "Applicants") with a fleet of independent delivery agents (the "Deliverers") in order to carry out a Delivery of Goods in accordance with the terms and conditions set out in these Terms and Conditions. For more information, you can contact us via :
Telephone: +32 (0) 2 486 63 44
Head office address: Avenue Louise 350, 1000 Brussels, Belgium
Article 2. Definitions
In these General Conditions, the following words or groups of words have the meaning defined in this article. The definition of a word given in the singular shall apply when the word is used in the plural in the General Conditions and vice versa. Where the words or groups of words defined are used in these General Conditions, the first letter of the word (or of each word) is a capital letter. Where the same word is used in the General Conditions without a capital letter, it does not have the meaning given to it in this article, but the meaning of common language. The purpose of this clause is to define the various essential terms in these General Conditions.
Site: means the www.shippr.io website (including dashboard.shippr.io);
Applications: means all applications for mobiles, tablets and smartphones, and the Company's application program interfaces;
Platform: means collectively the Site, all Applications and the Shippr Services;
Services: refers to all of the services for putting Applicants and Deliverers in contact with each other that are offered through the Platform, including in particular the online reservation service, which makes it possible to obtain a Delivery of Goods;
Applicant: means any person of full age and capacity or any legal entity represented by a duly authorised natural person who calls upon Shippr directly or indirectly via a request encoder to find a Deliverer for the collection from a natural or legal entity (the "Sender") of one or more goods (the "Goods") and the delivery of these Goods to a natural or legal entity (the "Recipient"). The Applicant may be the Shipper, the Consignee or a third party;
Applicant Content: data transmitted by the Applicant within the Site;
Account: the Applicant's private space accessible from the Platform with the Identification Elements and containing, in particular, information relating to the Applicant, to the Services provided by the Company and allowing, if applicable, to benefit from or carry out Deliveries of Goods;
Pick-up Address: means the pick-up address for the Goods provided by the Applicant for a Goods delivery request;
Delivery Address: means the delivery address of the Goods provided by the Applicant for a Goods Delivery Request;
Recipient: means the natural person (including the agent or representative of a legal entity) whose identity and contact details are entered on the Application or Platform by the Applicant as the recipient of the Goods and who is located at the Delivery Address or, where applicable, in an adjacent perimeter, subject to its designation, by any means, by the Applicant;
Identification elements: connection identifier and/or password transmitted by the Company to the User and allowing the latter to access his/her Account and the Services;
Sender: means the natural person (including the agent or representative of a legal entity) whose identity and contact details are entered on the Platform by the Applicant as the Sender of the Goods and who is located at the Takeover Address or, where applicable, in an adjacent perimeter, subject to its designation, by any means, by the Applicant;
Delivery of Goods: means the transport services of Goods which are entrusted to the Supplier by the Applicant and performed by the Supplier through the Platform;
Goods: means the goods for which the Applicant requests delivery by the Supplier;
User: means either the Deliverer or the Applicant.
Deliverer: means the natural or legal person (and in this case, the employee of said legal person) who offers his services via the Platform in order to carry out Deliveries of Goods on behalf of Requesters who request it from the Sender to the Recipient.
Measures: refers to the volume of Goods and the number of packages to be supported.
Article 3. Scope, acceptance, and modification
1. These terms and conditions (hereinafter, the “Terms and Conditions”) are effective as of the above date and apply to all Services provided by Shippr, regardless of the nature of the service provided.
2. By using Shippr's Services, the Applicant accepts these Terms and Conditions without reservation, and any general or special terms and conditions of the Applicant or of any party other than Shippr shall not apply and shall at all times be rejected. This shall also apply if the conditions of the Deliverer or any other party have not been expressly rejected.
3. The Service as offered by Shippr is limited to providing the Platform to the Applicant enabling him to find a Deliverer for the Delivery of Goods. The contract of carriage is directly concluded between the Applicant and the Deliverer when a Deliverer accepts the proposal of an Applicant to transport Goods from the Shipper to the Recipient. This acceptance is made via the Platform.
4. Shippr shall be entitled to suspend, stop or change the provision of the Services and/or the related tariffs at any time and without prior notice, it being understood that such decision shall apply immediately and by right and shall have no influence on the conditions for the Services previously entrusted to Shippr.
5. These General Terms and Conditions may be amended at any time by Shippr. The Applicant shall be informed of the changes and the date of their entry into force by means of the technique deemed appropriate by Shippr. This may be done, for example, by e-mail or in the form of a pop-up on the screen when using the Platform.
Article 4. Availability of the Services
1. The Platform can only be used for the transport and delivery of goods in Belgium and France. If the Pick-up Address is located outside the Brussels-Capital Region at the time of booking the Delivery on the Platform, a message will appear stating that the Delivery will be impossible.
2. Shippr can extend the use of the Platform to other cities, these cities will then be referenced on the Site at the time of the reservation of the Delivery on the Platform.
3. Deliveries can only be made during the following hours: Monday to Sunday inclusive, from 6:00 am to 10:30 pm.
Article 5. Account creation
1. To be able to use the Platform, the Applicant must create an account by indicating:
his first and last name
his e-mail address
his telephone number
2. The Applicant must then confirm his e-mail address by clicking on the link contained in the message sent to the e-mail address provided, and then provide the following information about his company:
Siret number (France)
billing e-mail address
delivery volume requirements (indicative)
3. The Applicant will then be asked to enter a payment method with our payment partner Stripe among the following possibilities:
credit card (Visa, MasterCard, Amex)
bank account number for SEPA mandate
manual bank transfer (reserved for large accounts partners)
This step can be skipped during the account creation, but will have to be finalized before being able to book a delivery. Shippr does not record, have knowledge of, or access to any payment information entered on the Stripe platform.
Article 6. Limits of use of the platform
1. Shippr retains all intellectual property rights to all content and functionality of the Platform. Shippr grants Applicant a non-transferable, non-exclusive, limited licence to use the Platform in accordance with these Terms and Conditions.
2. Shippr may, at any time and without prior notice, temporarily or permanently deny access to Shippr if Applicant:Uses the Platform in a way that violates these General Terms and Conditions, current legislation, or in a way that violates the integrity of third parties or the reputation of Shippr, misuses the Platform, provides incomplete or inaccurate information when registering on the Platform, and fails to inform Shippr in case of changes in the data provided to Shippr at the time of his registration. Does not have a valid means of payment or a means of payment whose balance does not allow him to pay the amounts due.
Article 7. Reservation of a Delivery
Booking a Delivery on the Platform follows the following steps:
1. The Applicant enters the following information:
date and time desired for the pickup
pickup contact information
destination address(es) volume(s) of goods to be transported
2. Each time a Delivery is booked on the Platform, the Applicant is provided with a summary of the type of volume to be transported, as well as the estimated price, before finalization. This price does not include any additional handling fees resulting from the delivery service. By accepting this summary, the Applicant commits himself to the payment of the Delivery.
3. Any reservation of a Delivery, after confirmation of the summary by the Applicant, will be submitted to the delivery partners for execution.
4. The Prices are determined per trip, being automatically calculated by the Platform after an algorithm that takes into account a sum of variables, such as the volume of the Goods, the distance to be covered between the pick-up and delivery Addresses, the delivery times, the handling, etc. They include the intermediation commission of the Platform. They include the intermediation commission due to the Company in return for the Services.
Article 8. Modification and Cancellation
Any reservation of a Delivery will be put under a status describing the status of said reservation:
"Delivery in progress";
The Applicant has the right to change his or her delivery information, free of charge, as long as the delivery reservation is in the status “Delivery Created” or “Delivery Assigned” and the pick-up is more than 2 (two) hours away.
If the following information:
Volume(s) of merchandise.
is changed less than 2 (two) hours prior to pick-up and/or if the delivery is under the status “Imminent Delivery”, the Applicant will be charged a change fee.
The Applicant has the right to cancel, without charge, the reservation of a Delivery as long as the reservation of the Delivery is under the status “Delivery Created”, “Delivery Assigned” and if the pick-up of the goods is to be made in more than 8 hours.
The applicant whose delivery reservation is to be picked up in less than 8 hours and the status of the reservation is still “Delivery Created” or “Delivery Assigned”, has the right to cancel, subject to a cancellation fee amounting to 30% of the amount of the delivery reservation. Once the delivery reservation has been placed under the status “Delivery Imminent”, “Delivery In Progress” or “Delivery Completed” the Applicant will not be able to cancel the order which is considered firm and final.
Cancelled orders will then be invoiced in full to the Applicant with a transaction limit of 35,00€ (thirty five euros) to which will be added the possible expenses of the deliveryman for his round trip to the point of collection of the goods.
Article 9. Goods prohibited for transport
1. The Platform may not be used to transport dangerous goods (as defined in the regulations applicable to the transport of dangerous goods, including ADR, CMR, IMDG Code) and other goods for which a permit is required.
2. In particular, it is prohibited to transport through the Platform (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 others;
Chemicals, explosive, flammable or radioactive materials, infectious substances, solid carbon dioxide (dry ice) or other substances that may constitute a danger;
Infectious materials, live animals or parasites;
Objects bearing external markings contrary to public order or morality; Weapons, essential components of weapons and ammunition, dummy weapons, knives, swords, daggers, …
Gases under pressure, toxic or corrosive substances, fuels and organic peroxides;
3. The following are not prohibited for transport, but are excluded from insurance through the Platform:
Foodstuffs and tobacco products or other products on which excise duties are levied;
Any other sharp or pointed object;
Bearer securities, coins, banknotes, jewellery (except costume jewellery with a value of less than 500 (five hundred) EUR per package and as long as it does not contain gold, silver or precious stones), works of art and collector's items or other precious materials, including animal furs, and more generally all goods with a value of more than 500 (five hundred) EUR.
4. The Applicant shall be liable for all consequences and damages incurred by Shippr, the Deliverer or third parties as a result of non-compliance with these General Terms and Conditions and the applicable regulations, even if he had informed Shippr and the Deliverer of the nature of the Goods. Shippr excludes any liability due to the nature of the Goods. The Applicant expressly acknowledges and accepts this exclusion of liability.
Article 10: Inspection, refusal or suspension of services and related costs
1. The Applicant agrees that the Supplier and any public authority may at any time open the packaging of the Goods to inspect the Goods.
2. The acceptance of the Goods by the Deliverer does not imply that the Deliverer acknowledges that the package meets all the requirements for carriage.
3. The Deliverer has the right to refuse the deposit or collection of the Goods and/or to suspend the carriage or to return the Goods to the Shipper or the Applicant if, in its opinion, the Goods are dangerous and prohibited or if the other conditions are not complied with and/or if the description as provided by the Applicant via the Platform does not correspond to the Goods to be carried.
4. The Applicant shall be liable to the Supplier if the refusal or suspension results in costs or any liability for the Supplier. The Applicant shall hold Shippr harmless from any claims for compensation by the Supplier or third parties.
Article 11. Obligations and liability of the Applicant
1. The Applicant shall log in to the Platform and complete all requested information correctly and accurately, as well as immediately notify Shippr of any changes to its information directly via the Platform.
2. The Applicant warrants that :he is at least 18 years old as a natural person and validly resides in Belgium, or that he has been validly constituted as a legal entity;if he operates as a natural person in the course of his professional activity or on behalf of a natural person who operates in the course of his professional activity;the Goods correspond to the description transmitted to the Deliverer via the Platform;the Goods comply with these General Terms and Conditions, in particular article 8;he shall take all reasonable precautions to avoid any possible damage;the Goods shall be entrusted to the Deliverer at the place and at the time indicated on the Platform;the Goods shall be received by the Recipient at the place and at the time indicated on the Platform;he shall not use the Platform for the transport of persons. This also implies that the Deliverer may not transport the Applicant or the Shipper together with the Goods; and the payment will take place as indicated on the Platform.
3. The Applicant shall hold Shippr, the Deliverer and third parties harmless from any liability arising from the fact that the aforementioned statements of the Applicant do not correspond to reality or that the Goods do not comply with these General Terms and Conditions and/or the applicable legislation, and shall thereby indemnify any damages or costs arising therefrom, including legal costs.
4. The Applicant shall be liable for any damage caused by or through the Goods entrusted to the Deliverer, both by the nature of the Goods and by their packaging, and for any damage to the Goods themselves and to other goods, the environment and persons.
Article 12. Prices and terms of payment
1. The use of the Platform by the Applicant is free of charge unless the Applicant opts for the use of a paid premium functionality under the subscription model via the Platform.
2. The Services and Delivery reservations are subject to a fee. The fees are the current fees applied by Shippr for the Services at the time of booking the Delivery. The current rates can be consulted when ordering the Delivery on the platform. They may be modified at any time by Shippr, without this modification affecting a current Delivery reservation. The price of the Service includes the cost of postage for the Delivery.
3. Prices are quoted in euros, exclusive of tax.
4. The Service and the Application are accessible via the Internet and the placing of any Order requires a connection to the Internet in any form (Wifi, 4G, etc.). Internet connection costs shall be borne exclusively by the Customer. The Customer's attention is drawn in particular to the costs of internet connection via mobile networks.
5. In order to be able to submit a request for the reservation of a Delivery, the Applicant must have entered a valid payment method via the payment partner Stripe.
6. The billing periods are from the 1st to the 14th and from the 15th to the end of the current month. The balance of the Services for the current billing period can be consulted under the Settings, Billing section of the platform.
7. Payments for the balance of the Services will be taken automatically twice a month, on the 15th (fifteen) of the current month and the 1st (one) of the following month unless the day of collection is a non-working day, in which case collection will take place on the next working day.
8. Any default in payment by an Applicant, in particular due to the expiry of the credit card provided or an insufficient balance on the card or bank account, will automatically result in the suspension by Shippr of his access to the Delivery booking via the platform. In case of default, the Applicant will be notified by email and invited to update his payment information. New direct debit attempts will be made on the payment method provided until the amount due is recovered.
9. In the event of non-payment of the invoice in full 15 days after its issue, the amount of the invoice shall be increased by default interest at the legal rate applicable to late payment in commercial transactions, as published in the Moniteur by the Minister of Finance. This interest shall be due by operation of law without prior formal notice.
10. Any sum not paid within the time limit shall be increased by right and without notice of default by 15%, with a minimum of 100 euros, by way of fixed and irreducible compensation.
11. Failure to pay an invoice, even partially, on the due date shall result in all other invoices becoming immediately due and payable and in the suspension of all services provided by Shippr NV
12. Key account customers have the possibility to opt for payment by manual transfer, with payment terms negotiated with Shippr. In this case, the late payment interest mentioned in article 12 - paragraph 7 will be calculated from the due date of the invoice.
13. The Applicant shall pay the Deliverer the agreed fee, which shall be deducted from the total value of the balance of the Shippr Services, via the Platform.
14. In this respect, Shippr shall facilitate the payment of the price corresponding to the Delivery, acting on behalf of the Deliverer as a limited collection agent of the Deliverer. Payment made in this way shall be treated in the same way as payment made directly by the Applicant to the Deliverer. This fee includes the commission to be paid by the Deliverer to Shippr for the use of the Platform. The general terms and conditions (link on our website) of Shippr are an integral part of these Terms and Conditions.
15. Any complaint, in order to be valid, must be addressed to Shippr SA by email to firstname.lastname@example.org within 8 days following the execution of the delivery. After this period, the delivery shall be deemed to have been carried out to the full satisfaction of the customer, the goods delivered shall be deemed to be in conformity and free of defects, and the related invoicing shall be deemed to have been correctly established.
16. The payment made shall be final and shall not give rise to a refund, unless Shippr decides otherwise.
Article 13. Limitation of liability
Shippr's responsibility is limited to finding a Deliverer or, if applicable, to informing the Applicant within a reasonable time that no Deliverer could be found. Shippr shall not be liable in any way for damage to and/or loss of the Goods or for damage caused by the Goods. Shippr shall in no case be liable for any indirect damage, including but not limited to loss of profit (e.g. loss of turnover, loss of profits, customers, data, etc.), which results from a contractual and/or extra-contractual fault on the part of Shippr and/or its employees and/or subcontractors. Notwithstanding any provisions to the contrary, Shippr's liability shall in any case be limited to EUR 500 (five hundred) per transport.
Article 14. Non-solicitation of Deliverers
During the entire term of this Agreement, but also for a period of 6 months after the end of it, the Applicant expressly undertakes not to directly or indirectly solicit Shippr's partner delivery service providers without Shippr's written consent in the contractual territory. In addition, the Applicant is obliged to enforce this obligation of non-solicitation of the Delivery Partners, if applicable, to any person working directly or indirectly for him (employees, workers, etc.).
In the event of a direct or indirect breach of the obligation set forth in §1 by himself or by a third party for whom he is responsible, the Applicant undertakes to pay an irreducible lump-sum compensation of € 15,000.00 to Shippr, without prejudice to Shippr's right to claim additional damages.
Article 15. Personal data
The personal data that the Applicant, the Sender, the Deliverer and the Recipient (or their staff members) provide to Shippr shall be used by Shippr for the purpose of providing the services referred to in these General Terms and Conditions and for the commercial promotion of the Services provided by Shippr and by companies related to Shippr within the meaning of Article 11 of the Companies Code. Unless the Applicant, Sender, Deliverer or Receiver (or their relevant personnel) object, such data may be disclosed to such related companies for such purposes. The email addresses given by the users in the application, may be used by the Platform to communicate information about Shippr. The user has the possibility to unsubscribe from these communications at any time, via the 'unsubscribe' option in each communication.
The Deliverer agrees that the photos of the Goods that are uploaded on the Platform by Shippr may be used and/or modified for commercial purposes;
The Deliverer agrees that the mobile numbers of the parties involved (= Applicant, Sender, Deliverer and Recipient) are made available for these parties involved on the Platform, until the moment the shipment is put in the delivered status;
Deliverer agrees that chat messages that are sent via the Shippr application between Sender, Deliverer and Recipient, can be seen by the administrators of the Platform, and that these messages can be used in case of dispute;
If Applicant, Sender, Deliverer or Recipient (or their relevant staff members) do not wish their personal data to be used and/or disclosed for these purposes, they may inform Shippr at any time in writing. The Applicant, the Sender, the Deliverer or the Recipient also have the right to inspect and correct their personal data. They can exercise these rights by sending a written, dated and signed request to Shippr;
The privacy statement (link on the Site) is an integral part of these Terms and Conditions.
Article 16. Miscellaneous provisions
The possible nullity of one or more clauses of this agreement or parts of this agreement does not entail the nullity of the agreement as a whole, but only of the part concerned. Any dispute concerning or related to these General Terms and Conditions that cannot be settled amicably shall fall under the exclusive jurisdiction of the courts of Brussels. These General Terms and Conditions are governed exclusively by Belgian law. The parties undertake to guarantee absolute confidentiality vis-à-vis third parties with regard to all technical and commercial information of a confidential nature of which the parties are informed in the context of the execution of these General Conditions. However, this shall not apply to information the disclosure of which is required by law, regulation, or court order.
Article 17. Referencing
As from the acceptance of these conditions by the Applicant, the Holder reserves the right to quote the Applicant's name and logo as a reference in any advertising, commercial and institutional document (in particular on its Site), which the Applicant expressly declares to accept.
Article 18. Miscellaneous provisions
The possible invalidity of one or more clauses of this agreement or parts of this agreement does not entail the invalidity of the agreement as a whole, but only of the part concerned. Any dispute concerning or related to these General Terms and Conditions that cannot be settled amicably shall fall under the exclusive jurisdiction of the courts of Brussels. The parties undertake to guarantee absolute confidentiality vis-à-vis third parties with regard to all technical and commercial information of a confidential nature of which the parties are informed in the context of the execution of these General Conditions. However, this shall not apply to information the disclosure of which is required by law, regulation, or court order.