NOTE. These are the Terms and Conditions for the Parcify Services in Belgium. If you wish to check the T&C for the Netherlands, click here.

 

Current version. Last Updated: August 25, 2017

 

Before using the Services, you should click on the box that you agree with the General Conditions and the Privacy Policy (see point 4.4(d)). If you do not accept to be bound by the Terms and Conditions or by the Privacy Policy, you shall not be able nor entitled to use the application.

By using the application, you unconditionally accept the Terms and Conditions and the Privacy Policy. The General Conditions and the Privacy Policy shall apply each time you use the Services.

 

  1. Introduction

1.1.      Parcify N.V. has developed and manages an online-platform, accessible via www.parcify.com, and a mobile application for facilitating the pick-up and delivery of parcels where and when you want.

Parcify puts this online-platform and this mobile application at the disposal of persons who wish to receive or return parcels

1.2.      The services of Parcify include the use of the online platform and mobile application and:

  1. a) the picking-up and delivering of a parcel to be sent to you once you:

– filled in Parcify’s address at a website or app of a Sender so that the particular Sender can send the parcel to Parcify, or

– ticked the box of Parcify at the website or app of a partner so that the particular partner can send the parcel to Parcify; or

  1. b) in the event of a retour sending: the picking-up and delivering of a Parcel at your location of preference and the sending to the retour address, once you filled in the retour address.

1.3.      Parcify’s online-platform, its mobile application and its services are intended solely for persons who are 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 years or older.

1.4.      The contract between Parcify and the Receiver is formed at the time the Receiver confirms its instructions for the delivery or return of a Parcel in accordance with the procedure mentioned hereafter.

The Receiver hereby expressly requests Parcify to perform the Services as soon as possible after such confirmation. Since performance of the Services, at the express request of the Receiver will be initiated and performed before expiry of the period provided by law for withdrawing from the contract, there is no right of withdrawal.

1.5.      Parcify’s details in Belgium are:

Parcify N.V.

Kronenburgstraat 14-16, 2000 Antwerpen

Telephone number: +32 78 48 03 63

KBO number: 0635.738.988

For any questions with regard to Parcify’s Services, you can send an email to [info@parcify.com].

 

  1. Definitions

2.1.      The following definitions shall apply:

(1)        “Driver”: the person, using the Services, who picks up the Parcel with the Sender, or at the hub of Parcify, and delivers it to the Receiver, or, in the event of a retour, picks up the Parcel with the Receiver and delivers it to the Sender, or at the hub of Parcify;

(2)        “Fees”: the total fees due and payable to Parcify for the use of the Services and possible taxes;

(3)        “Force Majeure”: any unforeseen event which is beyond the reasonable control of the Parties or any foreseeable occurrence the consequences of which may not reasonably be avoided that arises after the date of signature of the Agreement and which prevents performance of the Agreement, in whole, or in part, by either Party;

(4)        “General Conditions”: these general terms and conditions for Receivers’ access to and use of Parcify’s Services;

(5)        “Intellectual Property Rights”: all intellectual, industrial and other property rights (irrespective of whether these are registered or not), including but not limited to copyrights, related rights, marks, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, patent applications, domain names, knowhow, as well as rights to databases, computer programs and semi-conductors;

(6)        “Parcel”: the Parcel sent by a specific Sender to a specific Receiver, and the Parcel returned;

(7)        “Parcify”: Parcify N.V. having its registered office at 2000, Kronenburgstraat 14-16, Antwerp, Belgium, and registered with the KBO under number 0635.738.988.

(8)        “Parcify App”: the mobile application that can be downloaded on the Platform;

(9)        “Parties”: Parcify and the Receiver;

(10)      “Platform”: the online-platform designed for the Services, accessible through www.parcify.com and managed by Parcify;

(11)      “Privacy Policy”: the privacy policy of Parcify ([Privacy Policy]);

(12)      “Receiver”: the person receiving or returning the Parcel using the Services;

(13)      “Sender”: the person sending the Parcel to Parcify upon the instructions of the Receiver;

(14)      “Services”: the pick-up or return and delivery of Parcels facilitated by means of the Platform and the Parcify App;

(15)      “Users”: the Drivers and Receivers;

(16)      “User Account”: an account created on the Platform or on the Parcify App for using the Services, accessible by a personal login and password.

 

  1. General Directives for Use of the Services

3.1.      The General Conditions govern the relationship between each Receiver and Parcify.

3.2.      By using the Services, you agree to:

  1. a) comply with the General Conditions;
  2. b) abstain from acting in a manner that interferes with the other Users’ use of the Services or impacts on the security of the Platform or the Parcify App;
  3. c) abstain from uploading computer viruses and/or malware to the Platform or the Parcify App;
  4. d) abstain from using or trying to use the User account of other Users;
  5. e) entitle Parcify to receive a Parcel from the Sender for your account.

3.3.      The General Conditions and the Privacy Policy are the entire agreement between the Parties. They replace and annul any prior written or oral understanding, agreement, offer, correspondence or proposal made between the Parties.

3.4.      The use of the Services is subject to the General Conditions and the Privacy Policy in effect at the time you use the Services.

Parcify may amend the General Conditions from time to time.  If Parcify makes material changes to the General Conditions or the Privacy Policy, it shall post an announcement on the Platform with information on these changes and on the date as from which these changes are applicable.

You are bound by any such changes of the General Conditions as soon as you use the Services after the date such changes have been posted on the Platform.

 

  1. Specific Directives for Use of the Services
  2. a) General

4.1.      If you allow Parcify to share your location data with the Drivers, Parcify shall do so only to the extent and as long as this is necessary for the delivery or respectively picking-up of a Parcel.

4.2.      You certify that any data you provide to Parcify (i) are accurate, (ii) do not contain trademarks, logo’s or other elements that are protected by Intellectual Property Rights or personal rights (e.g. image rights) of third parties, and (iii) are not in any way contrary to accepted principles of morality or to public policy.  You will indemnify Parcify from any claims by third parties as a result of any violation of this clause.

4.3.      You may inform Parcify (i) that you are not willing to share your location data with Parcify; in that case you should clearly designate the location of delivery of your Parcel, or (ii) that you only agree to share your location data with Parcify when you are opening the Parcify App.

  1. b) Receiver’s access to the Services

4.4.      You must have a User Account to have access to the Services.

A User Account may be created in your language of preference (Dutch, French or English) as follows:

(a) you download the Parcify App through your mobile device; Parcify may inquire at that time whether you allow it to send you push messages (see section 7);

(b) you log on either through your Facebook account or with your email address;

(c) you provide Parcify your first name and family name, your e-mail address and your mobile phone number;

(d) you expressly agree to the General Conditions by clicking on the box “I herewith explicitly confirm that I have read and agreed to Parcify’s General Conditions” at the end of the General Conditions, and to the Privacy Policy by clicking on the box “I herewith explicitly confirm that I have read and agreed to Parcify’s Privacy Policy” at the end of the Privacy Policy.

  1. c) Receiving a Parcel

4.5.      You can use the Services to receive a Parcel upon receipt of an electronic message from Parcify informing you that it received a Parcel for you.

(a) you log on the Parcify App with your User Account;

(b) you make an appointment using the Parcify App by giving your instructions for delivering the Parcel (i) to your actual location at the time of delivery, or (ii) to another address, in which event you need to indicate the date and time frame for delivery of the Parcel;  in the event you opt for (b) you agree that receipt for the Parcel may be validly executed by the person met by the Driver at such address;  once you have entered your instructions, a screen pops up confirming these instructions;

(c) if your instructions are correct, you confirm them by clicking on the link “Confirmation”; by doing so, your instructions are considered final; you may however change or revoke your instructions until 60 (sixty) minutes before actual delivery of the Parcel;

(d) Parcify sends you an email confirming your instructions; you can access this confirmation at any time by clicking on the link “My Parcels”; you can also print this confirmation;

(f) Upon Parcify’s confirmation of your instructions, a Driver, upon signature of a receipt, shall deliver the Parcel to you or any other person at the place of delivery in accordance with your instructions.

(d) Returning a Parcel

4.6.      You can use the Services to return a Parcel to the Sender:

(a) you log on the Parcify App with your User Account;

(b) you make an appointment for the return of the Parcel to Sender using the Parcify App by giving your instructions for picking-up the Parcel (i) at your actual location at the time of delivery, or (ii) at another address, in which event you need to indicate the date and time frame for picking-up of the Parcel;  in the event you opt for (b) you agree that the Parcel may be validly picked-up by the Driver at such address;  once you have entered your instructions, a screen pops up confirming these instructions;

(c) if your instructions are correct, you confirm them by clicking on the link “Confirmation”; by doing so, your instructions are considered final; you may however change or revoke your instructions until 60 (sixty) minutes before actual picking-up of the Parcel;

(d) Parcify sends you an email confirming your instructions; you can access this confirmation at any time by clicking on the link “My Parcels”; you can also print this confirmation;

(f) Upon Parcify’s confirmation of your instructions, a Driver shall pick-up the Parcel and Parcify shall return it to Sender, all in accordance with your instructions.

(e) Uncompleted delivery or picking-up

In the event, absent any error or non-performance by Parcify and/or the relevant Driver, a delivery or picking-up by a Driver cannot be completed as a consequence of incorrect, incomplete information given by the Receiver or absence of any person willing to sign for receipt of the Parcel or to allow the Driver to pick-up a Parcel:

  • Parcify will without delay give notice of such non-completion;
  • the Receiver will pay the fees for the non-completed delivery or picking-up;
  • the Receiver shall give instruction for a second attempt to deliver or pick-up.

 

  1. Closing a User Account

5.1.      Parcify is entitled to close a User Account upon the following event:

– you unlawfully use the Services, the Platform or the Parcify App;

– you violate the General Conditions or the Parcify Privacy Policy;

– a serious dispute arises with you with regard to the Services;

– Parcify deems it necessary or useful to ensure the security of the Services, the Platform or the Parcify App, or to protect its interests or the interests of another User.

5.2.      In the event you notify Parcify of the loss or theft of your personal login and password, or of any abuse or presumption of abuse of your personal login and password by a third party, Parcify will close your account.

5.3.      You may close your account whenever you want and for any reason whatsoever.

 

  1. Unavailability of the Platform or the Parcify App

6.1.      Parcify may at its sole discretion suspend the Services for maintenance, adjustments of improvements thereof; for such purpose the content of the Platform or the Parcify App, including all links, may at any time be taken offline, in total or in part, without prior announcement or notification.

6.2.      Parcify reserves the right to modify the Platform, the Parcify App, personal logins and security measures, for instance when this is required as a result of general technical or security improvements, or if this is required by new laws or regulations.

 

  1. Parcify’s tasks

7.1.      For the proper functioning of the Services, Parcify shall:

(a) allow you to set up a User Account and User Profile associated with your email address and a phone number for interaction with other Users on the Platform or the Parcify App;

(b) at any time use best efforts to secure the proper functioning of the Services, the Platform or the Parcify App. Parcify;

(c) send you push messages in the context of direct marketing (i.e. the communication by whatever means of any advertising or marketing material which is directed to particular individuals), with regard to specials and new features of the Platform or the Parcify App, or with regard to notifications on topics that may be of interest to you (such as events and the like near your location);

(d) monitor and research the effectiveness of the Services, the Platform or the other Users;

(d) make reasonable efforts to improve the content of the Platform and the Parcify App;

(f) make reasonable efforts to adapt the Platform and the Parcify App to the needs of the Receivers;

(g) make reasonable efforts to develop new tools for the Platform and the Parcify App.

7.2.      Parcify shall provide the Services in accordance with best practices and with the care one may reasonably expect from a professional, and shall take the measures required to secure the integrity of the content of the Parcels it handles.

 

  1. Sharing information

8.1.      You agree that:

(a) Parcify always shares on the Platform:

  • your User name;
  • your zip code;

(b) in case you wish to use the Services, Parcify shares on the Platform:

  • the (desired) date and time for the delivery, or in the event of a retour, for the picking-up, of a Parcel;
  • the nature of the goods contained in the Parcel, and whether these are fragile;
  • the (desired) date and time for the delivery or pick-up of the Parcel;

(c) As required on the indicated date and time, Parcify shares with the relevant Driver:

  • your name and first name;
  • your phone number;
  • your profile image;
  • // the size and weight of the Parcel; // and
  • the address of delivery (or picking-up) or, as the case may be, your location data.

 

  1. Payment

9.1.      You acknowledge that Fees are due for the Services and that they must be paid before the delivery or picking-up of the Parcel.

9.2.      You are to pay the Fees through the website or the Parcify App with a credit card, iDeal or Bancontact.

The payments are certified by Parcify’s payment provider, Adyen.

With a single click, you will be redirected to the platform of Adyen, where your financial data are securely processed. The result is sent to Parcify in real time.

Your financial data are invisible to Parcify. With regard to the payment of the Fees, Parcify only registers the data required for processing the instructions of the Receiver.

 

  1. Confidentiality

10.1.    Parcify, in accordance with its Privacy Policy, will treat all data received from any User on a confidential basis.

10.2.    You shall abstain from using or disclosing to others, any information about other Users you might obtain by using the Services.

 

  1. 11. Intellectual Property Rights

11.1.    You explicitly acknowledge (i) that all Intellectual Property Rights in the Platform or the Parcify App, and in the software included in or associated with the Platform or the Parcify App, belong to Parcify or a third party with which Parcify has entered into an agreement, and (ii) that you do not obtain any Intellectual Property Rights under the present agreement or aqs a result of the use of the Services.

11.2.    You will always respect Parcify’s Intellectual Property Rights and use reasonable efforts to protect these rights. You undertake to inform Parcify immediately of any infringement by a third party of Parcify’s Intellectual Property Rights of which you become aware.

11.3.    To the best of Parcify’s knowledge, the Platform and the Parcify App do not infringe the Intellectual Property Rights of any third parties.

11.4.    In case a third party would pretend that the Services, the Platform or the Parcify App do infringe its rights, or initiates legal proceedings against Parcify or any Users on that basis, Parcify has the right to decide in a discretionary manner either (i) to challenge those allegations or claims, or (ii) to adapt the Services, the Platform and the Parcify App so that they no longer infringe the rights of that third party.

 

  1. 12. Privacy Policy

You acknowledge the existence of the Privacy Policy [Privacy Policy]. You agree with such Privacy Policy and expressly undertake to comply therewith. (See section 4.4(d)).

 

  1. 13. Liability

13.1.    Parcify will perform the Services with professional due care and use best efforts the make its Services continuously available. The liability of Parcify for any damage to, or loss of any Parcel, unless in the event of its willful misconduct or intentional action, is limited to the actual value of the Parcel contained without exceeding the maximum liability which Parcify might incur in accordance with the Geneva Convention of May 19, 1956 (CMR) on the basis of the weight of the Parcel.

13.2.    Parcify can in no event be held liable for any indirect damage.

13.3.    If any delay in the Services has caused damages, Parcify’s liability is limited to the reimbursement of the amount of the fees paid by you for the related Services.

13.4.    If, in the absence of any inadequate or incorrect use or implementation of the Services by you as Receiver or by any third party, the malfunctioning or temporary or permanent unavailability of the Platform or the Parcify App, or any defects therein, have caused damages, Parcify’s liability is limited to the lesser of (i) the amount of the fees paid for the related Services, or (ii) an amount of 500 euro.

13.5.    Parcify cannot be held liable for any data or material that you or any other party uploads on the Platform or the Parcify App in violation of the applicable rules.

13.6.    Parcify cannot be held liable at any circumstances for the content of your Parcel.

13.7.    Parcify, once it has duly performed the requested Services for the retour of a Parcel, cannot be held liable for belated retour to the Sender.

13.8.    Parcify cannot be held liable for the loss or theft of your personal login and password, or of any abuse or presumption of abuse of your personal login and password by a third party.  Parcify is entitled to assume that any information or content you provide on the Platform or the Parcify App comes directly from you and is in conformity with your wishes, except when you have informed Parcify of the loss, theft or abuse of your personal login and password.

13.9.    Except in case of willful misconduct, Parcify can in no event not be held liable for consequential damages, loss of profit, business interruption, loss of data, damage to data or programs on the Platform, increased operating expenses, damage to your equipment data or your software.

13.10.  The Receiver is liable for any damage caused to Parcify or any other User or third party by its non-compliance with the General Conditions or Privacy Policy and current legislation, or by any unauthorized use of the Services on its Account.

 

  1. Force Majeure

Upon any event of Force Majeure Parcify will be released from its undertakings under section 7 for the duration of such event, and the Receiver will not be entitled to any indemnification for such delay.

 

  1. Complaints – Disputes

15.1.    All complaints with regard to the Services should be sent to Parcify by a registered letter within eight (8) business days from the agreed date of delivery or pick-up of the relevant Parcel.  Absent timely complaint you are deemed to have no complaints with regard to the Services and/or to have waived any complaint.

15.2.    Each complaint receives a reference number that will be notified to you. You need to mention this reference number in further correspondence with Parcify.

15.3.    Before instituting a procedure before the courts, the parties will, however,

– first attempt to negotiate in good faith in order to reach an amicable settlement;

– if such negotiations fail the Receiver may appeal to the ombudsman of the postal sector: Koningsstraat 97 bus 15, 1000 Brussel, tel. 02 221 02 20.

Upon unsuccessful completion of the procedure before the ombudsman either party may initiate court proceedings.

 

  1. Applicable law and Jurisdiction

16.1.    The validity, interpretation, and implementation of the General Conditions shall be governed by Belgian law.

16.2.    All disputes with respect to the Services shall, subject to clause 15, be submitted to the competent courts of Antwerp (Antwerp Division), Belgium.

 

  1. Questions or Concerns

17.1.    You may send a detailed message to [questions@Parcify.com] for any questions or concerns you may have with regard to using the Services. We will make every effort to resolve your concerns.

17.2.    All complaints with regard to other Users may be sent by email to [complaints@parcify.com].

I herewith explicitly confirm that I have read and agreed to Parcify’s General Conditions