Terms and Conditions of Super Parcel Track

Definitions

1. Super Parcel Track: Super Parcel Track, located at 777# Zhongguanxilu Zhenhai Ningbo, 315201, China under Chamber of Commerce No. 91330211MABUUCYD32.

2. Customer: the person with whom Super Parcel Track has entered into an agreement.

3. Parties: Super Parcel Track and customer together.

4. Consumer: a customer who is also an individual and who acts as a private person.

 

Applicability of General Terms and Conditions

1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Super Parcel Track.

2. Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.

3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

 

Prices

  1. All prices used by Super Parcel Track are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.

2. All prices applied by Super Parcel Track for its services, on its website or otherwise made known, Super Parcel Track may change at any time.

3. Super Parcel Track offers services on a "no cure no pay" basis.

4. In the case of no cure no pay, the payment obligation for the customer arises at the time the agreed result is achieved.

 

Payments and term of payment

1. Super Parcel Track may require a deposit of up to 50% of the agreed amount when entering into the agreement.

2. The customer must have made subsequent payments within 14 days of delivery.

3. Payment deadlines are considered to be final payment deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment period, he will be in default by operation of law, without Super Parcel Track having to send a reminder or give notice of default.

4. Super Parcel Track reserves the right to make a delivery subject to immediate payment or to require security for the total amount of the services or products.

 

 Consequences of late payment

1. If the customer does not pay within the agreed period, Super Parcel Track is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month will be counted as a whole month.

2. When the customer is in default, he will also owe extrajudicial collection costs and any damages to Super Parcel Track.

3. The collection costs will be calculated in accordance with the Decree on compensation for extrajudicial collection costs.

4. If the customer fails to pay on time, Super Parcel Track may suspend its obligations until the customer has fulfilled his payment obligation.

5. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Super Parcel Track on the customer are immediately due and payable.

6. If the customer refuses to cooperate in the execution of the agreement by Super Parcel Track, he is still obliged to pay the agreed price to Super Parcel Track.

 

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

 

Set-off

Unless the customer is a consumer, the customer waives its right to set off a debt owed to Super Parcel Track against a claim against Super Parcel Track.

 

Insurance

1. The customer undertakes to adequately insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:

items delivered which are necessary for the execution of the underlying agreement items of Super Parcel Track present at the customer's premises

Goods delivered under retention of title

2. At the first request of Super Parcel Track, the customer will provide the policy of these insurances for inspection.

 

Warranty

When parties have entered into an agreement with a service character, it contains for Super Parcel Track only an effort obligation and therefore no result obligation.

 

Execution of the agreement

1. Super Parcel Track shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship.

2. Super Parcel Track shall be entitled to have the agreed services performed (in part) by third parties.

3. The execution of the agreement will take place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4. It is the responsibility of the customer that Super Parcel Track is able to commence the execution of the agreement in a timely manner.

5. If the Customer has not ensured that Super Parcel Track can commence the execution of the agreement in a timely manner, the resulting additional costs and/or additional hours will be borne by the Customer.

 

Provision of information by the customer

1. The customer shall make all information, data and documents relevant to the proper execution of the agreement available to Super Parcel Track in a timely manner and in the desired form and manner.

2. The customer warrants the accuracy, completeness and reliability of the information, data and documents provided, even if these come from third parties, unless the nature of the agreement provides otherwise.

3. If and to the extent requested by the customer, Super Parcel Track will return the relevant documents.

4. If the customer does not provide the information, data or documents reasonably required by Super Parcel Track, or does not provide them on time or adequately, and the execution of the agreement is delayed as a result, the resulting additional costs and additional hours will be charged to the customer.

 

Duration of the agreement regarding a service

1. The agreement between Super Parcel Track and the customer regarding a service or services is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if parties have expressly agreed otherwise in writing.

2. If an agreement is entered into for a definite period, then after the expiry of the term it will be tacitly converted into an agreement for an indefinite period, unless 1 of the parties terminates the agreement subject to a notice period of 2 months, or a consumer terminates the agreement subject to a notice period of 1 month, as a result of which the agreement ends by operation of law.

3. If within the duration of the contract the parties have agreed on a period for the completion of certain work, this is never a deadline. If this period is exceeded, the customer must give Super Parcel Track written notice of default.

 

Termination of the agreement for an indefinite period

1. The customer may terminate an agreement for an indefinite service at any time subject to

The customer may terminate an agreement for an indefinite period at any time, subject to a notice period of 2 months.

2. A consumer has the right to terminate an agreement for an indefinite service with observance of a notice period of 1 month.

 

Indemnification

The customer indemnifies Super Parcel Track against all claims from third parties related to the products and/or services provided by Super Parcel Track.

 

Complaints

1. The customer must examine a product or service provided by Super Parcel Track for any deficiencies as soon as possible.

2. If a delivered product or service does not comply with what the customer may reasonably expect from the agreement, the customer must inform Super Parcel Track as soon as possible, but in any case within 1 month after discovery of the shortcomings.

3. Consumers must notify Super Parcel Track no later than 2 months after the discovery of the shortcomings.

4. The customer must give as detailed a description as possible of the shortcoming, so that Super Parcel Track will be able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to work in progress, this may not in any event result in Super Parcel Track being held to perform work other than that agreed.

 

Notice of default

1. The Customer must give notice of default in writing to Super Parcel Track.

2. It is the responsibility of the customer that a notice of default actually reaches Super Parcel Track (on time).

 

Joint and several liability of the customer

If Super Parcel Track enters into an agreement with more than one customer, each of them shall be jointly and severally liable for the full amounts owed by them to Super Parcel Track pursuant to such agreement.

 

Liability of Super Parcel Track

1. Super Parcel Track shall only be liable for any damage suffered by the customer if and to the extent such damage is caused by intentional or wilful recklessness.

2. If Super Parcel Track is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.

3. Super Parcel Track is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damage to third parties.

4. If Super Parcel Track is liable, this liability is limited to the amount paid by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.

5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and apply only approximately and can not cause damage compensation and / or (partially) dissolution of the agreement and / or suspension of any obligation.

 

Expiry period

Any right of the customer to claim compensation from Super Parcel Track will in any event expire 12 months after the event from which the liability arose directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

 

 

Right of rescission

1. The customer is entitled to terminate the agreement if Super Parcel Track fails imputably in the fulfillment of its obligations, unless this failure, given its special nature or minor importance, does not justify the termination.

2. If the fulfilment of the obligations by Super Parcel Track is not permanently or temporarily impossible, dissolution can only take place after Super Parcel Track is in default.

3. Super Parcel Track shall be entitled to dissolve the agreement with the customer if the customer fails to fulfil his obligations under the agreement in full or on time, or if Super Parcel Track has knowledge of circumstances which give him good reason to fear that the customer will not be able to fulfil his obligations properly.

 

Force majeure

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Super Parcel Track in the fulfilment of any obligation towards the customer cannot be attributed to Super Parcel Track in a situation independent of the will of Super Parcel Track, as a result of which the fulfilment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfilment of its obligations cannot reasonably be required from Super Parcel Track.

2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.

3. If a force majeure situation arises that prevents Super Parcel Track from fulfilling 1 or more obligations to the customer, those obligations will be suspended until Super Parcel Track can again fulfill them.

4. From the moment a force majeure situation has lasted for at least 30 calendar days, either party may dissolve the agreement in writing in whole or in part.

5. Super Parcel Track shall not be liable for any compensation or damages in a force majeure situation, even if it enjoys any benefit as a result of the force majeure situation.

 

Modification of the agreement

1. If after the conclusion of the agreement for its implementation it appears necessary to amend or supplement its contents, parties shall timely and in mutual consultation amend the agreement accordingly.

2. The preceding paragraph shall not apply to products purchased in a physical store.

 

Amendment of general terms and conditions

1. Super Parcel Track is entitled to amend or supplement these general terms and conditions.

2. Amendments of minor importance may be made at any time.

3. Major changes to the content will be discussed with the customer in advance as much as possible.

4. Consumers are entitled to terminate the agreement in the event of a material change in the general terms and conditions.

 

Transfer of rights

1. Rights of the customer from an agreement between parties may not be transferred to third parties without the prior written consent of Super Parcel Track.

2. This provision is considered a clause with effect under property law as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.

 

Consequences of nullity or voidability

1. If one or more provisions of these general conditions prove to be void or voidable, this will not affect the other provisions of these conditions.

2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Super Parcel Track had in mind when drawing up the conditions on that point.

 

Applicable law and competent court

1. Any agreement between the parties shall be governed exclusively by Dutch law.

2. The Dutch court in the district where Super Parcel Track has its registered office / practice / office is exclusively competent to take cognizance of any disputes between parties, unless the law imperatively dictates otherwise.