1. Scope and Definitions
1.1. These Terms, including the Preamble, fully regulate the use of Voypost by Users. Users’ Terms and Conditions shall only apply if expressly accepted by Voypost in writing. These Terms do not regulate the relationship between Senders and Travelers.
1.2. Unless otherwise specified, provisions of these Terms apply to all Users, irrespective of whether they qualify as Senders or Travelers. Specific provisions applicable to Senders or Travelers are specified in the respective Terms and Conditions.
1.3. In order to use the Platform, Users declare to be at least 18 years old and in any case adults pursuant to the legislation applicable to them.
1.4. For the purposes of these Terms the following definitions shall apply:
2. Platform Features and Registration
2.1 All transactions between Senders and Travelers are processed via the Platform. Payments due by Senders to Travelers are done to Voypost and forwarded to the relevant Traveler according to the conditions set forth in the Special Terms and Conditions for Travelers and for Senders.
2.2 In no way Users may use the Platform to carry out a remunerated transport activity or to make profit. Transport activity is a regulated and reserved for licensed professionals. Users agree that the Delivery Fee that may be collected by Travelers through the Delivery Services is only a contribution towards their travel expenses.
2.3 In order to offer or purchase Delivery Services, Users must register to the Platform providing the following personal data and information: name, last name, date of birth, e-mail address, password and may specify their preferred language(s). Further data including a telephone number and/or information may be required when publishing a Delivery Service offer or request, as the case may be. Incomplete registration will not be validated.
2.4 After clicking on the “sign up” button, Users shall receive an automated e-mail containing a confirmation link. The registration process is completed when Users visit such link.
2.5 To promote safety and transparency and always within the purposes of these Terms and Conditions, Voypost may always require additional verifications of the information or data provided by Users, such as an identity or phone number verification.
3.1 While registration on the Platform is free of charge, a Service Fee is charged on Senders whenever they close a contract with a Traveller over Delivery Services via the Platform.
3.2 Fees are due as soon as the Sender accepts the offer of a Traveller in the way described in the Specific Terms and Conditions for Senders further down.
3.3 Senders acknowledge and accept that Voypost is not involved in the provision of Delivery Services, which are regulated activities, but merely provides an infrastructure to allow Senders and Travelers to close contracts over Delivery Services. Therefore, Service Fees shall be due and payable whenever such contracts are closed, regardless of their correct performance. Improper, inaccurate or otherwise faulty performance of the contract by Travelers does not entitle Senders to a refund of Service Fees. Voypost shall not be liable.
RIGHT OF WITHDRAWAL
CONSEQUENCES OF WITHDRAWAL
4.2 If Users withdraw from this contract, Voypost shall refund all payments received without undue delay and not later than 14 days of the day of receipt of the withdrawal notice. Refunds shall be credited to the same payment method chosen for the transaction, unless otherwise agreed. In case Users have expressly required services to be performed during the withdrawal period, they shall pay an equitable and proportionate remuneration for the part of services delivered until the moment the withdrawal notice has been received.
4.3 In addition, Users are expressly informed and agree that if they make a connection within 14 days of their registration, the Delivery Service will have been provided to them. The Delivery Service will have been fully executed before the end of the withdrawal period. In this case, they expressly waive their right of withdrawal, which can’t be exercised, in accordance with Article L.221-28 of the French Consumer Code.
However, Users have the possibility to cancel their Delivery Service.
5. Platform rules
5.1 Users commit to use Voypost in full compliance with all applicable regulations and in particular refrain from undertaking, pursuing or facilitating any illicit, criminal or abusive activity over the Platform.
Therefore, it is strictly forbidden to use the Delivery Service to transport or buy goods that are, without this list being exhaustive:
5.2 When offering or requesting Delivery Services, Users commit to provide truthful, complete, accurate and always updated information.
5.3 Users accept to observe an appropriate, respectful and honest way of communicating when publishing or sharing information or messages over the Platform. Abusive, harassing, misleading or illegal content shall be deleted immediately and, as the case may be, reported to the competent authorities.
6.1 Users may publish a feedback of the Delivery Service purchased or sold within 7 days after they have been fully delivered, i.e. after the Sender has confirmed delivery and no controversy has arisen.
6.2 The feedback system is double-blind, i.e. it won’t be visible until both the Sender and the Traveler provide a feedback for each other. If only one party submits feedback, it will be visible after the time period described in 6.1 . Once published, the other party won’t have the opportunity to submit feedback.
7. Forbidden Use
7.1 The Platform may be used only for the purposes it is intended for, as described in the aforegoing sections. In particular, Users may not
7.2 In case of suspect that any forbidden use in the above-mentioned meaning is taking place, and whenever User behaviour could impair Voypost’s legitimate interests, Voypost may, at its own discretion, suspend or delete User accounts or Delivery Service offers or requests without prior notice. Voypost reserves the right to claim damages resulting from such forbidden use to full extent.
8. Forbidden content
8.1 User profiles and Delivery Service descriptions must be accurate, truthful and always up to date.
8.2 Users are solely liable for all content they upload to and/or publish on the Platform. This in particular applies to all information, data, and material uploaded to their personal accounts and/or profiles.
8.3 Users may not publish any misleading or abusive content, or any content not related to the purposes the Platform is intended for.
8.4 In particular Users may not
8.5 Voypost expressly reserves the right to prevent publication of, suspend or delete any content in breach of the afore-mentioned provisions at its sole discretion. The User acknowledges and accepts that Voypost might have a legal duty to report such infringing content to the competent authority.
8.6 Voypost furthermore reserves the right to claim damages resulting from such infringing content to full extent.
9. Password safety and duty to cooperate
9.1 It is the User’s responsibility to treat access credentials to the Platform with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons.
9.2 The User will be held responsible for any usage of his or her password username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him or her and that the cause of any such access attained does not lie within his or her sphere of influence.
9.3 Should any event described at the afore-going section occur, the User shall inform Voypost without undue delay, providing support and all information in order to enable effective countermeasures.
9.4 Whenever an unauthorised use of access credentials has taken place or is likely to take place, Voypost reserves the right to immediately suspend and/or delete the affected User account at its own discretion, as well as to claim damages resulting thereof to full extent.
10. Intellectual Property
10.1 All Platform content (hereinafter “Voypost Content”), such as designs, logos, texts, trade names, information, software, database, etc. protected under copyrights, trademark rights or other intellectual property rights, is Voypost’s exclusive property.
10.2 Users acknowledge and accept that they are granted a license to use such content only for the purposes and within the scopes of the contract closed with Voypost.
10.3 In particular, Users may not sell, copy, transfer, disseminate, modify, alter, emulate or exploit Voypost Content in any way not expressly authorised by these Terms or resulting from the correct use of the Platform.
11. Limitation of Liability
11.1 Users acknowledge and accept that Voypost is not part to any agreement or contract closed between Senders and Traveler. In particular, Voypost only provides a technical infrastructure to allow the matching between the offer and demand of Delivery Services and does not intermediate actively, moderate or intervene in the relationship between Users. Voypost therefore does not bear any liability for the performance of any agreement, contract or transaction stipulated between Users.
11.2 Voypost encourages Senders and Travelers to meet in public places for the handover of the items to be transported.
11.3 Voypost undertakes to make available the Platform observing the highest possible quality and diligence standards. However, in case of force majeure, including but not limited to temporary interruptions of service due to technical problems, Voypost shall bear no liability.
11.4 In particular, Voypost does not guarantee that the Platform is suitable and appropriate for the personal purposes intended by each User.
11.5 Furthermore, Voypost shall not be liable for damages of any kind occurring due to an improper or abusive use of the Platform by the User, including but not limited to any infringement of these Terms, and reserves all right to compensation resulting thereof.
12.1 Users commit to hold Voypost harmless against any claim asserted by third parties in connection with such Users’ use of the Platform.
11.2 This applies also to claims asserted by Users or third parties against Voypost due to inaccurate or false information uploaded or published on the Platform by other Users.
13.1 Voypost reserves the right to modify these Terms at its own discretion. In case of amendments, Voypost shall inform its Users via email giving them a reasonable notice period to accept the new Terms tacitly, or to object to them. In case the User chooses to object, Voypost reserves the right to delete or suspend the User’s account on Voypost.
13.3 Voypost furthermore reserves the right to immediately delete or suspend the User accounts in case a breach of these Terms has taken place or is likely to take place or in case the User’s behaviour is likely to impair Voypost’s legitimate interests. In all cases, Voypost reserves the right to claim damages against the User to the full extent.
13.4 Should any of the provisions of these Terms be deemed invalid or unenforceable, the remaining provisions shall stay unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision coming closest in terms of meaning and scope.
Users benefit from an insurance taken out by Voypost on their behalf ("Insurance") with Marsh SA, having its registered office at Avenue Herrmann-Debroux 2, 1160 Brussels, Belgium, registered R.C. de Bruxelles under n° 770 and VAT n° 0403.276.906, registered insurance and reinsurance broker at the FSMA under n° 14.192 A-R, in cooperation with Sompo Japan Nipponkoa Martin & Boulart SAS, having its registered office at Immeuble "Grand Angle", Avenue Perié, 33520 Bruges, France, registered in the Bordeaux RCS under n° B 349 339 317 and VAT n° FR 87 349 339 317, registered insurance intermediary at ORIAS n° 07 005 421.
The Insurance intends to cover the damages incurred by the goods during the Delivery Services, provided that they are accidental damages (the simple disappearance of the goods is thus not covered by the Insurance).
Details of coverages, indemnification, deductibles and exclusions are set out in the information notice attached to this document (Appendix 2).
In the event of accidental damages incurred by goods, the Traveller and/or the Sender shall follow the instructions set out in Appendix 2.
15. Applicable law and Arbitration procedure
15.1 These Terms shall be regulated by French law.
15.2 This clause constitutes an arbitration agreement between Users in accordance with Article 1442 of the French Code of civil procedure.
Voypost allows Users to exchange on the Claim, to submit their arguments, by email, asking Voypost to intervene and make a decision.
Voypost reserves the right to claim from any User concerned by the claim any additional document allowing him to make a decision. Voypost will appoint a natural person from among its members to act as arbitrator and render its decision within fifteen (15) days.
The Users concerned and Voypost, as arbitrator, shall act promptly and fairly during the procedure.
Subject to legal obligations, arbitration procedure are confidential.
15.3 The purpose of the arbitrator's decision is a compromise acceptable to all Users: the decision will be based on fairness. The decision is rendered as an amiable composer, in accordance with articles 1478 of the French Code of Civil Procedure.
Voypost will notify each User concerned of the decision taken by the arbitrator and will make payments via transfers of amounts.
Any User wishing to use the Amicable Resolution Procedure acknowledges that the decision will be binding on him and that he will accept the content.
In accordance with EU Regulation n°524/2013, any User may also use the European online dispute resolution platform, at any time: webgate.ec.europa.eu.
Regarding Amicable Resolution Procedure, Voypost is bound by an obligation of means. Voypost cannot guarantee that any claim will result in an amicable resolution. Voypost shall not be liable.
16. Legal notices
The Platform is operated by Mykyta SVYRYDENKO, individual company registered with the Companies Register of Lyon under SIREN number 833.252.646 (VAT number: FR50833252646), with its registered office at 45, rue Eugène Pons, 69004 Lyon (France), represented by its manager, Mykyta SVYRYDENKO, Platform Publication Director.
The Platform is hosted on the Online SAS servers.
Contact e-mail: email@example.com.
Specific Terms and Conditions for Senders
1.2 Sender are natural persons wishing to send a parcel to a specific recipient, natural persons, at a defined destination or to receive one. Over Voypost they can publish a Delivery Service request and find a Traveler available to provide the Delivery Service.
2. Requesting Delivery Services
2.1 Senders may publish a request for Delivery Services by clicking on the “Order Delivery” button or activating any other facility provided for this purpose. Then they have to provide the information required, including a description and a photo of the goods to be transported, dimensions, weight, value, and indicate pick-up location, destination, the timeframe for pick-up and delivery and the price they are willing to pay for the Delivery Service and select additional options, if available.
2.2 Senders may also request “Purchase and Delivery Service” to Travelers. In such cases, Travelers will be asked to purchase a specific item and to deliver it to the requesting Sender. Whenever publishing such kind of request, Senders acknowledge and accept that it is entirely their responsibility to give Travelers all relevant information to allow a correct and accurate purchase.
2.3 Senders must provide the above-mentioned information in a truthful, accurate and complete manner, taking the utmost care in mentioning possible peculiarities of the item to be (purchased and) delivered.
2.4 The publishing of Delivery Service requests constitutes a non-binding invitation to Travelers to submit a binding Delivery Services offer. By confirming any such offer, Senders close a contract with the relevant Traveler and agree to pay all prices and other fees convened with such Traveler, as specified below.
3. Purchasing Delivery Services, Payments
3.1 Where Senders find an unbinding Delivery Service offer published by a Traveler, that matches their needs, they may submit an offer to purchase such Delivery Service. Unless otherwise specified, the offer to purchase is binding. The contract is closed when the Traveler accepts the offer.
3.2 By accepting a Delivery Service offer, Senders agree to pay the price required, the cost of the item - if applicable, and the Service Fee. All payments must be made to Voypost. Voypost shall transfer the price of Delivery Services and, as the case may be, the price of the item to the Traveler and only once the Delivery Service has been fully performed and no controversy has arisen between Sender and Traveler.
3.3 Senders acknowledge and accept that all Delivery Services available on Voypost are offered, sold and performed by the respective Traveler. In no case shall Voypost be deemed liable for Delivery Services available on the Platform. Senders are therefore invited to check carefully all information provided by Travelers in connection with their offers.
3.4 Any of the parties may cancel the Delivery Service request or offer, respectively, until the departure time indicated by the Traveler in the related Delivery Service offer. If the contract of Delivery Services was not closed until the departure time, then the Delivery Service request/offer gets canceled automatically. In any of these cases, once the Delivery Service order/offer gets canceled, a potential Sender's payment shall be refunded and no further payments shall be due to Voypost or the Traveler.
3.5 The Sender undertake not to close the parcel before the Traveler has been able to make sure of the lawfulness of the good and its conformity with these conditions.
3.6 The Sender must provide the Traveler with the means to transport the good safely. The Sender is solely liable for the chosen packaging. The Traveler shall not be liable if the parcel is inadequate to transport the good safely.
3.7 Either one of the parties can request a cancellation after the contract of a Delivery Service is closed. In order to reach an effective cancellation, the other party has to agree. In this case the whole amount minus the Service Fee will be refunded. If the other party does not react to the cancellation request, the contract gets cancelled automatically 7 days after the Traveler arrival time.
3.8 Once the Traveler has arrived, the Sender has a time frame of seven days to confirm the receipt. If he doesn’t do so and no controversies have arisen, the contract becomes automatically cancelled after those 7 days and the whole amount minus the Service Fee will be refunded.
4.2 Service Fees are expressed as percentages of the Delivery Value. The Delivery Value is defined as the sum of:
In case the Delivery Value is not greater than EUR 10 / RUB 750 / USD 10 the Service Fee shall equal 20% of the Delivery Value.
In case the Delivery Value is greater than EUR 10 / RUB 750 / USD 10 the Service Fee shall equal 5% of the Delivery Value.
5. Payments managed over Voypost
All payments due to Travelers in connection with Delivery Services are collected by Voypost and forwarded to the relevant Traveler as soon as the Sender has confirmed the correct delivery of the parcel.
6. Forbidden goods
6.1 Senders acknowledge and accept that they may not request the delivery of parcels containing illegal, dangerous or otherwise unsuitable items including, but not limited to, chemicals, dangerous or explosive materials or liquids, counterfeit goods, currency, stolen goods, illegal drugs, biologic material, weapons, animals (living or dead), inflammable material, knives or any sort of comparable blades, perishable goods.
6.2. Senders moreover declare if their parcel contains any goods subject to customs (such as, for instance, alcohol) and commit to bear all costs and all legal consequences of the transportation thereof. Customs shall be added to the Delivery Fee and paid in advance by Senders.
Specific Terms and Conditions for Travelers
1.2 Travelers are natural persons providing Delivery Services on demand by Senders. Over Voypost they can view Delivery Service request published by Senders and confirm them, whenever they’re able to provide the Delivery Service requested.
2. Offering Delivery Services, Payments
2.1 Travelers publish a Delivery Services offer by clicking on the button “Add your trip” or activating any other facility provided for this purpose. Travelers must specify departure and arrival place and time, means of transportation, available baggage space and weight.
2.2 Travelers must provide the above-mentioned information in a truthful, accurate and complete manner, taking the utmost care in mentioning possible peculiarities of the planned trip or means of transportation.
2.3 The publishing of Delivery Service offers constitutes a non-binding invitation to Senders to submit a binding Delivery Services request. By confirming any such request, Travelers close a contract with the relevant Sender and agree to transport and deliver the goods against payment of the price agreed and, if the agreed delivery option is Purchase and Delivery Service (according to 2.2 of the TCS), to buy the goods at their expense.
2.4 Travelers acknowledge and accept that all financial transactions shall be made to Voypost and that any payment due to Travelers shall be forwarded to such Travelers by Voypost only once the Delivery Services have been fully performed and no controversy has arisen or all controversies have been settled.
2.5 Any of the parties may cancel the Delivery Service request or offer, respectively, until the departure time indicated by the Traveler in the related Delivery Service offer. If the contract of Delivery Services was not closed until the departure time, then the Delivery Service request/offer gets canceled automatically.
2.6 Either one of the parties can request a cancellation after the contract of a Delivery Service is closed. In order to reach an effective cancellation, the other party has to agree. In this case the whole amount minus the Service Fee will be refunded. If the other party does not react to the cancellation request, the contract gets cancelled automatically 7 days after the Traveler arrival time.
2.7 The Traveler must report to the place, date and time agreed with the Sender for the purpose of handing over the goods.
2.8 The Traveler must verify and ensure that the goods transported or purchased is lawful, in accordance with these General and Specific Terms and Conditions and in accordance with what was agreed with the Sender. Otherwise, the Traveler must refuse to transport or buy the goods.
2.9 The Traveler is liable for the goods until delivery to the recipient. The Traveler must ensure the safety and good preservation of the goods during the Delivery Services.
2.10 The Traveler must carry out the necessary formalities and declarations, in particular the customs formalities. The Traveler undertakes to advance the additional costs, including any customs duties, necessary for the Delivery Services. Voypost shall not take part in the refund of such expenses nor in the examination of any supporting documents.
Once the Traveler has arrived, the Sender has a time frame of seven days to confirm the receipt. If he doesn’t do so and no controversies have arisen, the contract becomes automatically cancelled after those 7 days and the whole amount minus the Service Fee will be refunded.
2.11 Provided all conditions for payment are met, Voypost shall transfer the payment due to Travelers within 3 business days after the Traveler has chosen a payout method and requested the payout.
2.12 The parties acknowledge and agree that under no circumstances shall any provision under these Terms constitute an employment between Voypost and the Traveler. In no way the Traveler can use the Delivery Service to exercize a paid transport activity or to make profit.
3. Selling Delivery Services
3.1 Where Travelers find a Delivery Service request published by a Sender, that they are able to fulfil, they may submit an offer to sell such Delivery Service. Unless otherwise specified, such offer to sell is binding. The contract is closed when the Sender accepts the offer.
3.2 The preceding section applies mutatis mutandis.
4.1 Travelers acknowledge and accept that they are solely and fully liable for the Delivery Services offered over Voypost and for the contracts over Delivery Services closed via Voypost. In particular, Travelers commit to comply with all applicable regulation regarding the mandatory provision of information to Senders (such as, for instance, legal information about the natural person acting as Traveler, relevant contractual conditions, the existence of a withdrawal right - if applicable, etc.). In no case shall Voypost be held liable for the Delivery Services offered or performed by Travelers.
4.2 Travelers agree to maintain Voypost harmless with regards to any claim asserted by Senders or third parties against Voypost due to or in connection with a Delivery Service offered by Travelers over the Platform.
4.3 Travelers do not accept any forbidden good as specified at art. 6 (“Forbidden Goods") of the TCS for delivery.
45, rue Eugène Pons
I/We hereby give notice that I/we withdraw from my/our contract for the provision of the following service:
(insert a description of the services that are subject to withdrawal).
(insert the date)
Name of consumer(s):
Address of consumer(s):
(sign if this form is notified on paper)
All kinds of goods and/or merchandise belonging to the business of Voypost, per Voypost’s Terms and Conditions namely but not limited to apparels, textile goods, books, DVD’s, cosmetics, fancy jewellery, software’s, toys, video products, etc.
Species, share and/or bonds and/or securities, fine arts, collected items, alcohol’s and spirituous, Tobacco products, are excluded.
100% Sompo Japan Nipponkoa Martin Boulart SAS.
The general and special conditions are available by clicking on the following link:
Voypost, its representatives and all beneficiaries of the insurance must, right upon the arrival of the cargo at the place of destination of the insured voyage:
Marsh Marine Practice
+32 3 286 63 04
Attn. Mrs Anja Deckers: firstname.lastname@example.org