General Terms and Conditions of MBE Stores
These Terms and Conditions regulate services of logistics (such as reception, packaging, delivery of parcels, storage) and shipping, by MBE Store/Stores which are run by independent entrepreneurs who operate under the Mail Boxes Etc./MBE brand as a result of a franchising contract with the franchisor MBE Poland sp. z o.o. with its registered seat in Warsaw.
Through its franchise network Mail Boxes Etc. provides support services for businesses and individual customers.
Logistics and shipping services represent the main services of MBE Stores and are enabled through contractual agreements concluded for the benefit of its franchisees with the main national and international express couriers .
Other services involving graphics and printing are provided either directly by the MBE Stores or on the basis of agreements with large printing Stores.
The promotion of services for business and private customers is carried out in the framework of the business activity of each MBE franchisee partner within and outside of the MBE Stores ("farming").
Mail Boxes Etc. and MBE are registered trademarks used with permission of MBE Worldwide S.p.A. registered in Milan (all rights reserved).
The services offered by the individual MBE Stores can vary depending upon the location.
These Terms and Conditions apply to customers who require services of the MBE Stores.
Terms used in these Terms and Conditions shall have the following meaning:
Terms and Conditions or T&C - the following provisions apply to services performed by MBE Stores and requested by the Customer.
MBE Store: store in Poland run by independent entrepreneurs who operate under the MBE brand as a result of an Individual Franchise Agreement with the franchisor MBE Poland sp. z o.o. with its registered seat in Warsaw, conducting their own business activity and offering the MBE Services.
Customer: businesses entities or individual persons who require the MBE Services.
Courier: a reputable available autonomous entrepreneur conducting shipping activity, indicated by the Customer among those available, responsible for Delivery of the Parcel from the Place of Origin to the Place of Delivery who operates under its own terms and conditions available on related Courier’s website and at the MBE Store.
Addressee: the natural person, legal person or organizational unit without legal status admitted with legal capacity, properly indicated by the Customer as the recipient of the Parcel.
Parcel: items packaged by the Customer or under request of the Customer to be packaged by the MBE Store, received by the MBE Store.
MBE Services: logistics (such as reception, packaging, commission for delivery of parcels, storage) and shipping activities, performed by the MBE Store, other than reserved postal services and not having a universal character, in the meaning of the Postal Act of 12 June 2003 (published Dz. U. of 2003. Nr.130 poz.1188, and mended).
Place of Origin: MBE Store.
Place of Delivery: the seat of Addressee or other location indicated by the Customer.
Pricelist: MBE Service fees disclosed to the Customer and available in each competent MBE Store.
Waybill: the form provided by the Courier which contains indication on the Parcel, the Customer, the Addressee, the Courier, the Place of Origin and the Place of Delivery, duly completed by the Customer or by the MBE Store on behalf of the Customer and under his direct request and instructions.
SOF/GSOF: Shipping Order Form (for occasional Customer) or General Shipping Order Form (for frequent Customers) containing all the information required to complete the Courier Waybill and evidencing the conclusion of the contract for the requested MBE Service, the signing of which, inter alia, confirms acceptance of the terms and conditions of the Courier services and liability.
§ 1 General provisions
- The Customer holds itself liable to release the Parcel to the MBE Store in condition which enable the proper compliance of the MBE Service and release of the Parcel to the Courier.
- The Customer undertakes to release duly packaged parcels, which due to their properties or content require packaging. The package should inter alia:
- be resistant, closed and secured with effective means, such as adhesive tape, seals or sealing wax,
- prevent access to content without leaving visible traces,
- be adequately described, if required by the properties or contents of the Parcel,
- not be such as cause damage to other Parcels in storage or transport.
- The Customer may request packaging to MBE Store, subjected to additional MBE Service fee disclosed in the Pricelist.
§ 2 Items excluded from MBE Service
- MBE Store does not accept for MBE Service dangerous items, non-compliant with the Courier’s terms and conditions, such as (the following non-exhaustive list is given as a sample):
- flammable and corrosive;
- works of art;
- items which require a separate license for carriage;
- money, checks and other securities to bearer;
- live animals;
- items which potentially could cause damage to persons or property or cause pollution or damage to other items;
- consignments referred to in Art. 45-47 of the Postal Law (public reserved services).
- MBE Store reserves the right to refuse the performance of MBE Services, particularly MBE Store may refuse to receive a shipment order either the parcel, informing the Customer immediately. Moreover, Parcels received by the MBE Store may be subject to the refusal of the Courier if do not comply with the Courier’s terms and conditions; the MBE Store will inform the Customer immediately.
§ 3 Examination and opening of the Parcel
- In case of justified circumstances that the Parcel may cause damage to other items or property of the MBE Store, this may ask the Customer to open the Parcel. In case this latter refuses to cooperate, the MBE Store may refuse to execute the required shipping service.
- In case of justified circumstances the MBE Store may give information to the competent public authority.
- The results of opening and examination of the content of a Parcel, shall be indicated in the Waybill.
§ 4 SOF/GSOF and Waybill
- The Customer shall exactly, precisely (without errors and mistakes), completely and legibly give instructions in the SOF/GSOF in order to complete, or give instruction to the MBE Store to fulfill the Waybill, providing the data specified in the form. The Customer bears responsibility for the data provided in the process of fulfilling the SOF/GSOF.
- By signing the SOF/GSOF the Customer confirms the validity of provided data, accepts the Courier’s Terms and conditions and these T&C.
- The original Waybill shall be given to the Customer; the first copy shall be retained by the MBE Store, the second copy by the Courier and the third copy by the Addressee.
§ 5 MBE Services fees and payments
- In order to receive the requested MBE Services, the Customer shall provide the due payment. All fees for MBE Services are specified in the Pricelist of the MBE Store. The MBE Store’s fee shall be paid at the time of receipt of the Parcel or of requesting the specific service.
- The MBE Store reserves the right to indicate individual period for payment to the Customer who is not a consumer within the meaning of applicable laws.
- In the event of delay in due payment, the Customer shall bear the statutory interests and costs arising, as specified in the Pricelist.
§ 6 Delivery of Parcels
- Courier’s terms and conditions must apply for matters regarding the delivery to the Place of Delivery or if the Parcel results undelivered.
§ 7 Lost, delayed and damaged Parcels
- If the Parcel has been damaged, lost or delayed, Courier’s terms and conditions must apply.
- In case of damaged, lost or delayed Parcels, the Customer undertakes to give immediate notice to the MBE Store of the occurred damage or of the unfulfilled service.
- Upon receipt of the above mentioned notice by the Customer, MBE Store shall file a claim to the competent Courier on behalf of the Customer and, upon request, shall provide information on the status of the claim process.
- MBE Store does not accept responsibility for the successful performance of the shipment of the Parcels made by the Courier or for delay, loss or damage of the Parcels and/or of their contents. In the event of any loss or damage to the said Parcels, the MBE Store will ensure, in the name and on behalf of the Customer, that the Courier is required to pay compensation if all the conditions of the shipment are met. The MBE Store accepts no responsibility for refusal of the Courier to pay damages and, in any case, will not be expected to pay compensation for any damage occurred to the Parcels released to the Courier on behalf of the Customer.
§ 8 Liability
- The MBE Store is liable only for damage or loss of the Parcel and/or of its content attributable to the MBE Store, occurred from the receipt of the Parcel from the Customer to the time of its release to the Courier (storage).
- In case of damaged, lost or delayed Parcels during the performance of the shipping activity by the Courier, specific provisions of the Courier’s terms and conditions must apply. In case the Customer requests to the MBE Store additional insurance service, under the fee specified in the Pricelist, liquidation of damages and compensation payments are exercised by authorized insurer.
§ 9 Pledge
- The MBE Store reserves the right of pledge on the stored Parcels, in order to secure claims arising by concluded agreement for MBE Services, customs’ fees or other costs and damages, resulting from causes attributable to the Customer or to the Addressee.
§ 10 Data processing
- The following information is hereby given and the Customer acknowledges and accept that:
- any supplied personal data are used and kept due to conclusion and execution of this Agreement and in compliance with Art. 23 point 1.3 of the Polish Personal Data Protection Act,
- Administrator of the database are the MBE Store and MBE POLAND sp. z o.o. with registered seat is Warsaw, Piłsudskiego 1 St., 00-078 Warsaw,
- the providing party obtains without delay the right of access to its personal data and the right of its correction,
- personal data is recorded and processed on magnetic supports and extracted for statistical purposes, and in respect of the distribution of advertising material regarding the activities of the MBE Store and of MBE POLAND sp. z o.o. with registered seat is Warsaw and that bestowal of data is optional, and any refusal to comply involves only renouncing the aforesaid assignment and the acceptance of business offers and proposals;
§ 10 Final provisions
- Individual agreements with Customers may stipulate different provisions from the T&C.
In such a case, the provisions of the individual agreements shall apply.
- For matters not regulated by this T&C and by any individual agreement, apply the generally applicable provisions of the Polish Civil Code, the carriage law and the Postal law.
- Regulations of this T&C remain valid until its revocation or amendment. When T&C are amended, the new provisions shall apply.
- Actual regulations of this T&C are disclosed to the public on the website www.mbe.pl