Additional services: services that could be purchased if a parcel exceeds the maximum dimensions and/or maximum weight allowed.
Customer: the party, natural person, who enters into an agreement with MYPUP B.V.
Sender: the party, the company or the natural person who dispatches the parcel to the customer. User profile: overview of the basic details of the customer, whose data has been provided by the customer himself at his registration on www.mypup.nl and/or www.mypup.co.uk. This data can only be accessed and/or modified by the customer himself.
MYPUP B.V.: the private company with limited responsibility, with its registered office at Overschiestraat 182, 1062 XK Amsterdam, listed in the trade register of the Dutch Chamber of Commerce under number 60240199. MYPUP B.V. is a company processing the incoming and outgoing mail and/or parcels for the customer.
Reception and distribution center MYPUP B.V.: the logistic site for MYPUP B.V.Ã¢â‚¬â„¢s parcels. The logistics can either be performed by MYPUP B.V. itself or by one of the specifically recruited third parties acting at the responsibility and in name of MYPUP B.V.
Parties: MYPUP B.V. and the customer.
Pick Up Point (PUP): an unmanned secure locker wall at the office of the customer used for the purpose to dispatch, return and/or receive parcels.
PUP locker: secure space in the locker wall of the Pick UP Point into which parcels could or will be placed (temporarily).
Unique code: the unique password of four digits, received by the customer via app and/or text message and/or email to open the PUP locker.
Force majeure: situations in which the implementation of the agreement is being completely or partly hampered by circumstances beyond the control of the parties and/or circumstances on the side of MYPUP B.V.Ã¢â‚¬â„¢s, such as strikes, staffing problems, transport problems, weather conditions and non-performance by MYPUP B.V.Ã¢â‚¬â„¢s suppliers of goods or services.
Prohibited goods: goods (i) prohibited for transport under (inter)national law or regulations (including rules of international organisations), (ii) MYPUP B.V. has not obtained the necessary licence or required authorisation for, (iii) of which can be considered that it is common knowledge that they are hazardous or illegal in the country of origin, the country of destination and/or any other third country the goods are being transported through.
2.1 These general terms and conditions are applicable to all agreements that MYPUP B.V. enters into with the customer.
2.2 The applicability of any other general terms and conditions used by the customer is hereby explicitly excluded.
2.3. Deviation from these general terms and conditions is only valid if they have explicitly been agreed upon in writing by both parties.
2.4 Should any provision of these general terms and conditions be null and void or be declared void, all other provisions remain in full force and the void or nullified provision(s) in these terms and conditions will be replaced by a new and legally admissible provision taking the objective and essence of the void or nullified provision(s) into account as much as possible.
2.5 Unclarities on the content of the conditions or applicable situations not included in these general terms and conditions should be evaluated in the spirit of these general terms and conditions.
2.6 MYPUP B.V. reserves the right to unilaterally modify or add information to the general terms and conditions at any time.
3. The use of a PUP
31 By registering an user profile on mypup.nl or mypup.co.uk, the customer authorises MYPUP B.V. to, on his behalf, receive parcels dispatched to the reception and distribution center, and to distribute these to the PUP the customer has specified in his user profile.
- The authorisation to deliver a parcel to the specified PUP will be activated at the moment the parcel has been received at the distribution center from MYPUP B.V., together with the delivery receipt issued by the sender and provided to MYPUP B.V.
- The authorisation to deliver a parcel to the PUP as specified by the customer will end at the moment the customer enters his unique code that he has received by text message and/or email, and he has opened the PUP locker, whether or not with the use of the MYPUP app.
3.2 By registering an user profile and by creating a (return) shipment on mypup.nl or mypup.co.uk, the customer authorises MYPUP B.V. to collect and dispatch parcels that the customer sends via the PUP with a mainstream postal service selected by MYPUP B.V.
- The authorisation to return a parcel via the specified PUP, will be activated from the moment the customer enters his unique code, that he has received by text message and/or email, he has placed the parcel for dispatch in the booked PUP locker and has closed the PUP locker door, whether or not with the use of the MYPUP app.
- The authorisation for returning a parcel will end at the moment the parcel is being delivered by MYPUP B.V. to the postal service selected by MYPUP B.V. MYPUP B.V. will not receive a proof of receipt or delivery for parcels being returned to a freepost address. Hence, the customer will not receive a receipt of this kind for such a return shipment either.
3.3 In the event of a (return) shipment the customer will need to place the item for the specified return shipment in the booked PUP locker within 24 hours after the booking. After 24 hours the booking will expire and the customer will have to book a new return shipment, should the customer wish to continue to use this service of MYPUP B.V.
3.4 The customer is responsible to supply parcels, intended for return shipment or dispatch via the PUP as specified by the customer in his user profile, correctly. A correct supply includes for example that the customer places a return label on parcels for return shipments and provides correct address details on parcels for dispatch.
3.5 MYPUP B.V. will place the received parcels, as soon as possible after save receipt in its reception and distribution center, into the PUP specified by the customer. The aim is to deliver parcels, received by MYPUP B.V. before 13h00 and that are labelled with correct name and address details, on the same working day in the PUP lockers. Should it not be feasible to deliver the parcel in this time frame due to unforeseen circumstances, MYPUP B.V. will then notify the customer in writing within 1 working day, or within 24 hours following the time of receipt of the parcel.
3.6 Should the customer distribute several parcels on one day to the PUP via MYPUP B.V., MYPUP B.V. will then attempt to deliver these parcels to just 1 PUP locker, if possible. 3.7 The customer will be notified via email and/or text message when the parcel for delivery has been placed into the locker. This notification also contains the unique code required to open the indicated locker. The PUP locker can also be opened via an application in the MYPUP app.
3.8 The customer will be notified via email or text message when the parcel can be returned via the PUP specified by the customer. This notification also informs the customer on the unique code required to open the PUP locker that has been booked for the return shipment. The PUP locker can also be opened via an application in the MYPUP app.
(Non-) collected items 3.9 The customer must collect the parcel within 2 working days (48 hours) from the PUP locker. The customer will be notified on a daily basis, via an email and/or text message and/or through the app, that the parcel has not been collected from the PUP locker yet. .
3.10 MYPUP B.V. reserves the right to recover parcels that have not been collected within 2 working days (48 hours) from the relevant PUP locker and to store them in the reception and distribution center of MYPUP B.V. The customer will be notified via email and will be offered the following alternatives to retrieve his/her parcel:
- Receive the parcel in the PUP specified by the customer in his user profile, at the prevailing delivery price for parcel deliveries.
- Collect the parcel from the reception and distribution center of MYPUP B.V. at no additional costs for the customer.
- Receive the parcel at the customerÃ¢â‚¬â„¢s private address for a surcharge to the standard shipping rate (subject to location and weight), which will be borne by the customer.
3.11 In the event that the customer does not respond to and does not select one of the options stated in article 3.10, MYPUP B.V. then reserves the right to Ã¢â‚¬â€œ if the parcel is held in storage in the reception and distribution center of MYPUP B.V. for over 14 days Ã¢â‚¬â€œ return the parcel to the sender. Any applicable costs will be for the customerÃ¢â‚¬â„¢s account.
3.12 MYPUP B.V. offers the following alternative delivery services for parcels that do not fit into the PUP locker, as they exceed the maximum dimensions for parcels, which is (lbh) 600mm400mm700mm:
- If the parcel does not fit into the PUP locker, however, is easy to transport, MYPUP B.V. will arrange for other suitable delivery options. The customer will be contacted by email or phone to discuss the possibilities.
- If the parcel is too big and/or too heavy (over 23 kg), the customer will be contacted by phone to arrange an appointment to collect the parcel at the reception and distribution center of MYPUP B.V.
- The customer can explicitly notify MYPUP B.V. in writing that MYPUP B.V. is authorised to open the parcel and to transfer the content of the parcel to a smaller sized packaging. In this event the liability provisions mentioned in article 6 apply.
- If none of the above options have been selected, MYPUP B.V. will, with the customerÃ¢â‚¬â„¢s consent, dispatch the parcel to the address as defined by the customer. Any surcharges will be for the customerÃ¢â‚¬â„¢s account.
- If none of the above options have been selected by the customer MYPUP B.V. reserves the right to, if the parcel has been held in storage for over 14 days, return the items to the sender and any applicable costs will be for the customerÃ¢â‚¬â„¢s account.
3.13 It is not possible to provide parcels for a (return) dispatch to MYPUP that exceed the maximum dimension of (lbh) 600mm400mm700mm and/or are heavier than 23 kg.
Misuse of the PUP
3.14 The customer is not permitted to use the locker for illegal, hazardous and/or perishable goods Ã¢â‚¬â€œ the minimum durability should be at least 14 days after the date MYPUP received the product. The customer is also not authorised to have livestock or to let people stay in the locker, or to use the PUP for any similar purpose that could create a risk to MYPUP, the customer himself and/or others. The customer is responsible for all damage and/or costs arising as a consequence of the situations and/or circumstances outlined above and the customer will explicitly indemnify MYPUP B.V. for all possible claims (also refer to article 6.3.e of these general terms and conditions).
3.15 In case MYPUP B.V. suspects that the PUP locker is being used for drug trafficking or trade in other prohibited goods in either The Netherlands, the United Kingdom or in a member state of the European Union, MYPUP will actively approach law enforcement. When, in view of the above, prohibited goods are found, or if it is suspected, the goods must, on the first written demand from MYPUP B.V., be removed from the locker within 24 hours, or within the period of time stated by MYPUP B.V. MYPUP B.V. will also contact the competent authorities immediately. If the locker has not been cleared within the set term of 24 hours or the by MYPUP B.V. stated deadline, the goods will be handed to the competent authorities, or returned to the sender. The customer is responsible for all damage and/or costs arising as a consequence of the situations and/or circumstances outlined above and the customer will explicitly indemnify MYPUP B.V. for all possible claims (also refer to article 6.3.e of these general terms and conditions).
3.16 Without a prior written permission of MYPUP B.V, the customer is not permitted to use the PUP locker for any other purpose than exchange. For example, it is not allowed to sell and/or provide services via or to develop any other commercial activity in the MYPUP locker.
3.17 In the event of misuse of the locker, as described in article 3.13 to 3.15, MYPUP shall inform the company where the PUP is in use.
4 Obligations MYPUP B.V.
4.1 MYPUP B.V. will always treat the parcels from or for the customer with the utmost care from the moment of reception up to and including the delivery and/or dispatch to the PUP locker, the (return) address or freepost number.
4.2 MYPUP B.V. will deliver the goods received for transport by or for the customer at its destination in the condition MYPUP B.V. has received them.
4.3 MYPUP B.V. aims to deliver parcels, received by MYPUP B.V. before 13h00, to the customer at the same working day in the PUP specified by the customer.
4.4 MYPUP B.V. aims to collect the parcels that the customer wishes to dispatch or return within 1 working day and to dispatch these via a mainstream postal service selected by MYPUP B.V.
5 Responsibilities of the customer
5.1 The customer must ensure that all details in the user profile created on www.mypup.nl and/or www.mypup.co.uk are correct and up to date. MYPUP B.V. is not liable to any damage incurred as a consequence of incomplete, poor or incorrect (address) details as provided by the customer (also refer to article 6.2.b of these general terms and conditions).
5.2 If the customer requires a proper insurance for (the content of) the parcel(s) delivered to the PUP locker, the customer himself will be responsible to make arrangement accordingly.
6. Liability of MYPUP B.V.
- In the event of damage, loss and delay of delivery of the parcels intended for the customer, MYPUP B.V. is liable only if the resulting damage is demonstrably caused by the way MYPUP B.V. handled the parcel. This may, for instance, be the case when an industrial or traffic accident takes place while delivering the parcel, or in case of theft. If the damage is a proven result of MYPUP B.V.Ã¢â‚¬â„¢s method of working, then MYPUP B.V. will notify the customer hereof per email within 1 working day.
6.2 MYPUP B.V. is not liable for a return shipment from the moment the customer places the parcel in the PUP locker to the actual return sending of the parcel, unless the damage caused is the demonstrable result of the way MYPUP B.V. handled the parcel. This may, for instance, be the case when an industrial or traffic accident takes place while delivering the parcel, or in the event of fire and/or theft. If the damage is a proven result of MYPUP B.V.Ã¢â‚¬â„¢s method of working, then MYPUP B.V. will notify the customer hereof per email within 1 working day.
6.3 MYPUP B.V. is not liable for damage due to the following circumstances: a. force majeure; b. the customer provided incomplete, poor or incorrect (address) details; c. loss and/or theft of the unique code provided to the customer; d. absence of or defective condition of the packaging of the parcel(s) caused by the customer and/or sender. e. misuse of the PUP and/or one or multiple PUP locker(s), as defined in article 3.14 to 3.16; f. a reason, other than mentioned above, that can be attributed to the customer and/or the sender; a. the nature of certain goods, which exposes them to total or partial loss or damage, especially through ignition, explosion, melting, breakage, corrosion, decay, desiccation, leakage, normal reduction of quality or presence of vermin or rodents; b. reduction of quality of the content due to heat, cold, temperature variations or air humidity; c. the fact that it concerns the transport of a live animal.
7. Liability of the customer
7.1 The customer is liable to damages, caused by a culpable shortcoming of the customer, inflicted by his parcel to staff of MYPUP B.V. and/or its contracted third parties, to company assets of MYPUP B.V. and/or that of its contracted third parties or to other parcels. In the last instance the liability is limited to the costs MYPUP B.V. will have to reimburse to third parties.
7.2 MYPUP B.V. accepts no hazardous substances and/or prohibited goods and the customer guarantees not to dispatch and place these into a PUP locker. The customer who supplies hazardous substances and/or prohibited goods to MYPUP B.V. indemnifies and compensates MYPUP B.V. for all liabilities of third parties and for the damage caused to MYPUP B.V. in relation to the transport of the hazardous substances and/or prohibited goods. The foregoing also applies to third parties engaged by MYPUP B.V.
7.3 The customer agrees that it is to the sole judgment of MYPUP B.V. how to deal with the hazardous goods and/or prohibited goods that have been supplied by the customer.
8. Refusal, suspension or termination of transport
8.1 MYPUP B.V. is entitled to refuse, suspend or terminate the transport of parcels without giving any reasons, if:
- the customer does not satisfy the required conditions of MYPUP B.V. for the process from acceptance to transport of parcels (for example with respect to payment, location where the parcel is handed to MYPUP B.V., provision of data, packaging, weight and dimensions).
- the transport of the parcel could present danger to people or goods; this applies anyhow to products subject to (inter)national laws and regulations regarding hazardous substances;
- the transport is prohibited by law or governmental regulations or if MYPUP B.V. has indications that transport of the goods could conflict with law or governmental regulations;
- the customer is in default with payment obligations arising from another agreement with MYPUP B.V.;
- MYPUP B.V. has another valid reason for the refusal, suspension or termination, including but not limited to natural disaster, wars or armed conflicts, strikes, etc.
8.2 In the event of refusal or termination of the transport of a parcel, MYPUP B.V. will enable the customer, to the extent possible, to retrieve the parcel, effectively terminating the agreement between both parties. MYPUP B.V. is entitled to remuneration of the transport costs, without prejudice to the right of MYPUP B.V. to receive compensation for (additional) costs incurred.
9. Payment and termination of the MYPUP services
9.1 Payment of the parcel costs is due before MYPUP B.V. receives the parcel for dispatch.
9.2 If the customer has not fulfilled the payment obligation in 14 days after the realisation of the agreement between both parties, MYPUP B.V. reserves the right to not deliver the parcel into the PUP locker or to return the parcel to the return address or freepost number specified. MYPUP B.V. will store the parcel in its reception and distribution center.
9.3 MYPUP B.V. will remind the customer once and provide a reasonable payment term for the customer to pay for the used service.
9.4 If the payment is not made after the payment term has expired as indicated in the reminder, MYPUP B.V. will refer the claim to a third party for collection. Any reasonable expenses for an extrajudicial claim will be borne by and recovered from the customer.
9.5 MYPUP B.V. is entitled to settle any claims with credits the customer has, or with the claims the customer has on MYPUP B.V.
10. Inspection / maintenance
MYPUP B.V. is permitted to access a PUP locker at any time in order to clean, inspect or repair the locker, or to have the locker repaired by third parties. This also applies to all events in which MYPUP B.V. has a real interest to open the locker or to have the PUP locker opened by other parties. MYPUP B.V. is in this case entitled to temporarily remove the content of the locker.
11. Modifications to PUP locker(s)
The customer is not permitted to modify the PUP or PUP locker(s) in any way, for instance by placing stickers. Any cleaning costs will be charged on and recovered from the customer.
12. Proper use of the PUP locker
12.1 The customer is obligated to ensure that the locker is empty, clean and in good order after collection of the parcel(s).
12.2 Should the customer on collection of his/her parcel(s) from the assigned locker find parcels or goods in the locker which are not intended for him, the customer is then obliged to notify MYPUP B.V. immediately by phone or email.
13. Applicable laws and disputes
13.1 All agreements reached between MYPUP B.V. and the customer, and any ensuing agreements, shall be governed exclusively by the laws of The Netherlands.
13.2 Any disputes arising from this agreement or any ensuing agreements shall be settled by the competent Court of Amsterdam, barring any legal provisions that state differently and are imperative, or, at MYPUP B.V.Ã¢â‚¬â„¢s discretion, by the competent court according to the applicable legislation rules.
13.3 The voidness or voidability of any clauses in this general terms and conditions does not affect the validity of the remaining clauses.
13.4 In addition to the conditions above, the conditions of the BIFA (British International Freight Association) also apply. These conditions can be found on https://www.bifa.org/conditions/bifa-stc-2017