|Client||means a user of LOOP App that has ordered a delivery of a Package and thereby enters into a Delivery Agreement with the Driver.|
|Delivery Agreement||means the agreement between the Client and the Driver for the delivery of the Packages.|
|Drop-Off Location||means the address specified in LOOP App, where the Client wishes the Package to be delivered.|
|General Terms for Package delivery||means these terms and conditions applicable to the relationship between LOOP and the User in relation to the use of LOOP App by the User for Package delivery.|
|Package||means the item(s) subject to the delivery, with the exception of the Excluded Packages.|
|Recipient||means the person (including the agent or representative of a legal person) whose identity and contact details are shared via LOOP App to the Driver by the Client as Recipient of the Package, and located at the Drop-off Location or, where applicable, within a nearby adjacent area, subject to its designation by any means by the Client.|
|User||means either the Client or the Driver as the context requires.|
2. LEGAL FRAMEWORK
2.1. LOOP App enables the Client to order deliveries of Package(s) to the Recipient at Drop-Off Location by selecting “Delivery” category in LOOP App. “Delivery” category is available in case of LOOP in-App Payment. The Client acknowledges that delivery of Packages is not a door-to-door delivery and the Recipient must be informed in advance by the Client about the requirement to pick up the Package from the Driver’s vehicle. The Driver is not responsible for loading and unloading of the Package.
2.2. For the delivery of Package, the Client enters into a Delivery Agreement directly with the Driver. The Delivery Agreement is deemed to be concluded from the moment that the order for delivery of a Package is confirmed by the Driver via LOOP App. Drivers who do not wish to use LOOP App for deliveries of Packages can opt-out from such deliveries by notifying LOOP respectively.
2.3. By operating the LOOP App, LOOP acts only as a provider of the information society service and is not a party to the Delivery Agreement. LOPP is not the provider of the delivery services and is not liable in any way for the performance under the Delivery Agreement. LOOP does not supervise, direct or control the manner in which the delivery of Packages is carried out by the Driver.
2.4. LOOP App may not be used for ordering deliveries of Packages containing goods that have not been approved by LOOP (“Excluded Packages”) as eligible for LOOP App. Excluded Packages include:
2.4.1. goods that do not fall into package size limits 65 x 55 x 40 cm or goods that weigh more than 20 kg;
2.4.2. animals, human beings and other living or dead creatures, including their parts, remains, fluids or substances derived from products originating from animals, human beings or other creatures;
2.4.3. bank notes (including foreign currency), credit cards, securities, jewellery, gift vouchers and similar valuables;
2.4.4. firearms and their parts, ammunition, melee weapons, other items specially designed for attack and defence (e.g knuckles, stilettos);
2.4.5. flammable, combustible, explosive and radioactive or other ionising substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment;
2.4.6. drugs and other psychotropic substances which are subject to special control in accordance with the legislation;
2.4.7. food, alcohol beverages, ethyl alcohol, high-octane oxygen containing impurities, tobacco;
2.4.8. goods, the value of which exceeds 200 EUR;
2.4.9. other items that are not allowed to be delivered, transported by law and items that cannot be transported, delivered without additional licenses, permits, approvals etc, including goods which cannot be delivered due to the capacity of the Client or Recipient (e.g medicine which requires medical prescription).
2.6. The Client must make sure that the Package is in a suitable condition for delivery (including clean, suitable for a delivery in a vehicle) and that the Package will not be damaged and/or its condition will not change until it is delivered to the Recipient.
2.7. The Driver may cancel the delivery of a Package if the Driver upon pick up discovers or has reasons to think that the Package is a Excluded Package or does not comply with Section 2.6. In such cases, cancellation fee will be charged to the Client.
2.8. Every User shall indemnify, defend or settle and hold LOOP harmless against any loss or damage (including legal costs) which LOOP may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the User of the provisions of these General Terms.
2.9. The Driver is solely liable for the performance of the Delivery Agreement and for any claims presented under the Delivery Agreement. LOOP is not liable for any failure or non-conformity of performing the Delivery Agreement and assumes no liability for any traffic violations or accidents sustained during the performance of the Delivery Agreement.
2.10. If the Client files a claim due to the breach of the Delivery Agreement, the Driver shall release LOOP from all liability regarding the claim.
2.11. The Driver’s total liability for material damage or consequential loss, such as loss, theft, material damage, average or destruction of the items of the Package shall be the greater of (i) the original value of the affected items of the Package; or (ii) the amount of their repair or reconstitution, in both cases up to the limit of equivalent of 200 EUR.
2.12. LOOP App is provided to the Users strictly on an “as is” basis. LOOP will not be liable for any interruptions, connection errors, unavailability of, or faults in the Platform. In no event shall LOOP’s aggregate liability for any and all claims arising out of the use of LOOP App by the same User, including those based on tort, agreement or other grounds, exceed equivalent of 500 EUR or the amount of the fees paid to LOOP, whichever is lower.
3. ORDERING DELIVERY OF PACKAGES THROUGH LOOP APP
3.1. The Client shall order delivery of Package(s) by the Driver to the Recipient at the Drop-Off Location. The Client and Driver will enter into the Delivery Agreement upon confirmation of the order by the Driver.
3.2. The Client represents and warrants that it has obtained consent or agreement from the Recipient for sharing their telephone number(s) and/or other contact details to the Driver via LOOP App and allowing the Driver to contact them in connection with the performance of the Delivery Agreement. The Client acknowledges and agrees that the Driver may need to contact the Recipient in order to meet its obligations under the Delivery Agreement.
3.3. The Driver shall deliver Package(s) to the Drop-Off Location inserted by the Client in LOOP App
3.4. The Recipient must be present at the Drop-Off Location at the estimated time of delivery indicated in LOOP App. The Client shall share the estimated time of delivery with the Recipient. The Client must be available to receive calls via LOOP App from the moment of ordering the delivery of Package(s) via LOOP App until the delivery of Package(s) to the Recipient. In case of failure to hand over the Package due to the Client and/or the Recipient in accordance with Section 3.5., the Driver will contact LOOP’s customer service in order to authorize LOOP to cancel the delivery and fully charge the Client for the delivery, as well as to receive further advice regarding the Package. If the Driver is instructed to return the Package to the Client, the Driver shall return the Package to the Client and the Client will be billed for such return. After handing over the possession of the Package to the Recipient, the Driver marks the delivery as “Finished” on the LOOP App.
3.5. LOOP, on behalf of the Driver, may cancel the delivery and fully charge the Client for the delivery in the following cases:
3.5.1. the Recipient is not available at the Drop-Off Location within 5 minutes of the arrival of the Driver thereto;
3.5.2. the Client failed to provide the Recipient’s telephone number or the Recipient’s telephone number provided by the Client cannot be reached by the Driver within 5 minutes.
3.6. Any delivery time or other time estimate communicated to the Client via LOOP App are only estimated times. There is no guarantee that the Package will be delivered at the estimated time. The Client acknowledges that delivery times may also be affected by objective factors such as traffic jams, rush hours, and weather conditions.
3.7. The Driver is prohibited from adding or removing any packaging and has to deliver the Package as prepared by the Client. The Driver is not allowed to change, modify, add to, remove from or temper with the Package in any way and ensure the Package is not damaged, destroyed, stolen or lost as well as act responsibly in the driving of its means of transport.
4. CANCELLATION AND SUSPENSION OF USE
4.1. LOOP is entitled to remove the User from LOOP App with immediate effect and/or refuse or cancel any deliveries of Packages(s), if it causes any abuse or harm to LOOP App, if LOOP has a reasonable belief of fraudulent acts by the User when using LOOP App, or if the User otherwise fails to comply with its obligations under these General Terms (e.g. by Recipient not being present at the Drop-Off Location on several occasions).
4.2. The User may not use LOOP App for any unlawful purpose, including for the purposes of money laundering. If the User violates this Section, LOOP may permanently suspend the User from using LOOP App.