GENERAL TERMS AND CONDITIONS

PARCELSEA SMART MAILBOXES

These General Terms and Conditions (defined below) apply to all legal relationships between Parcelsea and the Customer in relation to the Smart Mailboxes (defined below) offered by Parcelsea. By placing an Order, the Customer confirms that he/she understands and agrees to enter into the Contract in the Customer Environment and on the terms and conditions set out in these General Terms and Conditions.

1. Definitions
   1. User – is the person (or persons) designated by the Customer in the Customer Environment to whom Parcelsea provides the possibility to access a Smart Mailbox.
   2. Customer – means a legal or natural person listed as a Customer in the Customer Environment.
   3. Customer Environment – is the environment on the Parcelsea Website that displays Customer Data, Users, Orders and their details.
   4. Courier – means a person who delivers a Shipment and who is obliged to deliver the Shipment to the Customer for the purpose of the performance of a contract between the Courier and the Customer or between a third party and the Customer.
   5. Monthly Fee – is the monthly fee paid by the Customer for the use of the Smart Mailbox, if the Customer has opted for the Rental Model Contract.
   6. Contract – is a contract between Parcelsea and the Customer, consisting of the Specific Terms and Conditions and the General Terms and Conditions indicated in the Customer Environment, and which may be based on either the Sales Model or the Rental Model.
   7. Sales Model – is the model chosen by the Customer on the Website to enter into a Contract with Parcelsea for the acquisition of a Smart Mailbox under the terms and conditions set out in the Customer Environment and the General Terms and Conditions.
   8. Smart Mailbox – is a device provided by Parcelsea that acts as a personal parcel machine, in which it is possible to leave Shipments addressed to the User.
   9. Purchase Price – is a one-off or instalment payment for the acquisition of a Smart Mailbox, if the Customer has opted for the Sales Model Contract.
   10. Shipment – means a Shipment ordered by the Customer from any third party or any other Shipment addressed to the Customer.
   11. Order – is an order placed by the Customer on the Website for the purpose of using the Smart Mailbox for the conclusion of a Contract.
   12. Website – is the Parcelsea website at https://www.self-service.parcelsea.com.
   13. General Terms and Conditions – are the general terms and conditions of the Parcelsea Smart Mailbox published on the Website, which form an integral part of the Contract.
   14. Rental Model – is the model chosen by the Customer on the Website to enter into a Contract with Parcelsea for the use of the Smart Mailbox under the terms and conditions set out in the Customer Environment and the General Terms and Conditions.
2. Conclusion of contract, legal framework
   1. Through the Website, the Customer can order Smart Mailboxes by selecting either the Sales Model or the Rental Model.
   2. The Contract between the Customer and Parcelsea shall be deemed to have been entered into on the terms and conditions set out in the Order, the Customer Environment and the General Terms and Conditions from the date of the Order.
   3. Parcelsea proposes the delivery time and takes customer wishes into consideration when possible.
   4. Parcelsea has the right to refuse to enter into a Contract with the Customer without giving any reason. In such a case, Parcelsea shall refund the Customer any payments already made within 14 calendar days of sending the Customer a notice to that effect.
   5. The Customer may order additional services from Parcelsea in accordance with the additional services described on the Website and their price list.
   6. The delivery of Shipments to the Smart Mailbox takes place on the basis of a contract concluded between the Customer and the carrier of the Shipment (an e-shop keeper, courier service provider or similar third party). In order to order a SmartMailbox Shipment, you must select courier delivery (not delivery to a parcel locker) as the delivery method. Parcelsea is not a party to any contract relating to a particular Shipment, nor is Parcelsea the carrier or freight forwarder of the Shipment, and Parcelsea shall not be liable for the actions or performance of the obligations of the carrier delivering the Shipment.
   7. By entering into this Contract, the Customer agrees that the Courier has the right to consider the Shipment to be delivered to the Customer and the Customer’s corresponding order to be fulfilled within the meaning of the contract between the Customer and the Sender of the Shipment from the moment the Courier has inserted the Shipment into the Smart Mailbox and locked the Smart Mailbox.
3. Installing a smart mailbox
   1. Parcelsea undertakes to install the Smart Mailbox at the address indicated in the Customer Environment. The costs of delivery and installation of the Smart Mailbox shall be payable by the Customer in accordance with the price list published on the Website.
   2. The Customer undertakes to ensure that:
      1. The Customer has all the necessary rights, permissions and consents to install the Smart Mailbox at the address and location indicated;
      2. By installing a Smart Mailbox at the specified address and location, the Courier will be able to access the Smart Mailbox at any time and park a service vehicle for up to 15 minutes in the immediate vicinity (within 30 metres);
      3. The location of the Smart Mailbox is safe and does not in any way pose a risk to the Smart Mailbox, the Shipment or the Couriers or third parties or their property or health.
      4. If the Customer does not provide specified info (picture, description etc) of location then Parcelsea will install the box in front yard of given address according to the best judgement of their installation team.
   3. Parcelsea does not guarantee that the Smart Mailbox to be installed will be free from previous signs of use. A Smart Mailbox may have been used and may show reasonable signs of use from previous exploiting. The installation of the Smart Mailbox and any signs of wear or use on the Smart Mailbox at the time of delivery shall be immediately notified in written to info@parcelsea.de, but no later than seven days upon delivery of Smart Mailbox.
   4. The Customer is not allowed to change the ownership or location of the Smart Mailbox without Parcelsea’s prior consent in written. If the Customer wishes to change the location of the Smart Mailbox after it has been installed, the Customer undertakes to order the additional service from Parcelsea via the Customer Environment.
4. Use of smart mailbox
   1. The User will be able to unlock the Smart Mailbox via the code associated with the User’s phone number using the phone (if provided by User) or the keyboard on the Smart Mailbox. Parcelsea grants access rights to the Smart Mailbox ordered by the Customer only to the Users indicated in the Customer Environment.
   2. The Customer undertakes to ensure that access codes issued to Users are kept and used securely and are not disclosed to third parties. In the event of a breach by the Customer of its obligation under this clause, Parcelsea shall not be liable for the actions of any unauthorised persons who have gained access to the Smart Mailbox. If the Customer discovers that the access rights to the Smart Mailbox are in the possession of unauthorised persons, the Customer undertakes to immediately change the access codes to the Smart Mailbox or to inform Parcelsea of the situation.
   3. When ordering Shipments, the Customer undertakes to take into account that the Smart Mailbox can accommodate Shipments of the following maximum size (length x width x depth) in the various boxes:
      1. XS: 252mm x 120mm x 390mm;
      2. M: 252mm x 367mm x 526mm;
      3. L: 472mm x 530mm x 526mm.
   4. It is prohibited to order the following items to the Smart Mailbox: weapons and parts of weapons, ammunition and ammunition parts; gas; explosive devices; munitions; highly flammable and dangerous goods (fireworks, fuel, solvents; paints); radioactive materials; toxic substances; infectious substances; narcotic and psychotropic substances; acids; live animals; substances which, due to their properties, may endanger the Customer, the Courier, a third party or other Shipments; money.
   5. The Customer undertakes to ensure that the Courier has unhindered access to the Smart Mailbox for the delivery of the Shipment and for Parcelsea to perform maintenance.
   6. SMS notifications will be sent to User(s) only if a User has provided ParcelSea with their phone number in the Customer Environment.
   7. The Customer undertakes to remove (or arrange for the removal of) the Shipments inserted into the Smart Mailbox from the Smart Mailbox within a reasonable period of time, taking into account the nature and characteristics of the Shipment, and to ensure that the Smart Mailbox is emptied in such a way that the Shipments ordered by the Customer can be inserted into the Smart Mailbox. Subject to Clause 8 of the General Terms and Conditions, Parcelsea shall not be liable for any loss or damage that may arise from the Customer’s breach of its obligations under this Clause.
   8. The Customer undertakes to keep the Smart Mailbox in good condition, to use it only for the purpose of sending or receiving Shipments at the location indicated in the Customer Environment and to comply with all Parcelsea instructions for the use of the Smart Mailbox.
   9. For more detailed instructions on how to use the Smart Mailbox, please refer to the Smart Mailbox User Manual, which will be provided to the Customer via e-mail upon installation of the Smart Mailbox.
5. Maintaining your smart mailbox
   1. The Customer undertakes to ensure the preservation of the Smart Mailbox in the condition indicated in the instrument of delivery throughout the duration of the Contract, taking into account the negative characteristics arising from normal use and wear.
   2. In the event of damage, breakage or other hindrances, the Customer undertakes to notify Parcelsea immediately by sending an e-mail to info@parcelsea.de.
   3. Smart Mailboxes require regular routine maintenance, including (but not limited to) annual battery replacement. Parcelsea reserves the right to charge a fee for routine maintenance of the Smart Mailboxes in accordance with the prices published on the Website.
   4. The Customer is not allowed to maintain or repair the Smart Mailbox (except for routine cleaning of dirt and snow), either independently or with the help of a third party, without Parcelsea’s prior written consent.
   5. In the event that the Smart Mailbox is damaged due to circumstances beyond Parcelsea’s control, Parcelsea shall be entitled to charge the Customer a fee for the repair of the Smart Mailbox in accordance with the quotation provided to the Customer. In the case of a Rental model, the Customer shall not be entitled to refuse to pay for the repair and the cost of the repair in the circumstances referred to in the preceding sentence (i.e. the cost of Parcelsea’s repair of the Smart Mailbox shall constitute a loss which the Customer shall be liable to Parcelsea to reimburse).
6. Fees and payment
   1. The Customer undertakes to pay Parcelsea the fee indicated in the Client Environment (either the Purchase Price or the Monthly Fee) for the use of the Smart Mailbox, in the amount and under the terms and conditions indicated in the Client Environment. Parcelsea will invoice or charge the Customer in other payment method for the fees payable under the Contract. Unless otherwise stated on the relevant payment method or in the Customer Environment, the due date for payment of the invoice shall be 7 calendar days. In the case of the Rental model, the Customer authorises Parcelsea to debit the Monthly Fees due from the Customer from the payment card activated by the Customer in the Customer Environment at the beginning of each billing period, which shall be one calendar month from the date of installation of the Smart Mailbox. Payments are processed through a third-party payment processor.
   2. In case the Contract is concluded for the Rental model, the payment of the Monthly Fee will start from the day when the Smart Mailbox was installed at the Customer’s requested address.
   3. The customer can order additional services related to the Smart Mailbox in the Customer Environment. The right to use the additional services shall accrue to the Customer from the day of payment for the respective additional service and shall entitle the Customer to use the additional service for one billing period of one calendar month from the day of payment for the respective additional service. The order for the Additional Service will be automatically renewed for the following billing period (unless the Customer notifies Parcelsea in written to cancel the order for the Additional Service) and Parcelsea shall be entitled to debit the amount due for the Additional Service from the payment card activated by the Customer in the Customer Environment at the beginning of each billing period. The Customer has the right to terminate the order for the Additional Service at any time by notifying Parcelsea in written. After sending the notice of termination of the Additional Service, the Customer shall be entitled to use the Additional Service until the end of the relevant billing period; the fee paid for the Additional Service until the end of the billing period shall not be refunded.
   4. In the event that additional unforeseen costs are incurred during the installation of the Smart Mailbox, Parcelsea will notify the Customer of such costs immediately.
   5. In the event of any delay in the payment of the fee, the Customer undertakes to pay interest on arrears at the rate of 0.2% of the amount due for each day of delay, or, if the Customer is a consumer, at the rate of 0.06% of the amount due for each day of delay.
   6. All fees shall be deemed to have been paid to Parcelsea from the moment the corresponding amount is credited to Parcelsea’s account. Parcelsea shall not be liable for any additional costs and transfer fees incurred in connection with the payment.
   7. In the event that the Customer is in default of payment for more than 30 calendar days, Parcelsea has the right to terminate the Contract without prior notice. Termination of the Contract shall not relieve the Client from any liability for any arrears and/or damages in connection with the extraordinary termination of the Contract.
7. Termination of contract
   1. If the Contract is concluded on the Sales model, the Customer may withdraw from the Contract only in the event of a material breach of the Contract by Parcelsea.
   2. In case the Contract is concluded on the Rental Model, the Contract is concluded for an indefinite term, unless otherwise stated in the Customer Environment. Both Parcelsea and the Client shall have the right to effect standard termination of the Contract by giving at least three months’ notice to the other party. In the event that the Customer so cancels the Contract, or in the event of the Contract being extraordinarily terminated because of a breach by the Customer, Parcelsea shall be entitled to claim from the Customer reimbursement of the costs incurred by Parcelsea in transporting and removing the Smart Mailbox.
   3. In the event of expiry of the Contract, the Customer undertakes to return the Smart Mailbox on the day of expiry of the Contract, i.e. to allow Parcelsea to access the Smart Mailbox and to perform the operations necessary to remove it, providing assistance if necessary. The Customer undertakes to compensate Parcelsea for any damage to the Smart Mailbox incurred by the termination date of the Contract compared to the condition of the Smart Mailbox as indicated in the instrument of delivery, taking into account normal wear and tear.
8. LIABILITY
   1. Parcelsea gives a 2-year warranty that the Smart Mailbox was free from defects at the time of transfer of possession, unless otherwise stated in the instrument of delivery. In its warranty claim in written, the Customer must describe the defects of the Smart Mailbox in detail. Parcelsea shall be liable for all defects in the Smart Mailbox which existed at the time of the transfer of possession to the Customer and which are discovered during the warranty period and of which Parcelsea has been notified during the warranty period. Parcelsea shall not be liable for any defects discovered or notified to Parcelsea after the expiry of the warranty period. Parcelsea shall not be liable for any feature (including visual and physical) or characteristic of the Smart Mailbox which does not constitute a defect within the meaning of clause 3for normal wear and tear. The limitations of Parcelsea’s liability for defects in the Smart Mailbox shall not apply if the nonconformity is caused by Parcelsea’s wilful misconduct or gross negligence.
   2. The Customer is responsible for the actions of Users in using the Smart Mailbox as if they were its own actions. In the case of the Rental model, the Customer shall be liable under clause 5 General Terms and Conditions for any damage caused to the Smart Mailbox by any circumstances not attributable to Parcelsea.
   3. Neither Parcelsea, the Courier nor the Sender of the Shipment shall be liable if the Shipment cannot be left in the Customer’s Smart Mailbox because (i) there is no space for the Shipment in the Smart Mailbox (the dimensions of the Shipment exceed the dimensions of the Smart Mailbox boxes or the Smart Mailbox has not been emptied), (ii) the Shipment contains items that are prohibited to be delivered to the Smart Mailbox in accordance with clause 4.4; (iii) if the Smart Mailbox is inaccessible to the Courier; or (iv) there is any other reason or circumstance beyond Parcelsea’s reasonable control which makes it impossible to insert the Shipment into the Smart Mailbox. Neither Parcelsea, the Courier nor the Sender of the Shipment shall be liable for the preservation of a Shipment requiring special conditions in the Smart Mailbox.
   4. The User is always responsible for the availability of the content of a Shipment to underage Users (e.g. if the content of a Shipment contains products that are subject to age restrictions for purchase and/or consumption).
   5. Parcelsea shall be liable for any Damage to the Shipment and/or the Customer only if the Damage is caused by Parcelsea’s wrongful breach of a Contractual obligation or by any other cause attributable to Parcelsea. In any event, Parcelsea’s liability shall be limited to compensation for direct pecuniary loss incurred by the Shipment or the Customer up to an amount not exceeding EUR 30.
   6. Parcelsea will use its best efforts to ensure that the removal of the Smart Mailbox does not cause damage to the property where the Smart Mailbox is located. However, in the event of damage to the property, Parcelsea shall not be liable to compensate for such damage.
   7. If the Customer is a consumer, the Customer’s liability shall be subject to the statutory privileges of liability and the limitations referred to in this Clause 8 shall apply only to the extent that they are not inconsistent with the provisions governing consumer liability.
9. FINAL PROVISIONS
   1. Parcelsea’s Privacy Policy, which is available on the Website, governs the processing of the Customer’s personal data.
   2. Parcelsea reserves the right to unilaterally modify the General Terms and Conditions by giving at least one month’s notice to the Customer. In the event that the Customer does not agree to the amendment of the General Terms and Conditions, the Customer has the right to terminate the Contract.
   3. The Contract is governed by German law.