General terms and conditions Returnless & SendDirect BV 2018/2020

Article 1 Definitions

In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise or the context indicates otherwise:

Returnless.com, Retourneren.nl, Retourneren.be and Returnform.com are trade names of SendDirect BV for the Dutch-speaking market.

 

SendDirect: the user of these general terms and conditions: 

SendDirect located at PCzn Hooftlaan 14, 5611NV Eindhoven Netherlands, registered with the Chamber of Commerce under Chamber of Commerce number 72233311;

services: the services provided to the customer in the context of the agreement;

product: the product that SendDirect delivers to the customer within the framework of the agreement, such as, but certainly not limited to, shipping and packaging materials;

customer: any natural or legal person who enters into an agreement with SendDirect;

agreement: the agreement between SendDirect and the customer;

website: the websites www. return. nl and www. return. be managed by SendDirect.

Article 2 General

These general terms and conditions apply to all agreements between SendDirect and the customer to which SendDirect has declared these general terms and conditions applicable. The present terms and conditions also apply to all agreements with SendDirect for the implementation of which third parties must be involved. Any deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing or electronically. The applicability of any purchase or other conditions of the customer is explicitly rejected. If one or more of the provisions in these general terms and conditions are null and void or should be destroyed, the other provisions of these general terms and conditions will remain fully applicable.SendDirect and the customer will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby if and as far as possible the purpose and purport of the original provision will be observed.

Article 3 Offers and quotations

All offers and quotations are without obligation, unless stated otherwise. SendDirect is not bound by its offer if there are printing, typing or programming errors in its quotation, mailings or on the website. If the acceptance deviates (on minor points) from the offer included in the quotation, SendDirect is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance. A composite quotation does not oblige SendDirect to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future assignments. Offers and price lists provided must be treated confidentially by the customer.

Article 4 Registration, customer details and login codes

To be able to use the services, the customer must complete the order form on the website. All information that the customer provides to SendDirect during registration must be correct and complete. The customer must treat the login codes provided by SendDirect confidentially and with care and only make these known to authorized staff members. SendDirect can never be held liable if unauthorized third parties use the customer's login codes.

Article 5 Implementation of the agreement

The services that SendDirect provides are clearly described on the website. SendDirect will perform the work to the best of its ability and as a diligent professional. SendDirect is only obliged to implement the agreement if the customer has provided the data and information required by SendDirect, in the form and in the manner desired by SendDirect. SendDirect has the right to engage third parties in the performance of the agreement, without notifying the customer, to purchase goods from third parties, to purchase services from third parties and to have the agreement performed in whole or in part by third parties and the associated costs. to be passed on to the customer. SendDirect is dependent on the services of PostNL, bPost, DPD or DHL for the delivery of the services.SendDirect is not liable for damage of any kind or for whatever reason, caused by the services of PostNL, bPost, DPD or DHL or another carrier. SendDirect is entitled to put the website out of use temporarily for maintenance.

SendDirect only supplies the address labels ("parcel stamps"), but is not involved or liable for the delivery of the parcel itself.

Article 6 Dimensions of packages - additional costs

If the agreement is extended or amended at the request of the customer or if there are unforeseen circumstances, this can lead to additional costs. The customer will be informed of the additional costs as soon as possible. SendDirect will only start the work that entails the additional costs after the customer has agreed to this, unless there is an emergency.

 

Surcharge not machine suitable / manual processing - € 3.75

When a shipment meets one of the following criteria, PostNL will have to process the package manually. A surcharge is charged for this, with the designation NMG (Not Machine Suitable). 

This surcharge will be charged if the package has met one of the following criteria:

  • Larger than: 100 x 50 x 50 cm (if no XL package / large surcharges have been purchased)

  • Less than: 10 x 10 x 1 cm

  • From 30 kg. up to 31.5 kg

  • Glassware, including bottles of wine (if not packed in machine-suitable packaging) etc. or flowers.

  • Laboratory samples or X-rays.

  • Markings on the package 'fragile'.

  • All tubes and other packaging forms where the label cannot be processed horizontally.

  • Address and barcode not on the largest side.

  • Wood and metal, sealed packages and foils (eg bubble wrap) or styrofoam.

  • With tape or other binding material, 2 or more packages are combined into one package.

  • Contents are not fixed in the packaging (slides back and forth).

To avoid this surcharge, it is advisable to pay close attention to the packaging. Do not use round tubes, avoid notices on the package, stick the label on the longest side, do not tape packages together and ensure sufficient padding so that the content does not slide back and forth. 

This surcharge is one of the most difficult surcharges as you have to take several factors into account. Of course it is always possible to contact us for packaging advice.

Reason of return

When a shipment is returned to sender, the costs will be borne by the sender, in addition, the shipping costs will not be reimbursed for the current shipment. These costs will only be charged when it concerns:

A refusal at the door, undeliverable

Incorrect address details or when a package is not picked up at the depot / service point. 

With tape or other binding material, 2 or more packages are combined into one package.

Article 7 Delivery

The customer must provide the address details of the recipient (s) via the SendDirect website. After SendDirect has received this information, the customer will receive the digital address label (s) (Parcel Seal) via SendDirect as soon as possible. The delivery times stated by SendDirect are not to be regarded as deadlines. The customer is obliged to receive the delivered products. If the customer fails to do so, the resulting costs, such as storage costs, will be for his account.

Article 8 Change of data

If the customer moves or changes the billing address or e-mail address of the customer, the customer must provide his new place of residence, residence or business location and / or new billing address or his new e-mail address in writing or via e -mail to inform SendDirect when this can speed up the delivery of a package.

Article 9 Obligations of the customer

The customer ensures that all data of which SendDirect indicates that it is necessary or of which the customer should reasonably understand that it is necessary for the execution of the agreement, is made available to SendDirect in a timely manner. The customer is responsible for equipment and other necessities, such as a printer and an internet connection, which are required to use the service. If the customer makes data available to SendDirect, these will meet the specifications prescribed by SendDirect. The customer is obliged to immediately inform SendDirect about facts and circumstances that may be important in connection with the execution of the agreement. The customer indemnifies SendDirect against any claims from third parties,that suffer damage in connection with the execution of the agreement and which is attributable to the customer. The customer will provide all cooperation to SendDirect that can reasonably be expected of him in / for the purpose of providing the service. If the customer has not fulfilled his obligations as stated in this article, then all costs that SendDirect had to incur as a result are for the account of the customer.

Article 10 Confidentiality

Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party who receives confidential information will only use it for the purpose for which it was provided.

Article 11 Prices and fees

All prices or rates quoted include VAT, unless stated otherwise. The prices are based on the prices, wages, taxes, duties, charges, freight, rates of PostNL, bPost, DPD or DHL existing during the offer. If, after the agreement has been concluded, a change occurs in one or more of the above-mentioned cost price factors, SendDirect is entitled to adjust its prices or rates. The customer can find the current prices of the service provided on the order page. If the customer does not agree with the adjusted prices or rates, the customer is free to no longer use the services of SendDirect. Surcharges of the relevant third parties with which SendDirect cooperates are subsequently charged to the customer.

Article 12 Payment and cancellation

The customer must pay for an order on SendDirect in advance via iDeal, PayPal, Credit card, Shipping credit or one of the other indicated payment methods. If the payment term is exceeded, the customer will be in default by operation of law after having been reminded by SendDirect at least once to pay within a reasonable term. In that case, the customer owes the statutory interest from the date on which the amount owed has become due and payable until the time of payment. In addition, all costs of collection, after the customer is in default, both judicial and extrajudicial, are at the expense of the customer. In the event of liquidation, bankruptcy, seizure or suspension of payment of the customer, the claims of SendDirect on the customer are immediately due and payable.

When a customer wants to cancel his purchased shipment, this can be done up to 30 days after purchase. The customer will then receive the paid amount back in shipping credit. This shipping credit is then deposited into the customer's personal account. See article 20 regarding the general condition of shipping credit.

Article 13 Force majeure

SendDirect is not obliged to fulfill any obligation towards the customer if SendDirect is prevented from doing so as a result of a circumstance that is not due to its fault, nor is it for its account under the law, legal act or generally accepted beliefs ( "force of the majority"). Circumstances as referred to in the previous paragraph include, but are not limited to: malfunctions in the connections to and with the internet, transport delays, strikes, lockouts, government measures, the failure by carriers, suppliers and / or other third parties in the fulfillment of their obligations. . Force majeure also includes a shortcoming on the part of engaged third parties that are necessary for the provision of the service, as well as any other situation in which SendDirect cannot exercise any (decisive) control.In case of force majeure, SendDirect will be released from its obligation to deliver or to perform the agreed work for the time being. It will depend on the circumstances of the case whether this will be and will remain the case in whole or in part, or whether there will only be a suspension of delivery and / or performance. In the event of an opportunity arisen to deliver and / or execute still, and / or changed, both SendDirect and the customer, possibly with an adjustment of the amounts to be paid by the customer, are obliged to use them.either partially will be and will continue to be the case, or whether there will only be a suspension of delivery and / or performance. In the event of an opportunity arisen to deliver and / or execute still, and / or changed, both SendDirect and the customer, possibly with an adjustment of the amounts to be paid by the customer, are obliged to use them.either partially will be and will remain the case, or whether there will only be a suspension of delivery and / or performance. In the event of an opportunity arisen to still deliver and / or execute, and / or changed, both SendDirect and the customer, possibly with adjustment of the amounts to be paid by the customer, will be obliged to use them.

Article 14 Liability & Insurance

The information and services on the website may contain technical inaccuracies and / or typing errors. SendDirect cannot be obliged to compensate for any damage, which is a direct or indirect result of: an event, which is in fact beyond its control and thus cannot be attributed to it, as described in article 13 of these general terms and conditions; any act or omission of the customer, his subordinates, or other persons employed by or on behalf of the customer. SendDirect is not liable for damage, of whatever nature, because SendDirect relied on incorrect and / or incomplete data provided by the customer. SendDirect is not liable for any damage due to incorrect use of the address label by the customer.SendDirect is not liable for any damage to the product, to other items or to persons, for example due to incorrect, improper use or use contrary to the instructions for use of the product. Under no circumstances is SendDirect liable for damage that arises or is caused by the customer using the product for a purpose other than that for which it was intended. If the customer or a third party makes changes to the product delivered by SendDirect, SendDirect excludes any liability with regard to the operation and any (consequential) damage. SendDirect does not guarantee that the website is free of malfunctions. The customer acknowledges that the service can be interrupted for various reasons.SendDirect will attempt to provide full continuity of the service and to repair the interruption within acceptable deadlines. SendDirect is not liable for damage resulting from the temporary unavailability of the website. SendDirect does not accept any liability if, contrary to SendDirect's advice, the customer demands that certain activities must nevertheless be carried out. SendDirect is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption. If SendDirect should be liable for any damage, SendDirect's liability is limited to the amount of the payment made by SendDirect's insurer.If in any case the insurer does not pay out or the damage is not covered by the insurance, SendDirect's liability is limited to the invoice amount, or at least to that part of the agreement to which the liability relates. The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of SendDirect or its subordinates.

The carriers we work with always strive to deliver a shipment from A to B as well and quickly as possible. Unfortunately, this does not always work. Our carriers give an indication of collection and delivery and no guarantee. If a shipment has been delayed, the carrier cannot be held liable for it. As soon as you have a shipment with a high value, we always recommend that you additionally insure your shipment with transport insurance. During checkout you will be given the option to select insurance up to € 100 or € 300 reimbursement. Once your shipment has transport insurance, you can file a claim with us for damage. If this is not the case, the carrier will unfortunately not be able to process your claim.

Proof of purchase or invoice

To submit an insurance claim, at least the following information must be provided to us:

In case of missing / lost:

  • Invoice / proof of purchase of the shipped product

  • Return certificate post office

  • Description of package appearance

In case of damage:

  • Invoice / proof of purchase of the shipped product

  • Photos of the outside of the package

  • Photos of the inside of the package, which also shows how the product is packaged

  • Photos of entire, damaged product

  • Photos of details of the damage

  • Description of the damage by the recipient of the package

  • Return certificate post office

The insurance will reimburse up to the current market value of a product. Products that, according to the carrier, cannot be shipped (see website PostNL, bPost, DPD or DHL) cannot be insured. The purchase amount and date of purchase must be stated on the proof of purchase or invoice. If these documents are not available, the insurer will make its own estimate of the current value. For more information, see our insurance conditions here . Always read these terms and conditions before purchasing insurance or sending a shipment insured.

 

Article 15 Complaints and prescription

Complaints should be submitted by the customer in writing or by e-mail to SendDirect within a reasonable time after the complaint has been discovered or could reasonably have been discovered. If a complaint is justified, the customer must give SendDirect the opportunity to still perform the work as agreed or to deliver a replacement product. If the performance of the agreed work or the delivery of a new product is no longer possible or useful, SendDirect will only be liable within the limits of Article 14 of these general terms and conditions.Rights of action and other powers of the customer for whatever reason towards SendDirect will in any case lapse after the expiry of 30 days from the moment at which a fact occurs that the customer can exercise these rights and / or powers against SendDirect.

Article 16 Suspension and termination

SendDirect is authorized to dissolve the agreement if the customer does not fulfill the obligations under the agreement. SendDirect is furthermore authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances otherwise arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected. SendDirect is authorized to suspend the fulfillment of the obligations arising from the agreement if, after the conclusion of the agreement, SendDirect becomes aware of circumstances that give good reason to fear that the customer will not fulfill the obligations.If there is good reason to fear that the customer will only partially or improperly fulfill his obligations, suspension is only permitted insofar as the shortcoming justifies it. SendDirect is authorized to dissolve the agreement, if the customer requests suspension of payments or if it is granted to the customer, if the customer is declared bankrupt or a request is made, if the customer is unable to pay his debts, proceeds to terminate or liquidate his business, is placed under guardianship, or in the event that an administrator or trustee is appointed. If the agreement is dissolved, the claims of SendDirect on the customer are immediately due and payable. If SendDirect suspends fulfillment of its obligations, it retains its rights under the law and the agreement.

Article 17 Retention of title

All products delivered and to be delivered remain the exclusive property of SendDirect, until all claims that SendDirect has or will acquire on the customer have been paid in full. As long as the ownership of the products has not passed to the customer, the customer may not pledge the products or grant any other right to them to third parties. The customer is obliged to keep the products that are delivered under retention of title with due care and as recognizable property of SendDirect. SendDirect is entitled to take back the products that have been delivered under retention of title and are still present at the customer if the customer is in default with the fulfillment of his payment obligations or is or threatens to have payment difficulties.The customer will at all times grant SendDirect free access to its sites and / or buildings to inspect the products and / or to exercise SendDirect's rights.

Article 18 Intellectual property rights

Any intellectual property right with regard to the website, the software and data provided by SendDirect to the customer remains with SendDirect. The customer is not permitted to reproduce, disclose or copy such data.

Article 19 Security and the internet

SendDirect will take appropriate security measures to protect the website against the risks of unauthorized access to or alteration, destruction or loss of the data entered by the customer via the website, but SendDirect cannot guarantee this.

Article 20 Shipping credit

Shipping credit is a personal credit that allows SendDirect customers to pay for all or part of their shipments on the SendDirect websites.

SendDirect customers can save shipping credit when purchasing various shipments. For each shipment it is indicated whether the customer is saving shipping credit. In addition, customers can choose to purchase shipping credit as credit to pay for shipments more easily and faster without other payment methods.

Send credit can only be used on one of the SendDirect websites. Furthermore, this credit is not exchangeable for money or divisible with other customers. In addition, the shipping credit is valid for 1 year. SendDirect reserves the right to debit expired shipping credit from the customer's account without notice.

Article 21 Final provisions

The version of the general terms and conditions that applied at the time of the conclusion of the agreement is always applicable, unless the customer has accepted the validity of a revised version of the general terms and conditions after the conclusion of the agreement. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation. Dutch law applies to every agreement between SendDirect and the customer. All disputes with regard to agreements between the customer and SendDirect will be submitted to the competent court in the district where SendDirect is located, insofar as the legal provisions allow this.

(last change March 4, 2019)