TERMS AND CONDITIONS.MEEST Polska Sp. z o.o. (hereinafter referred to as the “Provider”) provides an individual (hereinafter referred to as the “Customer”) with the services of international express delivery of goods via myMeest on-line service, the goods having been purchased by the individual from the Seller with the delivery being organised to the depot of the International representative office in accordance with the term and conditions of this Standard Agreement.
on Provision of International Express Delivery Services by myMeest Service
PUBLIC OFFER AGREEMENT
on Provision of International Express Delivery Services by myMeest Service
PUBLIC OFFER AGREEMENT
1. General Provisions
1.1. This Agreement is concluded by the Customer giving a full and unconditional consent (acceptance) to the conclusion of the Agreement in full, without signature of a hard copy of the Agreement by the Parties.
1.2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an Agreement signed by the Parties.
1.3. The Customer confirms he has read and agrees to all terms and conditions of this Agreement and the myMeest Standard Terms of Service in full by way of acceptance.
1.4. This Public Offer Agreement shall be deemed accepted upon the Customer’s registration in his Personal Account on the Provider’s website mymeest.com or via the mobile app
myMeest Android and myMeest IOS.
1.5. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement and the myMeest Standard Terms of Service, which are an integral part of the Agreement.
2. Terms and Definitions
2.1. Public Offer Agreement means a standard agreement, a sample copy of which is posted at mymeest.com/pravyla-ta-umovy-korystuvannya
2.2. Acceptance means the Customer’s giving full and unconditional consent to the conclusion of this Agreement in full, without signature of a hard copy of the Agreement by the Parties.
2.3. Services means a Service or several Services of international express delivery (namely, international mail delivery services, their receipt at a depot, handling and processing at the Customer’s request), which are rendered by the Provider and specified in the relevant section of the Provider’s website mymeest.com/tariffs.
2.4. Customer means any capable individual who has visited mymeest.com and has accepted this Agreement or performed acceptance by registering through the service’s mobile app.
2.5. Provider means MEEST Polska Sp. z o.o. that provides the international express delivery services.
2.6. International Mail Processing Centre (hereinafter referred to as IMPC) means an operational department of a postal company which: processes international mail items; presents them to the customs authority for customs control and customs clearance; dispatches them to their destinations.
2.7. IMI means international mail items, which are packaged and registered in accordance with the requirements of the Universal Postal Union and the Rules for Provision of Postal Services, that are accepted for forwarding outside Ukraine, arrive in Ukraine and are also transited through Ukraine by the postal operator JV “Rosan”.
2.8. Mail Item means Goods (except those prohibited by the laws of Ukraine and the Seller’s country), which are packaged and prepared for forwarding in accordance with the laws of the Seller’s country and Ukraine, which are accepted from the Sellers, processed and forwarded by the Provider at the Customer’s request to the Customer’s selected country of destination, with the gross weight being not in excess of the established standards and requirements of the Provider.
2.9. Order means a tangible item purchased by the Customer from the Seller or delivered to the depot of the international representative office in the Customer’s name from an individual without a purchase procedure, which has been duly registered in the user’s Personal Account.
2.10. International Representative Office means a depot, its address being specified by the Customer for delivery of the Order and available at mymeest.com/buy
2.11. Seller means any individual or legal entity that renders the service of transfer (sale) of the goods and/or arrangement of their delivery to the depot of the International Representative Office for an appropriate fee.
2.12. Picking-up means a service of collection of a Mail Item from the pick-up point of the Seller-selected transport company by the Provider’s representative.
2.13. “OVERSIZED” means a Mail Item whose weight and/or dimensions exceed the dimension or weight limits of the cargo as approved by the company, and therefore it is forwarded solely subject to prior notification from the Customer and confirmation by the Provider, and may be split into several Mail Items, with each of them not exceeding the maximum weight and dimension limits.
2.14. Recipient means exclusively an individual who is the final recipient of the Mail Item and was specified by the Customer in the user’s Personal Account at the time when the Order of delivery to the destination country was being generated.
2.15. Additional Service means a service that cannot be rendered on its own but only as a supplement to the main service.
2.16. Personal Account means the Internet service for unassisted logistic activity of the Customers in the myMeest service system, which requires pre-registration at the following link.
2.17. CN23 means a customs declaration form which is automatically generated in the user’s Personal Account by consolidating the data entered by the Customer when registering the Order.
2.18. Carrier means a transport and logistics company that delivers the Mail Items, which have been handed over by the Provider, to the final Recipient in the destination country.
2.19. myMeest Standard Terms of Service (hereinafter referred to as the myMeest STS) means a set of provisions and instructions for using the Personal Account that govern the terms and conditions of operation of this service.
2.20. myMeest Service means a collection of services, products and software offered by the Provider at mymeest.com
3. Scope of Agreement
3.1. The Provider undertakes to provide, on the terms and in the manner stipulated by this Agreement and myMeest STS, the Customer with the Services of international express delivery (viz. the services of receiving and processing Orders at the depots of the international representative offices, with additional services listed in Paragraph 3.2 hereof, but without limitation, and the services of delivering Mail Items to the Customer), and the Customer undertakes to accept and pay for the ordered Services on the terms and in the manner stipulated by this Agreement and myMeest STS.
3.2. The list of the Services rendered by the Provider to the Customer shall be as indicated in this Agreement and/or myMeest STS, which are posted on the Website and include (but are not limited to):
3.2.1. Providing the Customer with the address of the depot of the International Representative Office for the arrangement of delivery of the Orders purchased from the Seller to the specified address;
3.2.2. The procedure for receiving the Orders at the depot of the International Representative Office;
3.2.3. The procedure for processing the Orders, which includes, but is not limited to, the use of all types of additional services hereunder, their storage and dispatch;
3.2.4. The procedure for delivering a Mail Item from the depot of the International Representative Office to the Ukrainian IMPC in the city of Lviv;
3.2.5. The procedure for transferring a Mail Item from the IMPC to the Carrier to ensure the delivery of the Mail Item to the Recipient in the destination country;
3.2.6. The procedure for customs clearance of Mail Items;
4. Provider’s Rights and Obligations
4.1. The Provider shall:
4.1.1. Comply with the terms and conditions of this Agreement;
4.1.2. provide the Customer with the high-quality Services specified in this Agreement;
4.1.3. Inform the Customer about the current Services and the terms of their provision on the Website mymeest.com;
4.1.4. Compensate for the caused damages in accordance with the decision on the complaint made by the Customer;
4.2. The Provider shall be entitled to:
4.2.1. Unilaterally suspend provision of the Services under this Agreement in case the Customer is in breach of the terms and conditions of this Agreement;
4.2.2. Receive from the Customer the information required for provision of the Services;
4.2.3. Involve third parties to ensure provision of the Services within the scope of this Agreement (including, but not limited to, freight forwarders, carriers, customs brokers, etc.) without the Customer’s consent;
4.2.4. Modify the terms and conditions of provision of the Services and their price rates by way of publishing the relevant information on the official Website and/or notifying the Customer through the user’s Personal Account or to the Customer’s e-mail address;
4.2.5. Unilaterally modify the provisions of the Agreement and the STS by way of updating them on the official Website;
4.2.6. Request additional documents confirming the identity of the Customer and/or the Recipient and the legality of the purchases and the use of the credit card. This measure shall be applied selectively and may, in particular, be aimed at preventing credit card fraud;
4.2.7. Other rights in accordance with the applicable laws of Ukraine and this Agreement.
5. Customer’s Rights and Obligations
5.1. The Customer shall:
5.1.1. Familiarise themselves with the provisions of this Agreement and the STS prior to registration on the Provider’s website or in the mobile app;
5.1.2. Pay for and receive the Services under the terms and conditions of this Agreement in a timely manner;
5.1.3. Use the Personal Account in compliance with myMeest STS;
5.1.4. Supply the Provider with the information on the contents/characteristics of the Order and other information at the request of the Provider or the International Representative Office;
5.1.5. Compensate for the damages incurred by the Provider or third parties engaged by the Provider in provision of the Services under this Agreement as a result of providing false information concerning the contents/characteristics of the Order or the personal data of the user of the Personal Account;
5.1.6. Comply with the list of prohibited goods.
5.2. The Customer shall be entitled to:
5.2.1. Receive the Services in accordance with the terms and conditions of this Agreement;
5.2.2. Request information from the Provider about provision of the Services hereunder by the latter;
5.2.3. Inquire whether the Provider can render Additional Services not provided for by this Agreement.
6. Price of Services and Terms of Payment
6.1. The information about the current price of the basic and additional Services is displayed on the official website of the Provider’s service at mymeest.com/tariffs. The final price for a Mail Item shall be formed by adding up the prices of all basic and additional Services and generating a corresponding invoice in the Personal Account.
6.2. The Customer shall pay for the Services of myMeest service by topping up the balance in the Personal Account via the eCard payment system (on the terms and conditions of this payment system). The balance in the Personal Account can be topped up by Visa and MasterCard bank cards or via GooglePay.
6.3. In exceptional cases, with the consent of the Provider, payment for certain additional services may be made directly to the International Representative Office via PayPal to the personal account of a given International Representative Office.
6.4. The price of the Services of international express delivery of a Mail Item to be paid by the Customer shall be generated in the Personal Account in the currency of the depot of the International Representative Office where the Mail Item was processed. There are 3 foreign currency accounts available:
6.5. In the event of incorrect topping-up of the balance by the Customer, currency conversion within one Personal Account shall be performed by the customer service department email@example.com after the latter receives a written request for conversion from the Customer, at the National Bank of Ukraine’s cross-rates effective on the date of conversion.
6.6. In the event of incorrect topping-up of the Personal Account balance by the Customer, the latter may recover the funds by contacting the customer service department at firstname.lastname@example.org.
6.7. In the event that myMeest service agrees to return the funds from the Customer’s Personal Account balance upon receiving a written request from the latter at email@example.com, such funds shall be returned only to the card from which they were credited to the Customer’s Personal Account balance.
6.8. The price of delivering a Mail Item from the depot of the International Representative Office to the destination country shall be calculated based on the actual weight of the prepared Mail Item after it has been processed by the depot staff on the instructions of the Customer, with the package weight being taken into account.
6.9. The final price of delivering a prepared Mail Item shall include the price of the delivery service and additional services specified by the Customer at the time of preparing this Mail Item.
7. Liability of Parties and Procedure for Disputes
7.1. General Provisions
7.1.1. The Parties shall be held liable for failure to perform or improper performance of their obligations under this Agreement.
7.1.2. The Parties shall be exempted from liability for partial or complete failure to perform obligations under this Agreement, if such failure was caused by the circumstances beyond their control (force majeure).
Force majeure means: wars, natural disasters, blockades, earthquakes, floods, acts by public authorities of the country of which the Customer is a resident, or of the country of which the Provider is a resident (including International Representative Offices), which prevent the Parties from performing their obligations.
The Party affected by force majeure shall notify the other Party in writing within 24 hours of its occurrence. The occurrence and effects of force majeure shall be confirmed by a certificate from the Chamber of Commerce or another authorised government body.
7.1.3. The Parties shall strive to settle all disputes arising from this Agreement or in connection therewith amicably by way of negotiations.
7.1.4. Should it prove impossible to resolve the respective dispute amicably by way of negotiations, it shall be settled in court in accordance with the applicable laws of Ukraine/Uzbekistan.
7.2. Provider’s Liability
7.2.1. The Provider’s liability shall be limited to the following:
220.127.116.11. In case of damage to a Mail Item for reasons attributable to the Provider, the latter shall pay the Customer a compensation in the amount established by the claims department of the Carrier or the Provider as selected by the Customer at the time of registration of this Mail Item, within the scope of its declared value;
18.104.22.168. In case of loss of a Mail Item for reasons attributable to the Provider, the latter shall pay to the Customer a compensation in the amount declared, but not more than 100 EUR, and the price of delivery of this Mail Item if it has already been paid by the Customer;
22.214.171.124. In the event that the Seller charges the Customer an additional fee or penalty due to the Provider’s unjustified delay in Picking-up the cargo, including, but not limited to, the absence of the documents provided by the Customer, refusal to hand over the Order by the representative of the collection point, the Provider shall pay the Customer a compensation in the amount of the damages caused, which shall be equal to the price of return delivery;
7.2.2. The Provider shall not be held liable for:
126.96.36.199. Shortage of cargo or discrepancy between the contents and the description, provided that the the outer packaging is intact;
188.8.131.52. Damage or internal shortage of the Order due to failure by the Customer or by the Seller to comply with the requirements for its packaging or labelling;
184.108.40.206. Delays in delivering a Mail Item to the IMPC of Ukraine due to improper registration of the Mail Item in the Personal Account or preparation of the CN23, which is regulated by myMeest STS;
220.127.116.11. Delays in delivering a Mail Item during the period when the country, in whole and/or in part in the region of the Recipient, or in the region of the depot of the International Representative Office which dispatches and/or acts as a transit depot, is affected, in particular, by abnormal events, adverse and difficult weather conditions that impede the performance by the Provider of his obligations concerning the timely delivery of the Mail Item;
18.104.22.168. Damage to a Mail Item as a result of receiving an Order at the depot of an International Representative Office and/or its handover to transportation, after registration by the Customer, the shipping documents for which did not specify its special properties that require special conditions or precautionary measures for its preservation during transportation or storage;
22.214.171.124. Loss of a Mail Item (part thereof), if it is established that such a fact was recorded after the Mail Item had been handed to the Recipient, subject to the following conditions: the Order was accepted and the Mail Item was handed over in compliance with all established requirements, with no external damage to its packaging;
126.96.36.199. Damage to the cargo during its transportation, which was caused by repackaging of the Order during its splitting and/or removal of additional packaging at the request or with the consent of the Customer;
188.8.131.52. The Customer’s indirect losses or lost benefit/profit regardless of the nature of their origin.
184.108.40.206. In case of a delay in delivery of the Mail Item for reasons attributable to the Provider, the latter shall compensate the Customer for 10% of the price of the services of transportation of this Mail Item (excluding the price of Additional Services), for each day of delay, but not more than 100% of the price of the delivery service.
220.127.116.11. The Provider’s liability for preservation of the Mail Item shall cease upon its handover to the Recipient by the Carrier.
7.3. Customer’s liability
7.3.1. The Customer’s liability shall be limited to the following:
18.104.22.168. The Customer shall be fully and solely responsible for all adverse effects (damage to the contents of the Order, deformation, etc.) in case the Seller uses improper packaging for the Mail Item (the packaging that does not meet the specifics of the Mail Item, its weight or established standards, specifications and packaging requirements) and in case special labelling is missing.
22.214.171.124. The Customer shall be fully responsible for any damage caused to third parties whose mail items were transported or stored together with the Customer’s Mail Item that contained any type of chemical, acid or another hazardous substance inside.
126.96.36.199. In the event that financial sanctions, penalties or other forfeits provided for by the Customs Code of Ukraine and other legislation of Ukraine are imposed on the Provider and/or third parties engaged by him (in accordance with Paragraph 4.2.3) as a result of the Customer having provided incomplete and/or false information and documents, having committed other violations, as well as in connection with the Customer having failed to provide in a timely manner the documents and information required for a customs declaration, the Customer shall be held liable to the Provider in the form of a penalty in the amount equal to the amount of the financial sanction imposed on the Provider, or the amount of the fine imposed on the third party engaged by the Provider, or the amount of other types of financial liability imposed on the Provider or the engaged third parties.
188.8.131.52. If it is established during the delivery of the cargo by the Carrier that the contents of the Mail Item are missing in whole or in part while the packaging is intact and the consolidation service has not been requested, the responsibility shall lie with the Customer or the Seller.
184.108.40.206. The Services shall be deemed rendered to the Customer from the moment that the Customer or the Recipient in the destination country receives the prepared parcel.
8. Term of Agreement
8.1. The Agreement shall enter into force upon the Customer’s registration of the Personal Account on the Provider’s website at mymeest.com or via the Provider’s mobile app (referred to in Paragraph 1.4.)
8.2. The Provider may modify the Agreement or myMeest STS without any special notice. The only current version of the Agreement is posted at mymeest.com/pravyla-ta-umovy-korystuvannya. Continued use of the Services by the Customer after the change of the current terms and conditions of the Agreement, which will be posted on the Provider’s website, shall be considered as the Customer’s consent to and acceptance of the changes and amendments.
8.3. The current version of the Agreement automatically invalidates the terms and conditions stipulated in the previous version.
8.4. The Provider reserves the right to unilaterally terminate the provision of the Services to the Customer in case of any breach of any condition of this Agreement by the latter.
8.5. The term of the Agreement shall be limited by the performance of all obligations by the Parties in accordance with the terms and conditions of this Agreement.
9. Personal Data Protection
9.1. The Provider undertakes to respect the privacy rights of the Customer and/or the visitor of his own site. The personal information about each of our Customers is securely stored in the myMeest database and is protected in accordance with the Law of Ukraine “On Personal Data Protection”.
9.2. By registering on the Provider’s website, the Customer automatically agrees to the processing of the personal data (any information indicated by him in his Personal Account, including, but not limited to, information about the last name, first name, patronymic, passport data, contact telephone numbers, etc. (hereinafter referred to as Personal Data)) by the Provider for the purpose of:
- Identifying the Customer on the Provider’s website
- Processing, performing and delivering orders/parcels
- Tracking and confirming orders/parcels
- Managing loyalty programmes, promotions and special offers
- Marketing, polling and advertising of goods and services
- Conducting research and analysis
- Creating and managing the Customer’s invoices and payments
- Ensuring communication between our representatives and the Customers (in accordance with Paragraph 4.2.3)
- Improving the service
9.3. The Provider undertakes to keep the Customer information as long as the Customer’s user account and an active payment account exist. For myMeest Customers, the Provider shall use lawful and reasonable security measures to protect personal information and restrict access thereto accordingly.
10. Provider’s Details
Meest Polska Sp. z o.o. z
39-200 Dębica, ul. Drogowców 7
TEL: +48 146-818-484