PriPost – General Terms and Conditions

Article 1 – Definitions

These terms and conditions apply to agreements concerning the provision by the private company PriPost BV of a Postbox number and the associated services.

General Terms and conditions
These terms and conditions b. Agreement: An electronic or physical form that has been completed by and approved by PriPost, by means of which PriPost assigns a Postbox number to the Account holder, with accompanying attachments, including these General Terms and Conditions.

Agreement
The agreement is concluded between PriPost and the account holder after the account holder has registered or logged into the PriPortal and accepted these General Terms and Conditions.

The Service providor
PriPost

Account holder
The legal person, partnership, partnership or natural person who enters the Agreement with PriPost.

Consumer
A consumer is a private individual who acts for purposes that fall outside his business or professional activity. Business accounts are therefore not seen as consumers.

Postbox number
letter and number with corresponding address specified in the Agreement to which consignments destined for the Account holder must be addressed;

(Subscription)period
One calendar month

PriPortal
The online customer portal that is managed by PriServices B.V.

Settings
The Postbox settings that the mailbox holder can determine himself, including the scanning, forwarding and storage of mail, as well as the possibility of filtering advertising and other settings.

Depot
An online ‘e-wallet’ which is filled by the Account holder and where PriPost charges the costs of the services.

Article 2 – Applicability

2.1
These general terms and conditions apply to every legal relationship between PriPost and third parties and any agreement and/or legal relationship between PriPost and the Account holder.

2.2
If the agreement is concluded electronically, the text of these general terms and conditions can be made available electronically to the Account holder in such a way that it can easily be stored by the Account holder on a durable medium. If this is not reasonably possible, before the agreement is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the Account holder by electronic means or otherwise.

2.3
In the event that in addition to these General Terms and Conditions also specific product or service conditions are applicable, is the second paragraph, mutatis mutandis, and the in the event of conflicting terms the Account holder can always rely on the applicable assay that is most beneficial to him.

2.4
PriPost provides the Account holder with the Postbox number that is mentioned in the Agreement.

2.5
PriPost collects and handles the received mail that are destined for the Postbox number in accordance with the settings that the Account holder has indicated using the appropriate electronic form. If the Account holder does not have this set (yet), the default settings always apply.

2.6
The general terms and conditions drawn up and/or used by the Account holder are rejected by PriPost and therefore do not form part of the Agreement.

Article 3 – Obligations Account holder

3.1
The Account holder must have a residence or residential address and/or establishment address, which he must state in application procedure.

3.2
Good communication between us as a service provider and you as an Account holder can be important. Partly for this reason, the service provider’s communication with the Account Holder will primarily take place via PriServices. It is up to the Account Holder to ensure that the communication tools used by PriServices are maintained/installed by the Account Holder and that the Account Holder is accessible. The service provider is not liable if messages sent by or on behalf of the service provider cannot be received or read by the Account Holder. Through the customer portal, the service provider provides the option to view and/or download mail and read messages in a secure environment. The Account Holder is responsible for consulting the files and messages made available by the service provider.

Through PriPervices, the service provider will use push notifications via the app and email to inform the Account Holder of important messages. However, it is the Account Holder who remains responsible for receiving and reading messages and keeping his or her account active. The service provider and/or its affiliated companies are not liable if messages or push notifications have been sent by or because of a service provided by the Account Holder and these cannot be received or read now that messages are always available in the portal.

3.3
​​Because PriPost is legally obliged to check the identity of its customers, the Account holder must cooperate in this by giving access to an official proof of identity.

3.4
In a case other than a private application, the Account holder must also submit a UBO statement and a recent extract from the Chamber of Commerce (up to 3 months old) showing that the applicant is authorized to represent the legal entity.

3.5
In the event of an (address) change and/or doubt about the accuracy of the data provided by the Account holder, PriPost may request additional proof.

3.6
The Account holder is not allowed to use the Postbox for activities in violation of the law, illegal activities/shipments or for any purpose other than as postal address and/or for the receipt of shipments. The Account holder safeguard PriPost against all damage and costs if the Account holder violates the provisions of this paragraph.

3.7
The Account holder is obliged to keep the login details to the PriPortal secret and under no circumstances to provide it to third parties. If there is a suspicion that this information can be used by third parties or has been misused, the Account holder can request free of charge new login details. Also if PriPost suspects abuse, it can provide new login details and/or ask for additional verification from the Account holder.

3.8
The Account holder must inform PriPost immediately if there is a change in the information provided to PriPost for the purposes of the Agreement.

3.9
The Account holder must inform his/her relations about the mention of the Postbox number in the address. If this is not possible due to technical reasons, PriPost will hold the exact consignee as Account holder. If the addressee cannot be reshuffled to the correct Postbox number, the mail will be returned to the sender with the request to address the mail correctly.

3.10
In the absence of a Postbox number, PriPost may charge the Account holder separately for each item of mail unless it can make it plausible that the Postbox number is not possible for automation reasons.

3.11
Any change that the Account holder makes to the agreement and/or the settings during the term of the agreement is also covered by this agreement.

3.12
The Account holder is responsible for the correctness of any additional (company) names that are added as addressee to the relevant postbox. By adding these names, the Account holder explicitly indicates that he has a relationship with the persons and/or companies and is authorized to receive mail for these persons. At the first request of PriPost, the Account holder submits proof of this.

Article 4 – Change of General Terms and conditions

4.1
PriPost reserves the right to change or terminate the general terms and conditions, if this is justified from the viewpoint of its business operations, also considering the interests of the Account holder(s) concerned. PriPost will always inform the Account holder of such a change.

4.2
If the Account holder does not agree with a change as referred to in the previous paragraph, it has the right to cancel the Agreement, subject to (if applicable) the notice period. PriPost will in that case proceed to refund the remaining balance in the deposit.

Article 5 Activation and reimbursements

5.1
Immediately after the online request and the confirmation e-mail, the Postbox number is available for the Account holder to use and communicate.

5.2
PriPost uses a primarily a prepaid payment system with which the costs incurred are settled by PriPost. The Account holder gives authorization to settle the funds in the e-wallet with outstanding and due amounts.

5.3
The Account holder is obliged to deposit the indicated amount into his e-wallet within 14 days after the application. Hereafter, the application and the claim to the reserved Postbox number expire.

5.4
PriPost is entitled to change the amount of the minimum balance in the e-wallet if the quantity of mail, the frequency of sending, the location or the weight of the shipments give cause for this.

5.5
The rates stated on the PriPost website can be changed in the interim. Rates which are indicated as weekly rates are charged on the Monday where a part of a week is seen as a whole week. Rates which are indicated as monthly rates are charged monthly on the day on which the application has taken place, whereby a part of a moon is seen as a whole month.

5.6
Any costs for depositing funds in the e-wallet will be charged to the Account holder.

Article 6 – Depot, deposit, direct debit & invoicing

6.1
The Account holder is obliged to keep sufficient balance in his e-wallet in order to be able to process the incoming mail and to pay the current costs.

6.2
If the balance in the e-wallet falls below a certain level, the Account holder will receive the request by email to top up the balance in his e-wallet.

6.3
If the Account holder uses the option to use direct debit to deposit funds in his e-wallet, the following conditions apply:

  1. The amount of the direct debit depends on the amount of mail, the settings and the chosen subscription.
  2. As soon as the balance in the e-wallet reaches the threshold amount, you will receive this via e-mail and a withdrawal from you bank account will take place within a few days. The drawn amount is then deposited in your e-wallet.
  3. In order to make use of the direct depot option, PriPost may require that a security deposit is paid or settled. The amount of this security deposit depends on the amount of mail that PriPost processes and can be adjusted.
  4. The account holder must at all times leave a minimum amount with which the item can still be processed in the last period after a possible termination.
  5. After termination of the agreement, the residual balance and the deposit will be refunded 9 weeks after termination.
  6. In the event of a reversal, the Postbox will receive the status STANDBY, at least mail items will not be processed.
  7. Account holder kan revoke or change an authorization issued once at any time. However, the Account holder is then responsible for the sufficient clearing of the balance in the e-wallet.
  8. PriPost complies with SEPA regulations

6.4
For companies it is possible, after consultation and approval of PriPost, to pay on invoice. In this case billing is possible afterwards with a payment term of 14 days. To qualify for this, a deposit must be paid that can be adjusted in time.

6.5
PriServices will send a user summary / invoice by e-mail to the Account Holder on behalf of PriPost within one week after the end of this period, or notify the Account Holder that it can be downloaded in the PriPortal..

Article 7 – Account status STANDBY

7.1
In the following cases the mail processing can be stopped, no registered documents are accepted and the Account Holder is given the status STANDBY:

    1. if the balance in the e-wallet is insufficient to cover 2 periods of subscription costs and one shipment by snail mail.
    2. if the e-wallet amount is insufficient to cover the costs for processing the mail.
    3. if one or more of the following documents are missing/invalid: – the Postbox agreement signed by the applicant (digitally)
      • Excerpt Chamber of Commerce / Commercial Register
      • Valid ID proof (Passport, Valid identity card, Dutch driving license, Dutch ‘vreemdelingen’ document)
      • UBO Statement
    4. if there is a suspicion of fraudulent or unlawful actions by the Account holder or an addressee.
    5. if the Account Holder is in arrears with another Pri service.

7.2 
The Account holder can review the status of his Account in the PriPortal. Only when the reason of STANDBY is resolved will post processing be resumed.

7.3 
If the account has a STANDBY status an additional charge can be applicable for, among other things, the storage of mail and administrative and operating costs. This however does not release the Account holder from the payment obligation.

Article 8 – Duration and end of the Agreement

8.1
The agreement is entered for one period and can be terminated with one full calendar month’s notice at the end of the current subscription period.

8.2
Termination can only be done by logging into the PriPortal and cancel the service by pressing the cancel button and selecting a cancellation date.

8.3
The Agreement ends in the following cases (whether or not interim):

  1. by dissolution of the Agreement in accordance with the provisions of the Civil Code;
  2. upon cancellation by the Account holder in accordance with article 4.2 of these General Terms and Conditions;

8.4
In the following cases PriPost has the right to cancel the Agreement with immediate effect by written notification to the Account holder without being obliged to pay damages in connection therewith:

  1. failure to comply with the Agreement after being declared in default and the Account holder is in default in the fulfillment of his obligations;
  2. in case of debt repayment, company liquidation, suspension of payments or bankruptcy of the Account holder;
  3. if there is a suspicion that the use of the Postbox and/or the Postbox number for purposes contrary to any legal provision and/or the purpose for which the Postbox is intended. This is at the discretion of PriPost;
  4. if complaints about serious and/or persistent breaches of the Dutch Advertising Code have been confirmed by a ruling of the Advertising Code Committee or if a court or a (legal) regulator has determined that there is abuse and/or improper use of the Postbox, including (but not limited to) the use of the Postbox for fraudulent activities and the use of the Postbox for misleading advertising.
  5. if Account holder also has an agreement with another Pri service and there is a payment arrears or acts in violation of the General Terms and Conditions of another Pri service.
  6. if due to or due to changes in the policy or conditions of PostNL M & S, PriPost is forced to do so.

8.5
If after the termination of the Agreement a positive balance remains in the e-wallet, PriPost will refund this via the service payment provider in the week following the month of termination. Subject to further agreements with the Account holder, shipments received afterwards will be returned to the sender or, if the sender is unknown, forwarded to the ‘Undeliverable Shipments’ department of PostNL.

8.6
Any additional banking costs for transferring funds abroad or alternative payment method will be charged to the Account holder.

8.7
Statutory cooling off period: a consumer has the right to cancel the agreement up to 14 days from the moment the agreement is entered upon without giving any reason. You will then be credited with the full deposit amount. To exercise this right, please contact us at customerservice@pripost.eu. We will then refund the deposit amount due within 14 days after registration of your cancellation through our service payment providor.

Article 9 – Liability

9.1
PriPost is not liable vis-à-vis the Account holder, regardless of the legal relationship, for damage resulting from the loss, damage or delayed (digital) delivery of items that it sends to and/or on behalf of the Account holder (including via PostNL) or to receive it.

9.2
For damage other than that referred to in Article 9.1, in so far as this is the result of attributable shortcoming of PriPost or any legal relationship or basis whatsoever, PriPost is liable to a maximum of 50 euros. If there is intent or gross negligence then the liability is limited to a maximum of 250 euros.

9.3
PriPost cannot be held liable for any consequential damage that Account holder experiences through or on termination of this agreement and/or if the Postbox is on STANDBY and/or attributable shortcoming.

9.4
The Account holder is at all times responsible for the content of the received mail items and/or packages in his Postbox. PriPost can never be held liable if the contents of a postal item or package are incorrect, incomplete and/or damaged. This applies to both receipt and forwarding to the Account holder.

9.5
The Account Holder is in agreement and expressly agrees that PriPost, whether a company is establishment or not, is entitled to receive mail on behalf of the Account Holder from the governments, official notification/letters and/or bailiffs and others. The content of such documents may result in the fact that the Account Holder must take immediate action. If the Account Holder has not instructed PriPost to scan such incoming (postal) items (via the mailbox settings), this may result that the Account Holder may not be informed or not timely informed of important or non-important mail items. The same also applies if the Postbox is in STANDBY mode due to insufficient funds, has not or not properly been set up, no valid or recent copy ID has been supplied or there is another reason that scanning of such documents does not take place, including when the account is not active. The parties agree that the risk of not responding or responding too late to such mail items is the sole responsibility and risk of the Account Holder. The parties also agree that PriPost, does not operate as an agent or in any other way represent the Account Holder and does not have any duty of care to forward received (postal) items that have not been expressly instructed so by the Account Holder via the Postbox settings in the PriPortal.

Article 10 – Usage Postbox, Parcels and left behind goods

10.1
Parcel shipments will be handled by PriParcel. Parcels received by PriPost are handed over to PriParcel for further processing. Parcels can become left behind goods if:

  1. the account holder has canceled his account;
  2. PriPost has canceled the account holder’s account in accordance with the provisions of these general terms and conditions;
  3. The customer has indicated that he does not want to enter into a PriParcel agreement
  4. the account holder has outstanding claims with PriServices
  5. the account holder no longer pays the storage costs for the shipment
  6. the account holder does not have the shipment forwarded or receives it despite PriPost’s summons

10.2
PriPost is free to dispose of the shipment at its own discretion and insight, regardless of whether the shipment represents value, three months from the moment that a shipment becomes a left-behind shipment. In no way can PriPost be held liable for loss, destruction of the shipment or the fact that the shipment is no longer available to the account holder, regardless of whether or not it represents value while the provisions of this paragraph have no influence whatsoever. on any outstanding claim of PriPost on the account holder. In addition, the account holder PriPost is not liable for any damage caused by the loss of the shipment.

10.3
PriPost postal addresses are exclusively intended for receiving regular mail addressed to the holder of the postal address. PriPost applies the fair use principle, which means that it must involve reasonable numbers of mail that correspond to a reasonable volume. If, in the opinion of PriPost, the fair use principle is violated, the user will receive a written warning with the request that the situation be normalized within 14 days. If the violation of the fair use principle continues, PriPost is entitled to terminate the agreement with a notice period of 30 days.
PriPost postal addresses are not intended to serve as a shipping or return address for mailing campaigns. If this is the case, PriPost is entitled to charge the actual costs incurred in connection with processing and inconvenience. Moreover, this can also be a ground for termination of the agreement.

Article 11 – Protection of (personal) data

11.1
PriPost uses the recorded data in the context of the Agreement for the execution of the Agreement and for a good service. The data is processed in accordance with the law. Consult the Joint Privacy Statement of PriServices for more information about the data processing.

11.2
PriPost reserves the right to provide personal data to third parties if there is a legal obligation to do so.

11.3
PriPost acts in accordance with and meets the requirements set in the WWFT (Dutch Act on Prevention of Money Laundering and Terrorist Financing).

11.4
PriPost processes the mail at all times by order of the Account holder. The Account holder determines in the settings how the mail will be processed.

11.5
With effect from 25 May 2018, in the context of the General Data Protection Regulation, PriPost is not a Data Processer for its customers. In processing, the mail is processed and not the personal data in the mail.

11.6
Paragraph 5 does not apply if the Account holder makes use of the scanning service of PriPost. In this case, the General Processing Agreement automatically enters into force. The Account holder automatically agrees to this when it has signed the General Terms and Conditions (digital). The General Processing Agreement states how PriPost guarantees the security of the personal data in the mail of its customers. The latest version of this can be found on the website of PriPost.

Article 12 – Complaints procedure

12.1
PriPost handles complaints in accordance with our complaints procedure.

12.2
Complaints must be submitted fully and clearly described to PriPost within 7 days after the Account holder has detected the defects.

12.3
Complaints submitted to PriPost will be answered within a period of 14 days from the date of receipt. When a complaint requires a foreseeable longer processing time, PriPost will respond within the period of 14 days with a notice of receipt and an indication when the Account holder can expect a more detailed answer.

12.4
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

12.5
In the event of complaints, the Account holder must first contact the customer service of PriPost. For complaints that cannot be resolved by mutual agreement, the Account holder must turn to Stichting Webwinkel Keur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is not yet found, the Account Holder has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur. The decision is binding and both PriPost and the Account Holder agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the Account Holder to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 13 – Disputes

13.1
Only Dutch law applies to agreements between PriPost and the Account holder to which these general terms and conditions apply.

13.2
If the parties do not fulfill the dispute settlement rules, both the Account holder and PriPost in the first instance must use mediation to come to a solution.

13.3
The Vienna Sales Convention does not apply.

Artikel 14 – Our data

Company name
PriPost BV

Head Office
Keurenplein 41, 1069CD Amsterdam (NL)

Postal address
Postbus 1000 / Box A1 , 2260BA Leidschendam (NL)

Administration
Ambachtsweg 85, 2641KW Pijnacker (NL)

CC no
65007956

VAT no
NL855943993B01

Registered with the ACM under number:
ACM/22/179476

End of general term and conditions (Version 2.3 /  31-05-2020)