§1 General Provisions
1. These Terms and Conditions set out the rules and conditions for using the website available at www.nadaj.ambroexpress.pl (hereinafter: the “Website”), through which users may commission parcel delivery services from Ambro Express sp. z o.o. sp. k.
2. The owner and operator of the Website is Ambro Express sp. z o.o. sp. k., with its registered office in Przykona, ul. Przemysłowa 18, 62-731 Przykona, entered in the National Court Register (KRS) under number 0000635536, Tax Identification Number (NIP) 6681974952 (hereinafter: “Ambro Express”).
3. The Website enables users, in particular, to view Ambro Express’s range of transport services, calculate the price of a service, place an order for the carriage of a consignment, generate consignment documents and make payments.
4. Transport services are provided in accordance with applicable legislation and the Ambro Express General Terms and Conditions of Service, available at: https://ambroexpress.pl/regulamin-i-rodo.
5. Use of the Website implies that you have read and accepted these Terms and Conditions.
§2 Definitions
1. For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
a) the Website – the online platform www.nadaj.ambroexpress.pl enabling users to book transport services.
b) User – a natural person, a legal person or an organisational unit using
the Website.
c) Sender – the party handing over a consignment for carriage.
d) Consignee – the party designated as the recipient of the consignment.
e) Payer – a natural person, a legal person or an organisational unit making payment for a transport service ordered via the Website, whose details are
provided in the Order form for the purpose of making payment and issuing a sales document.
f) Consignment – goods accepted for carriage from a single consignor to a single consignee on the basis of a single consignment note.
g) Order – a request for the provision of a transport service submitted via the Website.
h) Consignment Note – a transport document generated on the Website.
i) COD (Cash on Delivery) – an additional service whereby the courier collects from the Recipient the sum specified by the Sender when placing the Order and transfers this sum to the Sender in accordance with the terms set out in the Ambro Express Terms and Conditions available at: https://ambroexpress.pl/regulamin-i-rodo.
j) Payment operator – PayPro S.A., which operates the Przelewy24 payment system.
§3 Terms of use of the Website and provision of transport services
1. The Website is an ICT platform enabling Users to familiarise themselves with the range of transport services provided by Ambro Express and to conclude a contract for the carriage of a consignment in accordance with the terms set out in these Terms and Conditions and in the General Terms and Conditions for the Provision of Services Ambro Express. Through the Website, the User may, in particular, calculate the price of a transport service, enter the data necessary for the transport, generate transport documents, including a consignment note, select available additional services, and make payment for the transport service.
2. The Website does not act as an intermediary platform between various carriers or entities providing logistics services. All transport services ordered via the Website are carried out exclusively by Ambro Express or by entities acting on its behalf as subcontractors.
3. Use of the Website requires a device capable of accessing the Internet and a up-to-date web browser that supports cookies and JavaScript. The User is responsible for ensuring the appropriate technical conditions for using the Website.
4. Ambro Express exercises due care to ensure the proper functioning of the Website, however, it shall not be liable for any disruptions or interruptions to its operation arising from causes beyond the Service Provider’s control, in particular from failures of telecommunications networks, Internet infrastructure or IT systems beyond Ambro Express’s control.
5. Ambro Express reserves the right to temporarily restrict or suspend the operation of the Website, in whole or in part, in order to carry out technical, maintenance or modernisation work, or work related to the rectification of faults.
6. An order for a transport service is placed via the form available
on the Website. In order to place an Order, the User is obliged to provide true and complete details necessary for the provision of the service, in particular the details of the Sender and the Recipient, precise address details, contact numbers, as well as the shipment’s specifications, including its weight, dimensions, number of items and type of packaging.
7. The User is obliged to provide information that is true and accurate. Should any discrepancies be found between the details provided in the Order and the actual shipment parameters, Ambro Express reserves the right to charge additional fees in accordance with the current Price List, to suspend the provision of the service or to refuse to carry it out.
8. The contract of carriage between the User and Ambro Express is deemed to have been concluded upon the User’s payment for the transport service via the payment system available on the Website. Once payment has been made, the User is able to generate a consignment note, which must be affixed to the consignment in such a way that it can be read by Ambro Express’s logistics systems.
9. The sender is obliged to prepare the consignment properly for transport,
in particular by packing it appropriately to ensure the safety of the consignment’s contents, other consignments carried in the same consignment and the safety of persons involved in the logistics process. The parcel should be packed in accordance with Ambro Express’s guidelines on preparing parcels for transport, available at: ambroexpress.pl/pliki-do-pobrania. The sender is also obliged to label the consignment correctly by affixing the consignment note generated on the Website in such a way that it can be read by Ambro Express’s logistics systems.
10. The Sender is responsible for the contents of the consignment and for ensuring that its nature
complies with applicable legislation and the provisions of these Terms and Conditions. In particular, the Sender is obliged not to send goods excluded from carriage by Ambro Express.
11. Ambro Express does not provide transport services for the following categories of goods:
a) perishable goods and goods requiring temperature-controlled transport,
b) items emitting odours that may affect other consignments,
c) high-value consignments, in particular cash, securities, cheques, bills of exchange, precious metals, precious stones, works of art, collectibles and financial documents,
d) plans, designs and prototypes,
e) household effects,
f) audio-visual and household appliances,
g) corpses and human remains,
h) live animals,
i) weapons and ammunition,
j) drugs, psychotropic substances and other substances whose trade is restricted by law,
k) goods which, due to their properties, may pose a threat to human health or life, or may cause damage to other consignments or to the property of Ambro Express or its subcontractors,
l) dangerous goods as defined by the ADR regulations and goods covered by the SENT system,
m) goods requiring special authorisations or the carriage of which is prohibited under applicable legislation.
12. Should it be established that a consignment contains goods excluded from carriage, Ambro Express may refuse to accept the consignment for transport, suspend its carriage, return it to the Sender at the Sender’s expense, or take other measures provided for by law.
13. Where a consignment cannot be delivered to the Consignee and must be returned to the Sender, in particular due to the Consignee’s refusal to accept the consignment, unsuccessful delivery attempts, the prescribed number of delivery attempts having been exhausted, or other circumstances preventing successful delivery of the consignment, the return of the consignment to the Sender is subject to an additional charge.
A condition for returning the consignment to the Sender is that the User has first paid the fee for the return consignment. The fee for the return consignment corresponds to the price originally paid for the service of delivering the consignment to the Recipient. Until the required fee has been paid, Ambro Express may suspend the return of the consignment to the Sender.
14. When placing an Order via the Website, the User may select from the additional services offered by Ambro Express in connection with the delivery service, in particular the collection of the parcel, collection of the consignment, cash-on-delivery and consignment insurance. Additional services are provided solely at the User’s express request, made when placing the Order, and are subject to additional charges in accordance with the current Ambro Express Price List.
15. Ambro Express shall be liable for non-performance or improper performance of the transport service in accordance with applicable legal provisions, in particular the provisions of the Transport Law and the Civil Code, as well as in accordance with the provisions of the Ambro Express General Terms and Conditions of Service. The scope of liability may be subject to limitations arising from these provisions or terms and conditions.
§4 Payments
1. Payments for transport services ordered via the Website are made by electronic payment via the Przelewy24 payment system, operated by PayPro S.A., with its registered office in Poznań, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935.
2. Payment must be made for Ambro Express to accept the Order for processing. Until payment has been confirmed as successful, the Order may remain on hold and will not be processed.
3. Once payment has been made and successfully authorised by the payment system, a consignment note is generated and sent to the Payer’s email address as specified by the User
in the Order form on the Website.
4. Ambro Express accepts no liability for any irregularities, delays or interruptions in the processing of payments resulting from the operation of the payment system managed by the payment operator.
5. If payment is not successfully processed, the Order will not be accepted for fulfilment.
6. Ambro Express shall not be liable for the non-delivery of e-mails resulting from an incorrectly provided address or e-mail filters.
7. All settlements relating to payments made via the Website are conducted in Polish zlotys (PLN).
§5 Invoicing Rules
1. The sales document for transport services ordered via the Website is
issued in the form of an electronic invoice generated by the Fakturownia invoicing system.
2. The invoice is issued in the name of the Payer as specified by the User in the Order form on the Website.
3. The User is obliged to provide correct and complete details necessary for issuing the invoice and is responsible for their accuracy. If incorrect or incomplete details are provided, Ambro Express may not be able to amend the purchaser’s details or split the invoice between different entities.
4. The invoice is issued electronically in PDF format and sent to the Payer’s email address specified by the User in the Order form.
5. By accepting these Terms and Conditions, the User agrees to receive invoices in electronic form at the specified email address.
§6 Complaints and claims
1. Complaints regarding the provision of transport services, including in particular those concerning damage to, loss of or delay in the delivery of a consignment, are dealt with in accordance with the rules and complaints procedure in force at Ambro Express, which are available on the website: https://ambroexpress.pl/reklamacje.
2. Where a complaint has been lodged correctly and contains all the required information and documents, Ambro Express shall respond to the complaint within no more than 30 days from the date of its receipt, or, if further information or documents are required, from the date on which the missing information or documents are provided. The complaints procedure is conducted in accordance with the provisions of the Regulation of the Minister of Transport and Construction of 24 February 2006 on the assessment of the condition of consignments and the complaints procedure.
3. Complaints regarding payments made via the Przelewy24 payment system should be addressed directly to the payment operator, i.e. PayPro S.A. – the operator of the Przelewy24 system – in accordance with the complaint procedures in force at that operator.
4. In the event of technical problems relating to the operation of the Website, in particular problems with completing the Order form, making a payment or receiving consignment documents, the User may report the issue by contacting Ambro Express at the following email address: nadaj@ambro.pl
5. Ambro Express exercises due diligence to ensure that reports and complaints are dealt with efficiently; however, the time taken to resolve them may depend on the nature of the matter and the need to obtain additional information or documents.
6. A User who is a consumer has the right to cancel an Order whilst retaining the right to a refund of the fee paid for the transport service, provided that the notice of cancellation is delivered to Ambro Express before the service commences. The notice of cancellation should be sent to the following email address: nadaj@ambro.pl and must include at least the consignment or Order number, the User’s full name and confirmation of payment. A cancellation submitted after operational activities relating to the provision of the service have commenced, in particular after the order has been handed over for logistical processing, shall be ineffective, and Ambro Express reserves the right to full payment for the service. Refunds shall be made using the same payment method as that used by the User, unless the User agrees to a different method of refund.
§7 Final provisions
1. These Terms and Conditions are available on the Website in a manner that enables the User to familiarise themselves with their content, as well as to download, save and print them.
2. In matters not covered by these Terms and Conditions, the provisions of the General Terms and Conditions for the Provision of Services by Ambro Express and the provisions of generally applicable law shall apply, in particular the provisions of the Civil Code and the Transport Law.
3. Ambro Express reserves the right to amend these Terms and Conditions in the event of changes to legislation, changes to the scope of services provided, the introduction of new features on the Website, or for other important organisational or technical reasons.
4. Amendments to these Terms and Conditions shall come into force on the date of their publication on the Website, unless a different date of entry into force is specified in the amended Terms and Conditions.
5. Any disputes arising from the use of the Website shall be settled by the competent court in accordance with the law.
6. These Terms and Conditions shall come into force on the date of their publication on the Website.