Smartmile Terms and Conditions of Use

1. Terms and Conditions of Use

(1.1) By using the Smartmile service, the User accepts these Terms and Conditions and agrees to comply with them when using the Smartmile service. Please do not use Smartmile if you do not agree to these Terms of Service in its entirety. These Terms of Use only apply to the use of the Smartmile service, not the purchase and delivery agreements between Partners and Users. Use of Smartmile requires a mobile phone and a mobile phone subscription. Please note that you can register for the service and use the service as a single person. If the User uses a Smartmile service for a company, association or other legal person, the User is assured of being eligible to represent that legal entity.

2. Definitions

“Partner” means an e-commerce, transport or postal company or any other partner with Smartmile who concludes a co-operation agreement that implements the delivery of their products or their transport network to Users through Smartmile.

“Smartmile” means Smartmile Nederland B.V., Papendorpseweg 95, 3528 BJ Utrecht
Netherlands, Business ID 66127769, and Smart Mile Solutions Oy, Väinö Linnan aukio 15, 33210 Tampere, Finland, Business ID 2834513-1, if you are in Finland.

“Smartmile App” means Smartmile’s digital application called Smartmile, through which you can subscribe to Partner´s Products or shipping services rerouting to the Smartmile Pick-up point or any other Smartmile service location available to you.

“Smartmile Service” means both the Smartmile application, Smartmile websites [smartmile.fi, fi.smartmile.rocks, smartmile.eu, smartmile.nl], Smartmile automated parcel terminals and other locations mentioned on the Smartmile websites, as well as related telecommunication and logistics services.

“User” means a natural or legal person using Smartmile.

3. Smartmile

 For users in the NetherlandsFor users in other countries
Name:Smartmile Nederland B.V.Smart Mile Solutions B.V.
Business Name:Smartmile
Business Name:Papendorpseweg 95, 3528 BJ Utrecht
Netherlands
Papendorpseweg 95, 3528 BJ Utrecht
Netherlands
Business ID or equivalent registration number:6612776966127769
VAT registration number:NL856406247B01NL856406247B01
Email address:klantenservice@smartmile.euklantenservice@smartmile.eu

4. Description of the Smartmile service

4.1. Smartmile acts as an intermediary between the User and the Partners and provides a platform for the User to control, deliver, and ship Transmissions from the Partner. The user creates a user profile in the Smartmile service where he / she selects the preferred delivery point and other necessary contact information and receives the unique and personalized virtual delivery address including the User’s unique Smartmile ID that he or she uses when ordering the Smartmile service.

4.2. When a user purchases merchandise or transport service form a partner’s online store, a binding agreement exists between the Partner and the User on the purchase of Partner Products and Services (“Purchase Agreement”). Smartmile is not responsible for whether or not the Partner complies with its obligations under the contract.

4.3. By choosing the Smartmile delivery location and the unique Smartmile User account as a delivery method from a partner, the User makes a binding order delivery to the Smartmile service (“Order”). Smartmile is the responsible party for performing the service according to these terms.

4.4 Completed Orders from Smartmile are binding and cannot be canceled or terminated after the Order has been made with Smartmile. Please carefully check your Order before sending it to Smartmile.

5. User Accounts

5.1. In order to use the Smartmile service, you must create a user account in according to the instructions presented by Smartmile. The user accounts are personal. The user’s account information and other similar information are confidential and the User agrees to not share the information with a third party. One User may only have one user account.

5.2. If the User suspects their account is being used by a third party, or if a third party is aware of the information or a third party has access to a user account, the User is obliged to inform Smartmile immediately. The user is responsible for any use of his or her user account.

6. Payments

6.1. The use of the Smartmile service in Netherlands is currently in a pilot phase and is free of charge for the User during the pilot phase. After the pilot phase, the Smartmile service becomes a paid service so that the use is charged to the User either monthly or per order payment, depending on the User’s choice.

6.2. Users will be notified in time before the end of the pilot phase, about the changes to the Smartmile service, the terms of payment, the payment bases and about the right to withdraw, at any time. Users may rescind from the Smartmile service or commit to the new terms and conditions with payment.

7. Order Delivery

7.1. User Subscription will be provided by the User’s Service to the selected Smartmile Parcel Automate, a Logistics Center or other Possible Location during their operation hours (“Pickup Point”).

7.2. Upon receipt of the order at the user’s stated pickup point, the user receives a unique, pickup code by text message or by app notification to the mobile phone number or an email to the email address registered with the Smartmile Service. The user must be able to be reached under the mobile phone number and / or email he / she has announced to Smartmile. If the User’s phone number and / or email cannot be contacted, Smartmile or its Partner will cancel the delivery. The User can then be charged for the order storage, return and transport costs.

7.3. The order can be picked up from the pickup point within a week from the time of arrival of the order pickup code sent to the user’s mobile number or email. If the User does not pick up the order within this time, the Order will be returned to the Partner, and the User may then be charged for the Order’s return and shipping costs.

7.4. The Smartmile service will only handle parcels whose content is legally permitted to be transported via the respective national postal service network and whose maximum dimensions are 58,5 cm x 36 cm x 61 cm and weight is no more than 31 kg. The User has to make sure that his / her orders do not exceed these limitations.

7.5. In addition, Smartmile cannot handle orders that are not sufficiently and carefully packed or are subject to restrictions such as compulsory verification of the recipient’s age, customs clearance, receipt of the Order or Shipping Fee.

7.6. If the order arriving to Smartmile does not meet the conditions set forth herein, Smartmile may, at its own discretion, return the Order to the Partner, leave the order at the Smartmile Logistics Center for the User to gather, or make an agreement with the User for any other delivery. The User can then be charged for the storage, return and transport costs of the Order and other handling costs incurred.

7.7. If the delivery capacity of the selected Pickup Point by Smartmile Service is malfunctioning due to Exceptionally High Order Quantity, Technical Damage or other reason, and the Order cannot be delivered to the Pickup Point selected by the User, the Order will be transferred to Smartmile’s Logistics Center. Smartmile will then contact the User via mobile number or email registered with Smartmile or any other convenient way and will discuss the most convenient way of order delivery with the User.

8. Timing

8.1. During the pilot phase, Smartmile will aim to make all Orders arriving to Smartmile’s Logistic Center by 1 pm to be available for pickup at the selected pickup point on the same day. The delivery time and any other information regarding times provided by Smartmile or Partners to the User are only estimates. Smartmile or its Partners do not warrantee that the Order has been delivered to the pickup point by the estimated time period. Delivery times are affected by our partners’ logistic solutions, traffic, peak times and weather conditions.

9. Intellectual Property Rights

9.1. All intellectual property rights to the Smartmile service or associated documentation and parts thereof are solely owned by Smartmile and / or its subcontractors / licensors. “Intellectual Property Rights” means the intellectual property rights and copyrights (including the protection of Databases and lists and rights to the photographs), Patents, Utility Models, Design Rights, Trademarks, Trade Names, Business Secrets, Know-How and any other registered or unregistered intellectual property rights.

10. Other Terms of Use for the Smartmile Service

10.1. Smartmile service should only be used by people 18 years of age or older.

10.2. The User must comply with all applicable legislation and other regulations while using the Smartmile service, including legislation on the purchase of alcohol and tobacco.

10.3. Smartmile develops the Smartmile service on a continuous basis and we can remove or change the Smartmile service or its functions, including the features available on the Service, Delivery Methods, Pickup Points or Partners.

10.4. The User is responsible for acquiring and maintaining all the equipment and tools that are required to use the Smartmile service as well for the related costs.

10.5. The User shall not (i) use or attempt to use a Smartmile user account of another person or another person’s payment information on a Smartmile service or another person’s payment instrument without the approval of that other person; (ii) copy, modify or create derivative works from Smartmile or any related technology; (iii) re-model, disassemble, reverse engineer, decrypt or otherwise attempt to find out the source code for the Smartmile service or related technologies or parts thereof; (iv) remove any copyright or trademark or other similar rights from the Smartmile service; (v) remove, conceal or hide any advertisement belonging to the Smartmile service; (vi) collect, use, copy or transfer information received from Smartmile without Smartmile’s written approval; (vii) utilize bots or other automated tools meant for Smartmile service use; (viii) create an account for Smartmile services using other persons information or using false information; (ix) use Smartmile’s services via other user interfaces than the ones provided my Smartmile (Smartmile’s websites and Smartmile App)

10.6. Smartmile has the right to remove the User from Smartmile with immediate effect and / or to disallow or cancel any User Orders if (i) the User abuses the Smartmile service or causes damage to the Smartmile service or the Partners; (ii) the User repeatedly neglects to collect Orders from Pickup Points or does not act in accordance with their obligations under these Terms of Use; (iii) Smartmile has a reasonable doubt about the authenticity or the legality of the Order.

10.7. Smartmile handles personal information collected from the Users in accordance with its privacy statement

11. Validity and termination

11.1. These Terms of Use are valid for the User as long as the User uses the Smartmile service.

11.2. The User may stop using Smartmile at any time. Smartmile may terminate the services provided by Smartmile permanently or temporarily at any time.

11.3. When the User or Smartmile terminates the Smartmile services or Smartmile changes the service terms, all existing Orders will be delivered to the User, subject to the terms and conditions applicable at the time the Order was made.

12. Limitation of Liability

12.1. Smartmile’s Responsibility of The Order begins when the Order of the Customer and the Partner’s Purchase Agreement has been handed over to Smartmile at the Smartmile Terminal or at another site agreed by Smartmile and its Affiliate’s.

12.2. Smartmile’s liability for loss of or damage to the order is limited to a maximum of two to ten (20) euros per kilogram per Order weight, or up to the amount of the Order if its value is less than twenty (20) euros per kilo and up to a maximum of five-hundred (500) .

12.3. Smartmile In the Order-Based Payment Scheme, no payment from Smartmile’s User to the amount or month-based payment program charged by the Order is limited to the sum of the amount collected by Smartmile from the User during the preceding month. During the pilot phase (when Smartmile is used by the User free of charge) Smartmile cannot be held liable for any delay in the delivery of the Order.

12.4. Smartmile cannot be held liable for any indirect damages, including lost operating profit, net sales, business losses, lost information or business interruption.

13. Complaints

13.1. Please note that the Smartmile service may be interrupted or permanently or temporarily terminated at any time.

13.2. If there are any irregularities in the delivery of the Order, the User may contact Smartmile’s customer service team which operates on behalf of the Partner’s. Smartmile can be contacted via chat or via email that are provided in section 3.

13.3. The Partner is solely responsible for any irregularities relating to the content of the Order or otherwise for the fulfillment of the Purchase Agreement.

14. Applicable Law and Dispute Resolution

14.1. These Terms of Use are governed by Finnish law. If you are a resident in the European Union, you are under the protection of the Consumer Protection Act. Disputes arising from these Terms of Service will be settled at first instance in Espoo District Court. However, a consumer can always bring a lawsuit and be a defendant in the place where he resides. Consumers can also use the online dispute resolution service provided by the European Commission. The service is available at http://ec.europa.eu/odr.

15. Changes to Terms of Use

15.1. Smartmile may change these Terms of Service.

15.2. Smartmile publishes the amended Terms of Use on the Smartmile website and informs the User of any changes to the Terms of Conditions and Use via Smartmile’s websites or by email to the registered address that the User has provided to Smartmile. If the User does not accept the changed terms of use, the User will have to stop using Smartmile.

16. Transferability

16.1. Smartmile has the right to transfer all rights and obligations arising out of these Terms of Use to or from its partners, affiliates, its successors or Smartmile business without the User’s consent.

16.2. The User is not entitled to transfer all or part of the rights or obligations arising out of these Terms of Service.

Valid from: 21.02.2018