Terms and conditions Logistics via PackFeed

Items

all products that PackFeed has designated as eligible for Logistics via PackFeed and that the Logistics via PackFeed Seller has placed in stock at the PackFeed warehouse, intended to be delivered to Customers.

PackFeed

PackFeed B.V., with its registered office in Hendrik-Ido-Ambacht and offices at Ecologieweg 4, 3343 LM Hendrik-Ido-Ambacht. For the Netherlands: VAT number NL865099716B01 and Chamber of Commerce number 89767071.

PackFeed fulfilment centre

the logistics centre designated by PackFeed, where PackFeed carries out Logistics via PackFeed.

User(s)

every visitor of the Platform.

User Terms

the General terms and conditions for business sales via PackFeed.

Terms and conditions Logistics via PackFeed

these Terms and conditions Logistics via PackFeed, including all appendices (where applicable).

Customer

every User of the Platform who proceeds to purchase an Item.

Logistics via PackFeed

the logistics services offered by PackFeed to Sellers in the Netherlands and Belgium.

Logistics via PackFeed label

a unique identification number referring to the relevant Logistics via PackFeed seller, the item, and its condition.

Logistics via PackFeed Seller

the Seller (for now admitted solely at PackFeed's discretion) who has accepted the Terms and conditions Logistics via PackFeed and has PackFeed handle their logistics (in whole or in part).

Unsellable Item

an Item that, in PackFeed's judgment, is damaged or defective, regardless of how, where, and when the Item became damaged or defective. An Item is also considered defective when the Customer has indicated upon return that it is defective.

Seller Account

the account created by the Business Seller in the Platform.

Stock Ceiling

the maximum number of Items a Logistics via PackFeed Seller may hold in stock at the PackFeed warehouse, set per individual Logistics via PackFeed Seller.

Seller(s)

every legal entity registered with the Chamber of Commerce in the Netherlands or the trade register in Belgium that has a VAT number, has accepted the quote and thereby the terms and conditions, and has been accepted by PackFeed as a Business Seller.

1. PackFeed has invited a number of Sellers to use Logistics via PackFeed. In addition, sellers can sign up for Logistics via PackFeed via the website or by contacting us by phone. PackFeed is free to decide which Seller(s) it admits to Logistics via PackFeed and which product categories and Items it opens up for Logistics via PackFeed. PackFeed owes no accountability whatsoever to Logistics via PackFeed Sellers in this respect.
2. By signing up for Logistics via PackFeed, the Seller accepts to be bound by these Terms and conditions Logistics via PackFeed. Upon acceptance of the Terms and conditions Logistics via PackFeed, the Seller also qualifies as a Logistics via PackFeed Seller.
3. The Logistics via PackFeed Seller accepts that PackFeed uses third parties to perform the Logistics via PackFeed service, including logistics service provider(s), service providers for software and other services, and carrier(s).
4. To participate in Logistics via PackFeed, the Logistics via PackFeed Seller must place Items in stock at the PackFeed warehouse in accordance with the provisions of article 4 of the Terms and conditions Logistics via PackFeed and the Inbound delivery conditions.

Logistics via PackFeed consists of the following services to be provided by PackFeed, detailed below and in the appendix:

• Storage of Items;
• Processing of inbound and outbound Items;
• Inventory management of the Items;
• Inventory administration of the Items;
• Advice on the stock levels to be held by the Logistics via PackFeed Seller;
• Packing and packaging for shipment;
• Handing items over to the carrier for transport to the Customer;
• Transport of items;
• Delivery of items to Customers;
• Handling of returned items.

For the services listed in article 3.1, the Logistics via PackFeed Seller must pay the compensation as set out in article 9 of the Terms and conditions Logistics via PackFeed.

1. Before the Logistics via PackFeed Seller can store Items in the PackFeed warehouse, they must announce the Items via the fulfilment portal. Announcement takes place as described in the Inbound delivery conditions.
2. The Items offered by the Logistics via PackFeed Seller to the PackFeed warehouse must meet the requirements set out in the inbound delivery conditions. For the avoidance of doubt: the transport of the Items to the PackFeed warehouse and the associated (transport) costs are at the expense and risk of the Logistics via PackFeed Seller.
3. Items that are not delivered in accordance with the instructions in the inbound delivery conditions and/or that do not (or no longer) fall within the eligible assortment may be refused by PackFeed, returned to the Logistics via PackFeed Seller, or brought into compliance with the inbound delivery conditions at the Logistics via PackFeed Seller's expense. PackFeed is not liable for any damage or costs of any kind arising from bringing Items into compliance with the instructions in the inbound delivery conditions.
4. PackFeed is permitted to destroy Items four weeks after receiving them, if those Items were returned in accordance with article 4.4 but were not accepted within 2 delivery attempts. In the event of destruction, PackFeed owes no damages and/or costs to the Logistics via PackFeed Seller. The costs of destruction are at the expense of the Logistics via PackFeed Seller.
5. The measures available to PackFeed as mentioned in this article do not affect PackFeed's other rights.
6. Upon delivery of the Items by the Logistics via PackFeed Seller, the waybill is signed for receipt only subject to reservations regarding damage and the number of pallets/parcels. Signing upon delivery does not constitute acceptance of the quality or the delivered quantity of Items. After signing for receipt, inspection takes place during the so-called "inbound process". The number of Items registered there is decisive in determining the number of Items PackFeed has received from the Logistics via PackFeed Seller. If damage at Item level is found during this inspection, PackFeed may charge the costs of any repair work on these Items to the Logistics via PackFeed Seller.
7. After the Logistics via PackFeed Seller has delivered the relevant Items to the PackFeed warehouse and they have been booked into stock by the PackFeed warehouse, the Logistics via PackFeed offering becomes visible in the fulfilment portal.

1. From the moment of actual delivery by the Logistics via PackFeed Seller at the PackFeed warehouse, the Items are covered by the fire and theft insurance taken out by PackFeed, or for the PackFeed warehouse. Any liability of PackFeed and the PackFeed warehouse towards the Logistics via PackFeed Seller is always limited to the amount paid out under the PackFeed warehouse's insurance in the case concerned, and is in all cases limited to 50% of the purchase value of the Items concerned.
2. The Items delivered by the Logistics via PackFeed Seller do not (with the exception of the provisions of article 7.2) become the property of PackFeed.
3. PackFeed makes every effort to prevent stock discrepancies. The Logistics via PackFeed Seller acknowledges that stock discrepancies cannot be avoided. If an Item has been missing for at least 30 consecutive days, this will be compensated on the next invoice. Compensation is based on weight and amounts to EUR 3.40 per kg. If an Item is found again, the compensation is reclaimed.
4. If the Logistics via PackFeed Seller no longer wishes to offer all or part of the Items stored at PackFeed via Logistics via PackFeed, they must inform PackFeed and the PackFeed warehouse. After confirmation of a return request, PackFeed delivers these Items within 10 business days to the address in the Netherlands and/or Belgium specified by the Logistics via PackFeed Seller.
5. PackFeed may refuse Items at any time and impose additional conditions, e.g. regarding the quantities and types (SKUs) of Items. PackFeed may also, without stating reasons, require the Logistics via PackFeed Seller to take back Items and no longer offer them via Logistics via PackFeed.
6. PackFeed applies a Stock Ceiling. The level of the Stock Ceiling is communicated to the Logistics via PackFeed Seller. The Logistics via PackFeed seller shall at all times make every effort to limit their stock. The Logistics via PackFeed Seller may not announce Items or deliver Items to the PackFeed warehouse once their Stock Ceiling has been reached. PackFeed is permitted to refuse Items and return them to the Logistics via PackFeed Seller if the Logistics via PackFeed Seller has reached their Stock Ceiling. Alternatively, PackFeed may accept the goods, in which case the Logistics via PackFeed seller owes a fee for this. If the returned stock has not been accepted after 2 delivery attempts, PackFeed may sell or destroy the stock without owing any compensation to the Logistics via PackFeed Seller. PackFeed may also adjust the Logistics via PackFeed Seller's Stock Ceiling at any time.
7. The stock level of the Logistics via PackFeed Seller's Items is measured daily and invoiced in accordance with the rates stated in the quote (where applicable) (stock price p/m). The Logistics via PackFeed Seller accepts that they cannot conduct or commission audits of the stock level. No distinction is made between sellable and unsellable stock.
8. The PackFeed warehouse uses a cycle count methodology, under which the entire stock of the picking locations present at the PackFeed warehouse is counted twice a year on behalf of PackFeed and its Logistics via PackFeed Sellers.
9. Items with a limited shelf life whose expiry date is at any point less than 100 days in the future no longer fall within the eligible assortment. These Items are destroyed by PackFeed, unless the Logistics via PackFeed Seller submits a request via their seller account to have the entire stock of the Item concerned returned to them. This request must be submitted before the expiry date is less than 100 days in the future.
10. PackFeed is permitted to return Items that have been stored in the PackFeed warehouse for more than 180 days to the Logistics via PackFeed Seller. If the returned stock has not been accepted after 2 delivery attempts, PackFeed is permitted to sell or destroy the stock without owing any compensation to the Logistics via PackFeed Seller. If an Item is returned after a sale, the 180-day period does not restart but resumes. In that case, the period during which the Item was not stored in the PackFeed warehouse does not count towards the 180-day period.

1. PackFeed ensures that sufficient suitable packaging material is available to ship the Items. PackFeed will also ensure that the required documents are added to a package, such as the packing slip or payment instructions. Note: when shipping a package, PackFeed may decide to send an Item without an outer box for the sake of efficient distribution.
2. The Logistics via PackFeed Seller agrees to all delivery methods offered by PackFeed to Customers on the Platform (such as, but not limited to, pickup points and delivery to neighbors). The delivery methods offered may be adjusted or expanded by PackFeed at any time.
3. The Logistics via PackFeed Seller acknowledges that PackFeed has the transport and delivery of the Items carried out by a carrier (e.g. PostNL). The carrier's terms of carriage apply to this transport, including the liability limitations applied by that party. PackFeed is not liable for delays in the delivery of Items to Customers. If an Item is lost during transport, PackFeed compensates the Logistics via PackFeed Seller as agreed in the carrier's terms of carriage.

1. The handling of Items returned by Customers is carried out by PackFeed as part of Logistics via PackFeed. Customers are informed by PackFeed on the Platform that Items must be returned to the PackFeed warehouse. The Logistics via PackFeed Seller will inform Customers accordingly.
2. Items returned by a Customer in accordance with article 7.1 will be assessed by PackFeed in line with the PackFeed returns policy. Based on this assessment, the Items are placed back into the Logistics via PackFeed Seller's stock (a so-called desirable return), or, if in PackFeed's judgment the Item is an Unsellable Item, returned to the Logistics via PackFeed Seller in accordance with article 7.4.
3. If the packaging of a returned Item is damaged, PackFeed may replace the packaging of the Item in order to place the Item back into the Logistics via PackFeed Seller's stock. PackFeed may replace the original packaging with blank packaging, carrying over any safety warnings and other legally required markings. The Logistics via PackFeed Seller warrants that they have not entered into any contractual arrangements with third parties that prohibit the aforementioned practice by PackFeed. The Logistics via PackFeed Seller indemnifies PackFeed against third-party claims in this regard.
4. As soon as the Logistics via PackFeed Seller's stock of Unsellable Items reaches 10 units, or one of the Logistics via PackFeed Seller's Unsellable Items has been in the PackFeed warehouse for 3 months, PackFeed will return all of the Logistics via PackFeed Seller's Unsellable Items to the Logistics via PackFeed Seller. Exceptions may apply in certain cases.
5. The Unsellable Items are delivered to the Business Seller at the address recorded by the Business Seller in the Seller Account. If the Business Seller fails to accept the Unsellable Items on two occasions, ownership of the Unsellable Items transfers to PackFeed without any further action being required.

Customer service for Items delivered under Logistics via PackFeed is provided by PackFeed as part of the service. PackFeed acts towards Customers on behalf of the Logistics via PackFeed Seller for questions about delivery, returns, packaging, and order status. For product-related questions, PackFeed may refer the Customer to the Logistics via PackFeed Seller.

1. For the services provided by PackFeed under Logistics via PackFeed, PackFeed charges the Logistics via PackFeed Seller the fees set out in the quote. The fees stated in this quote are exclusive of VAT. PackFeed may decide to adjust the fee list at any time. It is further agreed that any surcharges imposed by the carriers (such as PostNL, Instabox, and DHL) are also passed on to the seller. An example is the fuel surcharge charged by DHL. PackFeed will inform the Logistics via PackFeed Seller by email no later than 15 days before a price change takes effect. If the Logistics via PackFeed Seller has not instructed PackFeed to return their Items no later than 1 day before one or more changes to the fee list take effect, the revised fee list is deemed accepted by the Logistics via PackFeed Seller. From that moment, PackFeed is permitted to charge the revised fees as of the effective date.
2. The compensation payable by the Logistics via PackFeed Seller to PackFeed for the services purchased per Item, and any other costs PackFeed may charge under the Terms and conditions Logistics via PackFeed, are invoiced by PackFeed once per calendar month. For sellers with more than 1,000 shipments per month, invoicing takes place weekly. PackFeed is free to deviate from this and revert to monthly invoicing.
3. If the Logistics via PackFeed Seller fails to meet any payment obligation, whether or not under these Terms and conditions Logistics via PackFeed, PackFeed may suspend the Logistics via PackFeed Seller's use of Logistics via PackFeed and take the items into custody until the Logistics via PackFeed Seller has met their payment obligation.

1. The Logistics via PackFeed Seller warrants that:

• all Items, packaging, and markings on the packaging comply with applicable laws and regulations, including safety requirements, and are protected for internal transport;
• all Items meet the conditions specified by PackFeed or the PackFeed warehouse;
• all Items are delivered in accordance with the inbound delivery conditions;
• all Items are their property, and where a retention of title applies, they are entitled to trade them and store them with third parties;
• the Items are new, function properly, and show no defects;
• only Items designated by PackFeed within the product categories opened up by PackFeed are offered;
• they are authorized to offer these Items for sale on the website(s) or marketplaces (including Bol.com and Amazon) and to dispose of them, and that the Items offered are always the original Items and not counterfeit;
• the Items they offer do not infringe any rights (such as, but not limited to, intellectual property rights);
• they act in accordance with the guidelines and instructions of PackFeed and its PackFeed warehouse;
• they will not re-offer Items rejected by PackFeed and/or the PackFeed warehouse to the PackFeed warehouse;
• they do not offer Items that could damage the good name of PackFeed or the PackFeed warehouse.

2. The Logistics via PackFeed Seller shall indemnify and hold PackFeed harmless against all third-party claims and any other damage and costs suffered by PackFeed as a result of the Logistics via PackFeed Seller's failure to comply with the warranties in this article.

1. PackFeed may at any time, without stating reasons, decide to exclude the Logistics via PackFeed Seller from Logistics via PackFeed with immediate effect, or to impose additional requirements for participation in Logistics via PackFeed. PackFeed will do so, for example, if PackFeed suspects a breach of one or more of the applicable conditions, or in the event of fraud. PackFeed will also exercise this right if the offering or conduct of the Logistics via PackFeed Seller is or could be harmful to the good name of PackFeed or of third parties.
2. PackFeed may also decide at any time to no longer make the Logistics via PackFeed service and associated functionality available.

1. If Logistics via PackFeed is terminated, for whatever reason, PackFeed will make every effort to deliver the Logistics via PackFeed Seller's stock still present at the PackFeed warehouse at that time to the address specified by the Logistics via PackFeed Seller as quickly as possible, at the Logistics via PackFeed seller's expense. Stock of the Logistics via PackFeed Seller found in the PackFeed warehouse at a later time will likewise be delivered to the specified address. If the stock has not been accepted after two delivery attempts, PackFeed may sell or destroy the stock without owing any compensation to the Logistics via PackFeed Seller. The seller shall reimburse the costs incurred by PackFeed.
2. The Logistics via PackFeed Seller cannot claim any compensation from PackFeed in connection with the termination of the Logistics via PackFeed Sellership by PackFeed. The Logistics via PackFeed Seller hereby waives any right to any compensation or damages.

1. The Logistics via PackFeed Seller fully indemnifies PackFeed against all damage and/or costs of any kind arising from the failure to comply with one or more obligations under these Terms and conditions Logistics via PackFeed.
2. In its activities under these Terms and conditions Logistics via PackFeed, the Logistics via PackFeed Seller will fully comply with all applicable privacy laws and regulations. The Logistics via PackFeed Seller indemnifies PackFeed against all damage and/or costs of any kind in this regard.
3. With the exception of the provisions of articles 5(1), 5(3), and 6(3), or where damage is caused by intent and/or gross negligence on the part of PackFeed, PackFeed is in no way liable for damage and/or costs of any kind incurred by the Logistics via PackFeed Seller arising from the use of Logistics via PackFeed by the Logistics via PackFeed Seller.
4. PackFeed is not obliged to perform any obligation arising from the Terms and conditions Logistics via PackFeed if it is prevented from doing so by force majeure, which also includes a force majeure situation at the PackFeed warehouse and/or the carrier, e.g. in the event of a strike, power outage, internet outage, or a corona outbreak in the warehouse. In that case too, PackFeed is in no way liable for damage and/or costs of any kind at/of the Logistics via PackFeed Seller.
5. In the event that the exclusion of liability referred to in this article 13 is declared wholly or partially void, or is annulled, by a competent court, the parties hereby agree that PackFeed will in that case only be liable for direct, demonstrably suffered/incurred damage/costs (excluding consequential/indirect damage/costs, including lost revenue, lost profit, and missed savings), and that this liability for such direct damage/costs will never exceed € 500,- (in words: five hundred euros) per year in total.

1. Return shipment of (Unsellable) Items to the Logistics via PackFeed Seller under these Terms and conditions Logistics via PackFeed takes place at the expense and risk of the Logistics via PackFeed Seller, to the Logistics via PackFeed Seller's last known address on record with PackFeed. The Logistics via PackFeed Seller owes the fee for this as stated in the quote.
2. PackFeed may decide at any time to change these Terms and conditions Logistics via PackFeed and/or the appendices. The amended Terms and conditions Logistics via PackFeed and/or appendices take effect from the moment they are posted on the website or sent to the Logistics via PackFeed Seller (by email) (with the exception of the price list, to which the provisions of article 9(1) of these Terms and conditions Logistics via PackFeed apply). If the Logistics via PackFeed Seller continues to use Logistics via PackFeed thereafter, the Logistics via PackFeed seller thereby accepts the applicability of the amended Terms and conditions Logistics via PackFeed and/or the appendices. It is therefore advisable to consult the Terms and conditions Logistics via PackFeed and the appendices before using Logistics via PackFeed (again). If the amended Terms and conditions Logistics via PackFeed and/or the appendices are not acceptable to the Logistics via PackFeed Seller, the Logistics via PackFeed Seller is permitted to terminate the Logistics via PackFeed Sellership. For the avoidance of doubt: article 12 applies in that case.
3. If any provision of these Terms and conditions Logistics via PackFeed conflicts with applicable law, that provision will be amended so as to comply with applicable law, staying as close as possible to the current intent of the provision concerned.
4. The Logistics via PackFeed Seller agrees that PackFeed may inform them by email, at the email address known to PackFeed, about the use and possibilities of Logistics via PackFeed (so-called service emails).

The Terms and conditions Logistics via PackFeed and the Logistics via PackFeed Sellership are governed exclusively by Dutch law. Disputes will be submitted exclusively to the competent Dutch court in Rotterdam.

Compensation may apply in the event of a stock discrepancy or an Unsellable Item, as described in the Terms and conditions Logistics via PackFeed. Compensation may also apply when an order is lost during transport, or during the transport of a return.

Items from Logistics via PackFeed sellers are registered on the basis of barcodes. When products are delivered by the Logistics via PackFeed seller, all items must carry barcodes. On arrival, PackFeed checks the items for quantities. Registration takes place using the barcodes known to PackFeed. However, if products do not carry barcodes, PackFeed applies barcodes to the items. The Logistics via PackFeed seller owes the costs for this as stated in the quote.