This document lays out the Terms and conditions (“Agreement” or “Terms”) under which we provide to each User (“customer”, “you” or “your(s)”) our services to use our Pick-up and delivery platform (“Services”) and delivery platform for that purpose access to our website and mobile application (“Platform”).
The company that is offering the Platform is: Kluklu B.V. (“we”, “us”, “our” or “KluKlu“) a Dutch limited with its registration address: Garvin Juliana van Stolberglaan 31, UNIT-D4557, 2263 AB Leidschendam, THE NETHERLANDS and business registration number: 77812506.
The only legal relationship between you and us is that of use of the Platform.
These Terms make clear that regarding the pickup and delivery of items you enter into a legal agreement with the freelance person who fulfils the delivery of your Order (“Agent”). A customer is a legal person who registered in our Platform to be able to request a pickup and delivery service from our Agents. We only accommodate the processing of delivery fees, and by agreeing with an Order, you will have a legal relationship with the Agent.
1.1. Company: KluKlu is a duly registered company in the Netherlands and is authorized to enter into a legally binding agreement with you.
1.2. Order(s): We provide a Platform on which you can give, under your own responsibility and liability, instructions to an Agent to pick up certain items from certain locations (for example: shops, homes, offices) and have it delivered it to another location with the help of website and/or mobile application. You acknowledge and agree that KluKlu shall bear no liability and responsibility in this transaction.
1.3. Our Platform: We provide a Platform on which you can give, under your own responsibility and liability, instructions to an Agent to pick up certain items from certain locations (for example: shops, homes, offices) and have it delivered it to another location with the help of website and/or mobile application. You acknowledge and agree that KluKlu shall bear no liability nor responsibility in this transaction.
1.4. No warranties: The Services and our Platform are provided “as is”. Other than for the express warranties contained in these terms, KluKlu hereby makes no further warranties, whether expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or other violation of rights infringement.
2.1. Platform access: You may access our website and mobile application without requesting any service by accessing it, you indicate that you accept these Terms. If you do not accept this Agreement, you should stop using our Platform immediately. As a result, you will not be able to use our Services through our website and mobile application.
2.2. Amendments: We may amend these Terms from time to time. We will provide you with advance notice of the modifications via email to the email associated to your account and by posting a written notice on our Platform, and you hereby agree that this shall constitute adequate notice in this regard.
All amended terms automatically take effect on the sooner of the day you use the Platform, or 30 calendar days after they are initially posted. Your use of the Platform following the effective date of any modifications to these Terms will constitute your acceptance of the Agreement, as modified.”
2.3. Responsibility. You are solely responsible for your access to our website and mobile application with the use of your login credentials, which shall remain strictly personal and may not be shared with other persons.
3.1. Age: If you are under 18 years of age, you cannot place an Order, use our Platform via our website or mobile application. Our service is not intendent for minors.
3.2. Alcohol and cigarettes: You understand and agree that it is forbidden under local laws for any person under the age of 18 to purchase alcohol, tobacco, or any other similar smoking products. As a result, our Agent will not purchase those products on behalf of any person under the age of 18. If you order on our Platform any alcohol, cigarettes or any other similar smoking products, our Agent will ask you to provide a valid ID in Order to confirm your age. Our Agent may refuse to deliver the aforementioned products when no age can be confirmed, or there are doubts regarding your actual age.
3.3. Hazardous materials: You must not Order hazardous materials, including but not limited to, flammables, explosives, fireworks, petroleum products and any hazardous or toxic material or substances.
4.1. Order instructions: You must give clear instructions to our Agent and provide all the necessary information to complete the Order. You agree to check all the information before you submit the final Order on our website or mobile application. In case you submit incorrect information and an agent has already performed the Order, you must pay the deliveries fees as a binding agreement with the Agent has been concluded once you have submitted the final Order.
4.2. Order changes and cancellations: Once you have submitted your Order and your payment has been fully processed, you are never entitled to any change or cancellation of your Order. We will never refund deliveries fees after an Order has been confirmed and the payment processed. Unauthorized payments lead to an unconfirmed Order, and as a result, your Order will not be processed.
4.3. Agent cancellation: After we have received your Order, we will send all relevant information to the available Agent and send you a confirmation email. After seeing the confirmation page on our Platform, you confirm that you have entered into a legally binding agreement with the Agent. However, Agents may reject Orders at any time and for any reason whatsoever, including but not limited to business, weather conditions or any other reason. As a result, the Agents will be in breach of the contract they have with you. Any payment for the delivery fee for the product will be returned to you. However, we are not responsible for any delays caused by the banks and payment processors.
4.4. Delivery and Time: The Agent or app may indicate an estimate delivery time. We cannot guarantee delivery within the estimated delivery time or any delay in the delivery. You have to make sure that both the pick up address is available to hand to items to the agent and the delivery address is available to receive the items from the agent.
4.5. Availability issues: In case of any issue with the availability times of the pickup or the delivery after the request has been submitted to you, it is your responsibility to inform the Agent on how to complete the task. KluKlu is neither responsible nor liable for any issues related to the non-availability of pickup or delivery addresses.
4.6. Our responsibility: Our Platform only processes the Orders on behalf of the Agent with who you have an exclusive legal relationship.
5.1. Delivery costs and VAT: Our delivery fees will be communicated with you on the website and mobile application. These prices always include the applicable VAT, and any additional administration or service charge may apply.
5.2. Payment methods: The payment for Orders must be made through payment methods we have accepted and published on our website and mobile application, such as a credit cards and Stripe. You acknowledge and agree that we are never responsible or liable for a delay by your payment processor or bank for the release of funds after a cancellation of the Order.
6.1. Questions: If there are any questions about your Order you can directly contact the Agent through our Platform. For example, when your Order is taking longer than expected. We always encourage the Agents to update you about the Order.
6.2. Complaints: You may contact us through the Platform when the Agent is not communicating with you and you have reasonable doubt that your Order will not be delivered to you or when you have any other complaint. In that case, we will communicate directly with the Agent.
6.3. Notifications: You accept and agree that most of the communications with us will take place electronically. We may directly send emails to you or provide you with important notifications regarding the use of our Platform. Such communications, notifications, legal announcements, and any other means of communications comply with our legal duties under the applicable law and shall in no way violate your rights.
7.1. Availability: We always try to make our Platform ordinarily available to you seven (7) days a week, and twenty-four (24) hours a day. However, we do not have any obligation to make our Platform available at all times.
7.2. Suspension Access: We may suspend access to our Platform temporarily or for an indefinite time to individuals or groups of users, and without any prior notice or reason.
8.2. Guidelines: You must adhere to the following guidelines regarding the information mentioned in Article 8.1, and it is prohibited to share with us any information that:
Is in violation of any applicable international or national laws or regulations.
Is illegal, harmful, unlawful, or false.
Constitute the promotion of goods and services without our permission.
Harms our internal systems and software, for example, computer viruses, phishing, and any other illegal techniques.
8.3. Reviews: Each User can review our services and Platform that reflects your opinion and to inform others. Such reviews can take place on our Platform, as well as on external websites. You must refrain from sharing publicly in relation to our company and Platform any information that:
Is defamatory, obscene, or offensive.
Promotes violence, discrimination, or racism.
Contains and encourages illegal activities.
Invade another individual’s privacy or impersonate an individual.
8.4. Liability and indemnification: You agree to indemnify us and hold us harmless against any losses, claims and damages incurred by us or made against our company in connection with the material and content and reviews mentioned in this Article 8 of this Agreement. In addition, we assume no responsibility or liability, to the fullest extent permitted by law, to any person in any of the abovementioned situations.
9.1. Third-party websites: Links to third parties on our Platform are only given for informational purposes and better user experience. We never monitor those third-party websites and mobile applications and do not have control over them. We are never responsible or liable for the contents of those third-party websites and mobile applications. So, when you click on those links you will leave our Platform and access them at your own risk.
9.2. Link to our Platform: You may link to the website and mobile application’s homepage in accordance with Article 9 of this Agreement and we have the right to withdraw previously given permission at any time and in our sole discretion.
10.1. Information: While we try to ensure that all information on our Platform is accurate, we do not represent it is always 100% correct, complete, or updated. From time to time, we may make amendments to the information we offer on our Platform.
10.2. Relationship with Agent: In accordance with the stipulations in this Agreement, the legal relationship for the purchase and delivery of goods is between the Agent and you. It means that we do not have control over the decisions or omissions that Agents make. Our Platform is providing a space for Agents and Buyers to meet and we are not involved in the purchase itself. We are not liable in this regard. We as KluKlu are not an e-commerce platform and our responsibility end when the match making between the agent and customer takes place.
10.3. Platform and agent representation: We explicitly disclaim that the items that the Agent will be delivering will be to your satisfaction, expected quality or suitable for your intended purpose. The delivery times are provided by the Agents and are estimates. We cannot guarantee that Orders are delivered within the estimated times. We do not give any guarantee that the Agent will accept and complete your Order. Each Agent may do so in his/her sole discretion.
10.4. Waiver of liability: We will never be liable to you, whether in tort, contract or negligence, breach of any (statutory) duty, or otherwise in relation to the Platform. Our services are provided “as is”, and we are never liable for: any direct, indirect, consequential damages, loss of profits, sales or business opportunities, loss or corruption of data or software. Our total liability to you regarding any other losses in relation to our Platform, whether in tort, contract or negligence, breach of any (statutory) duty shall never exceed the amount of our service fee for the delivery.
11.1. Termination: We may suspend or permanently terminate your right to use the Platform for any reason whatsoever, and in our sole discretion. If that is the case, we will notify you in writing or notifying you on our Platform.
11.2. Reasons for termination: We may immediately suspend or terminate your use of our Platform when you are in violation of the provisions in this Agreement, specifically those aimed at reviews, shared content, and third-party links.
11.3. Post-Termination: In case this Agreement with you has been suspended and/or terminated, you must immediately stop using our services and delete any information and contents that is in your possession from our Platform.
12.1. Events beyond our control: We are never responsible for any failure to perform or a delay in our contractual duties that is caused by events outside our control, called a Force Majeure event.
12.2. Force Majeure Events: Events beyond our control include any act or event, omission or non-occurrence beyond our control and could include the following events:
Labour strikes, industrial action, or protests.
Riots, invasions, (threat of) terrorist attacks, a pandemic, (threat of) war(s).
Fire, explosions, storms, floods, earthquakes, or any other disaster in nature.
The impossibility of using public or private transport and/or telecommunication networks.
Any new law, act or decree, restrictions, regulation of any government.
12.3. Effect: The rights and obligations in this Agreement are suspended for the time that any event beyond our control continues. As a result, we will have an extension of time for performing our duties under this Agreement.
13.1. Severability: If any of these Terms are determined to be invalid, unlawful or unenforceable by any competent authority, such term, condition or provision will be detached from the remaining provisions, and all the other conditions will continue to be in full force.
13.2. Entire Agreement: This Agreement constitutes the entire Agreement between the Parties and supersedes all prior oral or written agreements. This Agreement may only be changed or amended by mutual Agreement of authorized representatives of parties, and in writing. The parties expressly agree that this Agreement may be executed in counterparts and delivered by facsimile signature, PDF or any electronic signature and such delivery will promptly be acknowledged by you.
13.3. Assignments: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. However, we may transfer any of our rights or obligations under these Terms without your prior written consent. Such an assignee could include any company we enter a joint venture with or the acquisition or sale of our company and/or assets.
13.4. Headings: The headings in these Terms are included shall have not affect their interpretation.
14.1. Applicable Law: This Agreement shall be governed by and construed following Dutch law. Disputes or claims arising in connection with these Website and mobile application Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the competent civil court in Rotterdam, the Netherlands.