These Terms of Use apply to Blocks storage, the Application and the website www.blockslockers.com ("Terms").
Property Blocks s.r.o., registered office at Kaizlovy sady 13 , Karlín, 186 00 Prague 8, ID number: 01965603, registered in the commercial register maintained by the Municipal Court in Prague, under no. C 293425 (referred to here in the first person plural as "we", "our" with the corresponding tense of the first person plural verbs), provides a modern and fully digitized storage with a simple way of use ("Blocks").
Blocks makes it easy and hassle-free to send, store and receive shipments thanks to the Blocks application (the "Application"), which has web, mobile and static (on the Blocks screen) form. Upon registration by a Blocks user (as a user of our services, in particular the Application - "User", hereinafter also referred to in the second person plural as "You", "Your" with the verb tense in the second person plural) a customer account will be automatically created ("Account") requiring some of your personal data and serving to manage the Application services.
The rules for the protection of your personal data can be found in the Personal Data Protection Policy , prepared in accordance with the requirements of the EU regulation known as GDPR. We are not responsible in any case for the contents of the shipment and the contents of the shipment must not be in conflict with the applicable legal regulation .
"Manager" owns or leases Private Blocks from us, and we provide the Manager with access to the Application's administrative environment.
"Carrier" is a third party who, based on your request (i.e.you choose the address of the specific building in which the Blocks arelocated) as the delivery address, will deposit the shipment in the Blocks specified by you. It is not possible to deliver shipments that require your cooperation to be accepted, such as a signature or payment of fees, taxes, customs, etc. In case of correct delivery of the shipment by the Carrier toBlocks, a digital confirmation of delivery is created , in the form of a QR code, PIN code in SMS or email. By creating this digital confirmation, it is considered the moment of delivery . In the event that you do not pick up the shipment within the time set by the Manager or the operating rules of the specific Blocks, it will be handled according to these Terms and Conditions.
By creating an Account through theApplication or through the website www.blocklockers.com, you agree to these Terms and undertake to comply with them. You must have created an Account to use Blocks.
The storage is either publicly accessible (the so-called "Public Blocks"), or it is accessible only to those who have the express permission of the Blocks Manager (the so-called "Private Blocks"), or it functions as an internal reception service of theManager, who makes it available only to his employees (the so-called "Internal Blocks").
Public Blocks – is accessible to anyone who can use Blocks without the need for explicit permission from the Manager of that specificBlocks.
Private Blocks - it is accessible to those to whom the respective Manager grants consent for use. It is usually located in the common areas of the building.
Internal Blocks – accessible to the Manager's employees and located in his internal premises. As a result, these Terms (except for the license agreement) do not apply, but only the operating rules of such Blocks will apply.
Blocks are, with the exception of special modes, accessible only throughthe Application. It serves only to exchange shipments (pick up, send), wherebythe User is responsible for the contents of the shipment. The contents of theshipment must not contain anything that is prohibited by law, as well asanything that could contaminate, degrade, or damage the Blocks themselves. Thefollowing list is demonstrative and can be further specified and supplementedby the Manager and us:
Technical and legal limitations of Blocks:
o Blocks must not be damaged in anyway by use
o you cannot store a shipment inBlocks larger than the size of the Blocks themselves
o a shipment heavier than the maximum load capacityof the selected Blocks cannot be stored in Blocks
o Blocks do not maintain a constanttemperature
o there is no air circulation in the closed Blocks
o the maximum time for storing the shipment is determined by theManager of the given Blocks
Technical and legal limitations of the shipment:
o the contents ofthe shipment must not be in violation of the law, i.e. it is not possible tostore drugs, explosives, chemicals, etc.
o it is forbidden to keep livingcreatures in Blocks
o the shipment must not containpotentially dangerous content that could cause harm to health or could damagethe Blocks themselves
Public Blocks can be used even without prior authorization from the Manager. Private Blocks can be used after prior authorization by the Manager. To use Public or Private Blocks, registration is required, which you can do either through the Mobile Application or through the Application on the website. The code to open Blocks is then available in the form of a QR code in the PIN code Application , neboin SMS. The Carrier will receive a confirmation of the deposit, and then of the pick-up, in the form of an SMS emailu, ve formě notifikace v Aplikaci nebo datovou zprávou do interního systému přepravce. In the event that your shipment is not picked up, we will contact you via SMS or notification in the Application. Interní Blocks vlastní (nebo má pronajatý) Manažer, který určuje způsob užívání Blocks a určuje okruh uživatelů, kteří mohou Blocks využívat.
Public Blocks can be used without prior authorization from the Manager. Private Blocks can be used with prior authorization from the Manager. In order to use Public or Private Blocks, registration is required, which can be done either via the Mobile App or via the App on the website. The code to open the Blocks is then available in the form of a QR code in the App or a PIN code in the SMS. The Carrier will receive confirmation of the deposit, and subsequently of the collection, in the form of an SMS, email, notification in the App or by data message to the Carrier's internal system. In the event that your shipment is not picked up, we will contact you by SMS or notification in the Application. The internal Blocks are owned (or leased) by the Manager, who determines how the Blocks are used and determines the range of users who can use the Blocks.
Application means an application developed by us in a mobile phone, tablet or web user environment on the website www.blockslockers.com or its static version operated in a specific Blocks (and perceptible on the display). In order to use the Application, your mobile phone, tablet, computer or other electronic device must be compatible with it.
The technical requirements:
o A functional internet connection is required to use the Application in any form
o The application can be downloaded from Google Play and the App Store
o The Application is not a backup service, and therefore you may not use the Application to back up any content
Legal matters:
o by registering an Account in theApplication, you agree to these Terms and confirm that all information provided to us, and related to the registration of the Account and data for the use of the Application, are true and accurate, and you guarantee that your activities are in accordance with the applicable law of the country in which You are using the application
o you will not interfere with or disrupt the functioning and integrity of the Blocks or the data contained in the Application and you will not attempt to damage the Blocks, including the web and mobile and static versions of the Application
o non-exclusive, simple license to use the Application for the purpose of using Blocks on a mobile phone or tablet is provided to you free of charge (for the duration of the Account's existence)and territorially unlimited, but it can only be used in accordance with theseTerms
o in the case of using Internal Blocks, the user is granted temporary (for the duration of use) non-exclusive consent to use the Application displayed on the Blocks screen.
In order to use our Blocks, you must have an Account created. Your Account can only be created on the basis of the personal data provided by you. Your account is only created after successful registration. The instant you create an Account, you enter into an agreement to the extent of the Terms with Blocks and undertake to abide by them unconditionally. You can delete the account and cancel the contract at any time.
Conditions for creating an Account:
o you must be over 18 years of age and legal
o choose a secure password for your Account (definitely not 1234)
o as a User, you will only use the Account for your own personal use (unless you are a Shipper) and will not access or otherwise use the Accounts of other users
o you will not use Blocks with incompatible or unapproved devices or applications
After creating an Account, you are not obliged to use the Account, using the Account is only your choice. However, if you do not use the Account (log in to the Application) for twelve consecutive months, it may be deleted by us. After deleting the Account, we may retain some of your data fora period of three years in order to defend ourselves against possible legal disputes. The Manager may also storeyour personal data for these reasons. But more about that in the Privacy Policy.
By creating an Account, you agree that:
o you acknowledge that the means of identification specified in these Terms and Conditions are sufficient to determine the person who is the originator or recipient of the corresponding activities (e.g. setting up an Account, delivery of a shipment)
o you grant sufficient form and legal effects to electronic communications delivered through the Application or outside the Application to the Carriers for the purposes of delivery to Blocks as if they were self-signed documents
o you acknowledge the legal effects of actions carried out through your telephone number
o you will maintain the security and confidentiality of your Account login information
o prevent others from accessing your Account using your device
o you will be fully responsible for any damages if third parties gain access to your Account using your credentials or gain access to the equipment you use to operate your Account if you have failed to comply with these obligations
o in addition to these Terms, you will also comply with the applicable laws of the country where you use theBlocks when using the Blocks
o you will not use Blocks with the intent to harm, inconvenience or cause inconvenience to anyone else
o you will not use Blocks to send spam or other duplicate or unsolicited messages
o you will not use Blocks to post or store any incriminating, obscene, threatening, defamatory or otherwise inappropriate or illegal material, including material harmful to children and material that violates the privacy rights of third parties
o you will not send or store dangerous materials (viruses, computer trojans, malicious programs, etc.) using the mobile Application or its web user interface that are capable of negatively affecting the operation of the Application
o you will not attempt to gain unauthorized access to the Blocks or connected systems connected to the Blocks
o you agree that we are constantly developing and improving the Application, which may involve technical difficulties and imperfect functioning of the Application
The Manager usually owns or rents Private Blocks and Internal Blocks, and we provide the Manager with access to the administration environment of the Application for the given Blocks. The manager determines who can use the given Blocks. The Manager may himself determine additional conditions and restrictions for Blocks in his possession, but this does not affect our rights and obligations arising from the Terms. In the event that theManager has provided access to the administrator environment of the Application to another entity (e.g. a management company, or directly to its employee, while for the avoidance of doubt the principal is always the employer of thesaid person, unless the person performs the activity independently on the basis of a business authorization), it applies that such an entity is authorized toact as an agent for the Manager within the scope of the Application's functionality and to exercise the rights of the Manager according to theseTerms.
The carrier is the person who, based on your instructions, will store the shipment in the Blocks specified by you.
You can also use Blocks as a place where the parcel is to be delivered to you (e.g. from the e-shop). In order for the shipment to be delivered to a specific Blocks, you must have an Account created and in the address for delivery, you must enter the address of the building in which the specific Blocks are located. This is a clear instruction to the Carrier that your shipment should primarily be stored in Blocks.
Delivery of parcels by third parties to Blocks is done on the basis of your request (indicating the address of the building in which Blocks is located). Based on this request, you also expressly request that the Carrier respect your privacy by delivering the package to Blocks. If delivery of the parcel to Blocks is not possible (e.g.for reasons of filling the capacity of a specific Blocks), you agree that theCarrier will proceed according to its own rules, may contact you and may choose an alternative delivery method (e.g. storage at the reception of the building in which it is Blocks located), as well as in the case of the addressee not being reached and delivery impossible. The delivery of the shipment to Blocks is considered personal delivery and the Carrier thereby fulfills its obligation.
If you want to use Private Blocks in this way, your login details must first be authorized by the Manager.
Limitations:
You cannot use Blocks for the proper delivery of a parcel or letter that requires your cooperation. Therefore, you cannot receive any parcels or letters destined exclusively for your own hands, or parcels for which it is necessary to pay a duty, tax or fee via Blocks.
You expressly acknowledge that the Carrier and any person who is to deliver (or has delivered) the shipment to you:
o may process your personal data toa greater extent than is necessary for delivery to Blocks, for which we are not responsible
o the digital document, which is automatically created after the Carrier has correctly stored the shipment in Blocks, can be used by the Carrier as proof of shipment delivery
When a shipment has been delivered to the Blocks compartment in the correct manner, i.e. the compartment door is closed and properly locked, a digital confirmation/proof of delivery ("Confirmation") is automatically generated. Once this Confirmation is generated and sent to the Carrier, the shipment is deemed delivered and the Carrier has fulfilled its obligation to deliver the shipment to you.
Confirmation is available to Carriers:
o through the Application in the form of notification
o or via SMS in the form of a PIN code
o or by e-mail
o or in another way that you agree with us
When the shipment is delivered to Blocks, the user will receive a notification through notification in the Application, or by SMS.
Unable to deliver:
If the shipment cannot be delivered to Blocks for some reason (e.g. the dimensions of the shipment do not meet the requirements, Blocks is full or non-functional, etc.), the Carrier (unless otherwise agreed between you and the Carrier) will act in principle in accordance with its own regulations and may choose another form of delivery.
Unclaimed shipment:
After creating theConfirmation, you will collect or arrange for collection for each shipment thatwas delivered to you in Blocks, no later than the time set by the Manager. TheManager may impose additional conditions and restrictions relating to its Blocks.
If the shipment is not removed intime:
o through the Application, we willremind you that the shipment needs to be picked up immediately
o if the shipment is not removedwithin 24 hours of sending the reminder, we or the Manager are entitled to(have) the shipment removed from Blocks and stored or destroyed.
After removing the shipment fromBlocks, the shipment can then be:
o available to the Manager
o returned to the sender or Carrier
o sent to your home address, if itis specified by you
o permanently removed or destroyedby the Manager or by us on the Manager's instructions
The decision on one of the methods of handling the shipment is solely the Manager's decision, and the methods of handling the shipment are equivalent. You pay the storage fee, shipping costs and (if any) the cost of destroying the shipment. If the shipment is taken into the Manager's custody, you will be able to receive it only after payment of the costs associated with its custody.
A conclusion of the contract:
By creating an Account, you agreeto these Terms and agree to abide by them. If you use Private Blocks, theManager can expand, specify or limit the ways of using your Blocks. Where theTerms regulate the relationship between You and the Manager, they apply to therelationship between You and the Manager of the particular Private Blocks usedby You or for You in the given case.
Responsibility:
Neither we nor the Manager are in any way responsible for the contents of the shipment. The contents of the shipment will not be checked in any way and will not be manipulated in any way(except for the unclaimed shipment mode). However, there may be situations where, for reasons of safety, health protection, risk reduction, or maintaining public order, the Manager or we may enter the Blocks area, secure the shipment, and possibly destroy it.
We will make reasonable efforts to secure the web interface. However, we do not guarantee that the Application inany perceptible form (web interface, mobile, in Blocks) will always be fully functional, that it will not contain errors or computer viruses. You agree and acknowledge that you use the Application solely at your own risk and responsibility. We are not responsible for any damage or loss, direct or indirect, incidental or caused by your actions, immediate or consequential, arising as a result of using or not being able to use the Application.
As a User, in connection with our and the Manager's rights under these Terms and Conditions, you waive the right to any compensation for damages incurred by you due to the exercise of such rights (e.g. destruction of the shipment in the event of non-collection), to the maximum extent permitted by the legal order by which such legal manages the relationship. You also waive the right to compensation for damages against theCarrier due to failure to store the shipment in Blocks due to non-compliance with size or weight parameters or for capacity reasons or technical reasons on the part of Blocks.
Applicable law and court jurisdiction:
You agree that any disputes between you and the Manager will be resolved and decided exclusively by the court of the country in which Blocks is located, for which the Manager's managed Profile exists.
The 1980 Vienna Convention on theInternational Sale of Goods (CISG) does not apply.
If any provision of these Terms is or becomes illegal, invalid or for any reason unenforceable, then such provision shall be deemed fully severable from these Terms and shall not affect the legality, validity or enforceability of the remaining provisions.
Business practices or any established practice of the parties will not be relevant in any way for theseTerms or their interpretation. These Terms do not create any rights in favor of third parties, unless specifically stated otherwise.
Compensation:
You hereby promise to indemnify us and the Manager (or our employees, representatives) for any damages incurred in the form of losses, liabilities or expenses (including legal fees) that result from: (i) Your violation or failure to comply with any part of these Terms; (ii) the use of your user content within the Application or Blocks by us or theManager; or (iii) if you infringe the rights of any third party in connection with the use of Blocks.
Change of terms:
We reserve the right to cancel ormodify any part of these Terms at any time in accordance with § 1752 of Act No.89/2012 Coll., Civil Code, at our sole discretion. Any changes to these Termswill be effective upon our posting of notice thereof, provided that suchchanges are prospective only and not retroactive. If you do not agree to such achange, you may no longer (i.e. after the effective date of the changes) usethApplication. You agree that notices of changes will be delivered to you onthe "Terms of Use" page, whereby such notice is sufficientnotice of upcoming or implemented changes.
