USER AGREEMENT
Date of publishing: 11.11.2021
Please read the site User Agreement before using the Website. To use the services available on the website www.shipedi.com, you accept the following General Conditions of use of the services, including the Member Conditions referred to Members who have become following the registrations process.
User Agreement includes Section A – General Conditions and Section B – Member Conditions
www.shipedi.com is a website owned by SC SHIPEDI SRL, a company which is registered under company number: RO 44042091, office registered at street Ion Ionescu de la Brad, Nr. 22, Bacau, the email address is support@shipedi.com
To access www.shipedi.com, you must read and accept all the general conditions contained in the User Agreement and Privacy Policy and other rules connected to it.
Part A – General Conditions defines the terms and the conditions for all users that enter on the website www.shipedi.com
Part B – Member Conditions defines the terms and the conditions are applicable only for Members that register like a Customer or a Transport Provider, on the website www.shipedi.com
If you will not accept our User Agreement that includes General Conditions or Member Conditions, please don’t use the website www.shipedi.com and leave the website.
You will have access to some areas on this Site without the Registration process and in this case, the General Conditions and Privacy Policy will be applied to you.
To be a Member, you must register and you will be asked clearly if you accept the User Agreement and Privacy Policy of the Site.
Accepting the User Agreement when you enter www.shipedi.com, you at this moment agree and admit we can change or modify the General Conditions and Member Conditions of User Agreement. All changes or modifications of the General Conditions and Member Conditions of the User Agreement will be made at any time we want. Periodically visit the section of the User Agreement to check if there are some changes or updates and read them. We will notify via email all Members when there will be changes, modify or updates about the User Agreement.
For each User or Member who visits or enters the Site, it is his/her responsibility to inform himself about the conditions of use of the Site, before any activity.
The website www.shipedi.com, User Agreement are applied to all our services made available online via any mobile devices, telephone, email.
Accepting the User Agreement and Privacy Policy, you accept to use the site and to receive e-mails from us.
SECTION A – GENERAL CONDITIONS
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- LICENCE
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The Shipedi services include intellectual property rights and copyrights on all Site areas, all materials on the Site are owned by SHIPEDI SRL.
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Logos, names, design, copyrighted materials, Intellectual property rights, or any materials on it are owned by SHIPEDI SRL and all the time shall remain in the property of SHIPEDI SRL.
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You don’t have permission to sell, copy, download, reproduce, or exploited for any purpose, copyrighted materials, Intellectual property rights, or any materials on it are owned by SHIPEDI SRL and all the time shall remain in the property of SHIPEDI SRL.
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SHIPEDI SRL has all the rights reserved according to Godaddy.
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The SHIPEDI brand is reserved according to EU legislation. More information you can find here: https://euipo.europa.eu/eSearch/#details/trademarks/018844935
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- DEFINITIONS
- LICENCE
Website – means www.shipedi.com
Site– means www.shipedi.com
Us, We or Our – means www.shipedi.com or Shipedi
Member Account– is a part of the Site that after the registration process, when a User gain authentification access to a system (user name and password) and he become a Member. After gaining access to his Account, he can perform different actions on the Site.
Register – means a user that agreed with the Shipedi User Agreement and indicates the activity of creating a Member Account.
User – means someone who enters our site and does not go through a registration process and he/she agreed with the Shipedi user agreement.
Members– means someone who has registered on the site and gone through a registration process. Members can be Transport Providers and Customers. Members can be only someone who has reached the age of 18 years.
Conditions – means someone who enters the Site must accept the Shipedi User Agreement that includes Section A. General Conditions and Section B. Member Conditions. Conditions mean a state of something about its appearance, quality, or working order.
Transport provider – means all transport providers or transport companies that are registered on the site and reply with a quotation to the Customer’s requests.
Customer – means a person or a company who makes a transport services request for a transport services quotation.
Job– means a request for a quotation on the site.
Agreement – means the agreement between Transport Provider and a Customer.
Accept Quote– means when a customer accepts an offer/quote from a Transport Provider.
Booking Fee – means the fee that must be paid to Shipedi by the Customer in the name of transport provider.
Deposit – a sum of money which is part of the full Quote Amount, the sum of money is paied to Shipedi by the Customer in the name of the Transport provider.
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- WEBSITE DESCRIPTION OF SERVICE
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The Site www.shipedi.com, is an online platform and acts as a neutral place.
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Customers publish free a request quotation for transport, they are in search of transport services and Transport providers they respond to them with a free transport quotation.
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Shipedi doesn’t participate and is not responsible for the Transport Agreements between Customers and Transport providers, Shipedi only is making the Website available for the Customers and Transport providers.
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Customer selects a quotation/offer and is Accepting it, then he will pay to Shipedi a fee, the payment with be made with a secure mode. Customers will have access to the information of the Transport Provider, name, Surname, Company name, email, and phone number.
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Transport provider after a Customer accepts the transport quotation/offer, will have access to Customer personal information, name, Surname, Company name, email and phone number, and information of collection and delivery address.
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Customers and Transport Providers accept to receive emails with all activity of both parts.
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- WEBSITE ACCES
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We assume no responsibility in the event of temporary or permanent unavailability of the Website, for any reason we are not responsible if the Website will be unavailable at any time.
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We assume no responsibility (unbounded) in case your mobile device, computer, tablet, telephone, or other property will be affected by viruses, corrupted data, harmful data, malicious software, hacking when you enter for any purpose or activity on Site.
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Users, transport providers, and customers are fully responsible when they enter, publish a transport request, send transport quotes, on the Site, we are not responsible to check or verify the contents.
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When you enter or using www.shipedi.com, you agree to our Privacy Policy and you accept us to process your data/information about you as is relevant legal obligations or contractual clauses applies.
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- CONTENT
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We don’t guarantee that all information on the site is correct, we try to include accurate information but we don’t assume any responsibility for the information’s that can be wrong or erroneous on the site.
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The content displayed on www.shipedi.com, Users, transport providers, and customers are fully responsible when they enter the site and explore it, at their own risk. We provide no guarantee or any warranty about the site content, the contents are given “AS IS”.
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- WEBSITE DESCRIPTION OF SERVICE
WEBSITE USE
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These rules are made to protect the Transport providers and Customers, our goal is for www.shipedi.com, to be a safe site.
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All information or materials that Transport providers or Customers provide on www.shipedi.com, must be up to date, honest, legal, and not fake. It’s forbidden to use information or materials that do not belong or are owned by you. We are not responsible to check or verify Users, Transport providers, or Customers information or materials that they provide on Site.
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Is forbidden:
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to use vulgar or offensive language or to discuss the Sites rates with other Users or Members;
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to sell, buy your Account; to collect data from the site in any kind or any way;
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to use the Site for any illegal activities that are against the Romanian and European legislation;
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to have more than one Account;
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to publish any pieces of information or materials that are pornographic, indecent, threatening, abusive, inciting racism, vulgar, or otherwise intended to cause moral or material harm to another individual or company;
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Transport of certain goods that may be flammable, dangerous, polluting, explosive, etc., which need to be transported according to certain special safety regulations, it is the responsibility of the Transport Providers and the Customers to check the legislation before transporting these goods (be flammable, dangerous, polluting, explosive, etc.). Transport Providers and Customers are fully responsible for the transport of goods of this type and any kind. We declare clearly and expressly that we do not assume any responsibility and all responsibility for compliance with the laws related to the transport of dangerous goods is the full responsibility of Transport Providers and Customers.
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When you enter the site you accept to respect the Romanian law, the laws of other countries, or the laws that are applied to the country from which you access the Website and you guarantee that the laws of the country from which you access our site allow you to enter or to have activity on our site.
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Shipedi is not responsible for any transport agreements between a Customer and a Transport Provider, all transport agreements are between Customers and Transport providers. Shipedi doesn’t guarantee and is not responsible for Customers or Transport providers activity, existence, or availability.
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We don’t offer any insurance or warranty for any pricing, delivery or other, agreements or any contracts are between you and other Users or Members that use shipedi services.
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We reserve the right without any obligation to restrict or block your access to the Site in order to protect our systems, members or interests.
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- LINKS TO OTHER WEBSITES
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You will find on the Website, links ( deep linking, framing, inlining ) third-party websites. The links do not represent an interest or an action on our part to request your access to look over or use on these websites, these links are presented exclusively for your convenience. When you will click on the links you will be redirected to that website and you will leave our website. Is not our responsibility and we don’t guarantee the contents, legality, availability of other third websites. We decline any responsibility of any kind when you access directly or indirectly the links from the Website. You are fully responsible and at your own risk, you accept to access any of the third party websites linked to the Website. Is not our obligation to check or to verify all these third parties websites.
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- OTHER LIABILITY EXCLUSIONS
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Users, Transport Providers, and Customers are fully responsible for the use he makes of all the services available on the Website. Romanian law must be respected and extent permitted by law we don’t have any responsibility for any loss direct or indirect (loss of data, loss of goods, loss of working period, loss of business, loss of arrangements/contracts, loss of incomes, loss of any other kind).
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We are not responsible for any damage, losses, or any other actions that can outcome from using our services. All agreements, transactions, activities are between Transport Providers and Customers.
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You are fully responsible if you give your user and password to another person (private person or company), if that person (private person or company) will have or make illegal activities on your Member Account, you will be fully responsible, it applied even if you did not know that person’s intentions.
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- PROCESSING OF PERSONAL DATA
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The processing of personal data at the level of SHIPEDI SRL takes place in compliance with Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC and national data protection legislation.
For more details on the processing of personal data, please see the Privacy Policy (link to the Policy) and the Cookies Policy (link to the Cookies Policy).
Also for any questions or concerns regarding data protection please contact us:
EMAIL: support@shipedi.com
SECTION B – MEMBER CONDITIONS
Section B – Member conditions are supplementary to the General Conditions.
Please note that these terms and conditions are supplemental to the General Conditions. The Conditions (Parts A and B) form the basis of the agreement that you enter into with us in order to Register and become a Member (the “Agreement”) and will govern your conduct as a Member.
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ENROLLMENT
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Only individuals who are legally capable of entering into legally binding contracts under Romanian and European law are eligible for registration.
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Persons under the age of 18 and those whose membership has been suspended or cancelled are not eligible to register.
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If a customer want to enroll your company (business entity), he confirms that it has the authority to bind the entity to this terms.
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Every enrollment is available for a single use only.
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The Customer and Transport Provider shall not share data (username, password and other relevant data) with other persons in order to facilitate the services we offer.
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Our company reserves the right to verify all data about the Transport Provider at any moment. Once a Transport Provider wants to create an account, our company will ask for a real time identity verification. The purpose of this verification is to ensure the accuracy of the data, to eliminate possible fraud, and to validate the account. The photos will be stored for a period of 12 months after which they will be deleted, unless the applicable legislation provides otherwise.
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The Customer and Transport Provider are responsible for the security of the passwords and all other relevant data regarding the account.
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The Transport provider is responsible to update periodically all the data in the account (ex. Expired drivers license etc).Our company will only check the documents accuracy in the following situations:
– when a new account is created;
– when the Transport Provider sends the updated documents (for example the transport insurance has expired and he is uploading the new transport insurance);
– when the Shipedi support team has received one or more complaints for a specific carrier and the account is temporarily suspended and at the same time the validity of the documents is also verified;
– other situations (when the Transport Provider or competent public authorities ask for verification). -
No membership can be transferred or sold to a third party.
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RESPONSIBILITY STATEMENT
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By using our services you acknowledge that:
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Our platform is not a transportation service provider or a intermediary of any sort, that can guarantee that transportation is done as customer agreed on the platform.
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Our platform only serves as a place where Transport Providers and Customers may meet and negotiate in the purpose of reaching a transaction.
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Our company has no control over the quality, safety or legal elements of the services offered and transactions negotiated through the platform, therefore we assume no responsibility for them.
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It is the Customers responsibility to choose the most appropriate Transport Provider and to negotiate with it the conditions of the transportation.
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When a user, in order to perform the contracted service, wishes to appeal to third parties to carry out the existing tasks, he (Customer or Transport Provider) informs the data subject of all processing of personal data or to obtain his consent when certain processing is necessary to be done by one of the parties of the contracted service.
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ACCOUNT CREATION
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You can create an account here: https://shipedi.com/register . Please take note that all the information required are needed for the execution of the services offered.
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The attached documents for Transport Providers are verified by authorized personnel of SHIPEDI SRL After verification is completed the account is validated.
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Once the account is created, Shipedi will create an account from which booking fees will be deducted, action agreed by the user.
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The presentation of fake information, documents or other kind of data is not allowed.
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Each user is responsible to act in good faith regarding the information used. Any attempt to violate the rules, will be sanctioned and reported to the relevant public authorities.
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UNLAWFUL TRANSACTIONS
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Members must not use the platform for illegal purposes. Any task or transaction that is done is banned.
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Any attempt to act illegal will be sanctioned and reported to the relevant public authorities.
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If the applicable law restricts certain items to be transported (ex. Dangerous goods), the Transport Provider and the Customer are responsible for not acting different. Any attempt to do different will be sanctioned.
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Parties of the transaction are solely responsible for adhering to all applicable laws and regulations governing the transportation requirements.
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FEES & PAYMENTS
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Joining our platform is free for each of the roles: Transport Providers or Customers.
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We only charge transport providers a booking fee or a deposit in the moment when a customer accepts a quote or offer and pays the deposit.. At the time of registration on Shipedi and accepting Shipedi Terms and Conditions, Transport Providers give us the authority and consent to collect a deposit or booking fee in their name.
- When you register and become a Transport provider or a Customer, you will be assigned an account into which Deposits will be deposited and Fees (as described below) will be deducted in compliance.
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Transport providers will find the invoice of the booking fee or deposit on his account at Invoices as it follows: failed payments and the possibility to pay and successful payments with the invoice history.
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The Fee is calculated as a percentage of the approved quote price of the completed negotiation. Therefore the fee is dynamic at the time of submitting a quotation.
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The Fee can vary based on the category of the goods transported.
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You can pay through Stripe and Paypal. More information you will find here: https://stripe.com and https://www.paypal.com .
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The fee will be paid regardless the transportation is completed or not.
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The Transport Provider is responsible in managing negotiations so VAT and all additional taxes will be included in the final price.
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Once a price/quote has been accepted it will be considered as including additional taxes and VAT. Any other situation will be considered abusive and it may be sanctioned and reported.
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Our company retains the right to amend the basis for fee calculation. Any modification will be detailed on the website.
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Method of payment:
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The registered Customer will determine what items should be transported. As soon as it has made a post, it becomes visible to Transport Providers for a period of three weeks.
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As soon as a Customer chooses to collaborate and his/her item to be transported by a transport provider, once he clicks the button Accept Quote, he/her will be redirected to the payment page to pay the deposit.
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The price that the Customer sees represents the total amount between the Transport provider price/quote for transport service and deposit.
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The Transport Providers can only bid for the existent posts made by Customers.
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The price of an auction represents the amount that includes VAT and Shipedi booking fee.
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After the payment of a booking fee or deposit, the Customer will find on his Payments section all the invoice history.
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CANCELLATION
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Cancellation is possible in some of the cases the transportation did not take place.
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The user can contact us at the following email : support@shipedi.com or can write us to our Help chat. The user will send us the email address with which the email was created, the subject, listing ID, the reason why he/she asks for cancellation. This information will be verified by our personnel and will send the answer on whether the money will be payed back or not. The verification and refund procedure can take up to 30 calendar days.
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If a negotiation is completed and the quote is accepted, and one of the parties (Customer or Transport Provider) cancels it before the transportation is started, it may contact to refund payment.
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Any cancellation request must be done within 30 calendar days to be considered valid.
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Any cancellation will be investigated by our company personnel. Any false statements, unjustified requests or that may harm other member will be refused, sanctioned and depending on the case, can be reported. Membership may be canceled without any notice.
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PAYBACK
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The payback is possible in some cases agreed by the parties.
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To benefit the payback you have to write an email to support@shipedi.com and explain the reasons for which you ask the payback. On this basis we will verify the facts and on the results we will choose if the payback is applicable or not.
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If the payback is approved you will receive you money during the next 15-30 days you asked for payback.
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FEEDBACK
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The platform allows members to provide feedback for the services provided. The purpose of these assessments is to demonstrate the level of responsibility assumed and the trust placed in platforms members.
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The feedback involves providing a rate and a comment about the experience of the other member. There are three scores that a member can rate: Positive, Neutral and Negative.
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The total score of a member is the sum of all the comments and the score given by the other members.
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A information notice sent through platform and email will be send after 14 calendaristic days,after quote accepting.
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If a member does not respond to the feedback form sent by the platform, after 90 calendaristic days days, a positive rate will be added automatically.
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Positive or neutral feedback can be given anytime after a quote is accepted.
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Negative Feedbacks can be given only after 14 calendar days, after accepting a quote.
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Transport providers that received a negative feedback and consider it unfair, and have an active Professional Bidder subscription, can contact our support team to verify the negative feedback, the reasons for which it was send and will contact the user for a detailed description of the situation. If our support team will not receive any answer in 14 calendar days, can delete the negative comment. The Transport Provider can also write an email to support@shipedi.com to edit the comment in a reasonable way (eg. Please delete/edit the negative feedback for the Transport Provider in the following way).
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Each platform member is responsible for the feedback left, therefore any legal claims will be asked from him.
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SHIPEDI may modify a comment without informing the Customer if he mentions any identification information of a Transport Provider.
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Criminal activities, defamation, calumny or other similar forms of feedback may result in a ban from further use of our services and also if it is the case, the report to the relevant authorities.
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REJECTION OR REMOVAL OF MEMBERS
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For solid reasons, we retain the right to refuse your Registration, cancel your Membership or without any notification.
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We also retain the right to inform our members about any conduct that could lead to sanctions regarding the membership
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Between the rejection or removal reasons you can find the following:
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The user does not have at least 18 years old; documents don’t have valide dates, or other reasons that may rise suspicions about the existence of the person or company;
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The user uses vulgar or offensive language or to discuss the Sites rates with other Users or Members;
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The user sells, buys an Account to collect data from the site in any kind or any way;
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The user uses the Site for any illegal activities that are against the Romanian and European legislation;
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The user has more than one Account;
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The user sends his phone number or your private information (email, name etc) to be contacted directly;
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The user uploads photos or photos with private information to be contacted directly;/span>
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The Transport Provider sets price per item not on a total amount;
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The Transport Provider discusses separately, in private chat, prices with the Customer and in this way Shipes loses money.
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The Transport Provider sets a fair price and then puts a small price on top to convince the customer to accept quote, and Shipedi loses money on this way;
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The Transport Provider has more then 75% cancelations from the total accepted jobs;
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The user publishes any pieces of information or materials that are pornographic, indecent, threatening, abusive, inciting racism, vulgar, or otherwise intended to cause moral or material harm to another individual or company;
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Other reasons that may rise suspicions about users activity or can make the Shipedi a uncertain transport marketplace;
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In the event that a member’s account has been temporarily blocked or deleted, he can address our company by a written notification explaining the reasons why he would like to resume on the platform. These reasons will be verified, and depending on the result of the verifications it will be decided to lift the restrictions or keep them.
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