Terms of use

General Terms and Conditions for using the PilotDelivery delivery service by a Client.

1. DEFINITIONS USED
PilotDelivery is PilotDelivery OÜ, registry code16656872, address Järveotsa tee 50b, Tallinn 13520, Estonia, e-mail address info@pilotdelivery.eu.

The Pilot Delivery delivery platform is the online platform that can be used from any device which has internet connection.

The Pilot Delivery delivery platform application is the application designed for smart devices that Pilot Delivery manages as the information society service, which enables Couriers to offer different delivery services to Clients.

The Agent Fee is the fee that is paid by a Courier to PilotDelivery for providing agent services.

An Order is the service of delivery of movable property purchased outside of the PilotDelivery delivery platform, which a Client has submitted to a Courier for delivery. 

A Client is a User of thePilotDelivery delivery platform who has submitted an Order and entered into the Delivery Contract with a Courier.

A Courier is a natural party that has an entrepreneur account, a natural person entrepreneur, or a legal entity that has registered itself on the PilotDelivery delivery platform as a service provider for the purpose of delivering movable property to Clients via the PilotDelivery delivery platform. 

Delivery Expenses are the actual total amount of expenses related to delivery that are compensated to a Courier. 

Balance is the difference between debit and credit turnover amounts in the account of a Courier on the PilotDelivery delivery platform .

Confidential Information is the know-how, professional secrets, and other information that is confidential in its essence.

The Courier Fee is the payment for courier services related to the Order that a Client pays to a Courier in accordance with the Delivery Contract. 

The Delivery Contract is the contract that has been entered into by a Client and a Courier for delivering the Order via the PilotDelivery delivery platform. 

The Minimum Order Value is the amount determined by the PilotDelivery delivery platform which designates the minimum delivery order value, i. e. 2.5 EUR.

An Application is the notification sent to one or more Couriers which contains the information about the time, place, and value of the Order delivery. 

A User is any person that has registered a user account on the PilotDelivery delivery platform and uses the services of the PilotDelivery delivery platform via this account. 

The Point of Destination is the address specified in the Order, to which a Client wants the Product to be delivered. 

The Market is the arrangements and functions of the PilotDelivery delivery platform that allow to use the delivery service offered by Couriers. 

A Calendar day is the 24-hour time period which starts at 00:00 and finishes at 23:59.

2. GENERAL TERMS AND PROVISIONS
2.1. The PilotDelivery delivery platform enables the Client to order the delivery of any kind of item purchased in advance and outside of the PilotDelivery delivery platform to the Point of Destination.

2.2. For the goods to be delivered via the PilotDelivery delivery platform the Client enters into the Delivery Contract directly with the Courier. The Delivery Contract shall be regarded as having been entered into from the moment when the confirmation of the application for the Order has been sent out to the Client by the Courier.

2.3. In the course of managing the PilotDelivery delivery platform and the Market, PilotDelivery acts only as a provider of the information society service, but not as a party to the Delivery Contract. PilotDelivery does not bear any responsibility for the execution of the Contract.

2.4. In the course of managing the PilotDelivery delivery platform , PilotDelivery acts as the agent of Couriers in connection with mediating Delivery Contracts between Couriers and Clients. Each Courier has authorised PilotDelivery as an agent to accept payments from Clients on behalf of the relevant delegating entity (a Courier).

2.5. All Couriers provide the delivery service as independent economic and professional service providers. All Couriers acting on the PilotDelivery delivery platform are considered as traders within the meaning of the Regulation (EU) 2005/29.

3. PLACING ORDERS VIA PILOTDELIVERY DELIVERY PLATFORM
3.1. A Client can order the delivery of items via the PilotDelivery delivery platform. If the Courier is not able to deliver the items in the desired manner, the Courier shall not confirm the Order on the PilotDelivery delivery platform. The Courier may get in touch with the Client in order to agree on changing the Order in a way that the initial delivery Value would remain the same. If the Parties fail to reach an agreement or the Client is forced to pay more or less than the initial Order Value due to changes in delivery, the Order is cancelled, and the Client is not charged for the Order. The Order Value is paid back to the Client in full extent.
 
3.2. When creating the User account on the PilotDelivery delivery platform, the mobile phone of the User is linked to the User account and added into the PilotDelivery database. If the Client does not use this mobile phone number any more, he or she must notify thePilotDelivery about it within 7 days so that it would be possible to anonymize the data in the User account.

3.3. The client must follow the legislation applicable in the Republic of Estonia, including
3.3.1. the client must be aware of illegal handling of narcotic and psychotropic substances as well as firearms and ammunition.
3.3.2. the client must be aware of the requirements that are valid when purchasing alcohol, tobacco, energy drinks, and other products that, according to the valid legislation, require age identification. If a Client wants to order the goods that require age identification, he/she must confirm and/or prove his/her age in the course of placing the order. In addition to that, the Courier delivering the Order may refuse from handing over the goods if the Client does not submit an ID document that could prove that the Client is old enough for purchasing the goods legally.

3.4. If the Client is violating the provisions of clauses 3.3.1. and 3.3.2., the Courier must turn to law-enforcement authorities immediately.

4. MAKING DELIVERIES VIA THEPILOTDELIVERY PLATFORM
4.1. When placing the Order, the Client must arrange the provision of the delivery service by the Courier via the PilotDelivery delivery platform in order to ensure the delivery to the Point of Destination. The Client enters into the Delivery Contract with the Courier via the PilotDelivery delivery platform.

4.2. The Courier shall provide the delivery service to the Delivery Point of Destination specified on the PilotDelivery delivery platform. The Client and the Courier may agree on a different Delivery Point of Destination, provided that the new address is close to the initial Delivery Point of Destination (not further than a couple of streets away).

4.3. The Client must be present at the Delivery Point of Destination at least at the expected time of delivery of the Order which is specified on the PilotDelivery delivery platform. The Client must be able to answer the phone calls made at the phone number that has been submitted via the PilotDelivery delivery platform from the moment when the Order has been submitted on the PilotDelivery delivery platform until the Order is received by the Client.

4.4. PilotDelivery may cancel delivery on behalf of the Courier and ask from the Client for the compensation of the Full Value of the Order or to reduce the Balance of the Client by the full value of the Order in the following cases:
4.4.1. the Client is not present in the Delivery Point of Destination within 5 minutes after the arrival of the Courier; 
4.4.2. the phone number provided by the Client does not respond to the calls made by the Courier within 5 minutes after the Courier has arrived at the Delivery Point of Destination; or 
4.4.3. the Client and the Courier are not able to agree on the new Delivery Point of Destination, in accordance with clause 4.2 above.

4.5. All times of delivery that the Courier of PilotDelivery submits to the Client via the PilotDelivery delivery platform are only indicative. It may not be guaranteed that the Order is executed by the anticipated time. The time of delivery may also be affected by such factors as traffic jams, rush hours, and weather conditions.

5. COMPLAINTS
5.1. If the Client has complaints with regard to any delivery he or she has ordered, it is recommended that the Client would notify PilotDelivery about it by means of the PilotDelivery delivery platform as soon as possible, but no later than within 14 days after the Order has been executed. PilotDelivery may ask for proofs and explanations with regard to the circumstances related to the complaint.

5.2. Even though PilotDelivery is not the provider of the delivery service and does not bear responsibility for relevant goods and services, PilotDelivery is trying to facilitate reaching a friendly solution and may pay the money back to the Client or compensate the amount into the Balance for the delivery if PilotDelivery has reasonable grounds to believe that the complaint is justified.

5.3. The Client may also submit claims directly against the Courier.

5.4. The Client may get in touch with the customer support of PilotDelivery via the communication function on the PilotDelivery delivery platform, where the Client may view the opened conversations and their history, including the date and time of a conversation.

6. PAYMENTS AND CALCULATIONS
6.1. The Client must pay the Courier Fee to the Courier that has been calculated by the PilotDelivery Delivery platform. When calculating the Courier Fee, the time of delivery, the distance of delivery, the method of delivery, and other criteria are taken into consideration. The amount of the Courier Fee is displayed to the Client before the confirmation of each Order. PilotDelivery delivery platform from time to time may change the details of calculating the Courier Fee, taking into consideration the situation on the market, the number of Couriers and their availability on the market, and other factors, related to the service.

6.2. PilotDelivery, acting as an agent of the Courier, prepares and issues informative receipts and invoices to the Client on behalf of the Courier and accepts payments from the Clients on behalf of the Courier.

6.3. All payments shall be carried out from the bank card of the Client or any other payment method that has been entered on the PilotDelivery delivery platform , except for the payments in cash. Payments are processed by a third party payment mediator. By confirming the Order, the Client authorises the payment by means of his or her bank card or any other suitable payment method in the amount of the Order Value, as a result of which the relevant amount is reserved on the bank card of the Client or any other payment method.

6.4. Payment obligations of the Client arising from the Delivery Contract shall be regarded as having been fulfilled accordingly with regard to the Courier (if relevant) if the Client has made a payment to PilotDelivery and debited it from the credit card of the Client or another suitable payment method or if the Client has fully paid the Order Value to the Courier in cash. If the Order Value cannot not be debited from the credit card of the Client, the Order is not submitted to the Courier.

6.5. PilotDelivery may enable Clients to pay for the Order to the Courier in cash at the Point of Destination of the Order delivery. In this case, the Client shall pay the Order Value to the Courier in cash at the Point of Destination. PilotDelivery may at its own discretion limit cash payments with regard to a specific Client.

6.6. In the event of cash payment, the Courier enters the amount received from the Client on the PilotDelivery delivery platform. If the amount does not conform to the payment obligation arising from the Delivery Contract, the Balance by default: 
6.6.1. is reduced by a smaller amount paid for the Order or by the full value of the Order (e.g. if the Client is not present at the Delivery Point of Destination, in accordance with clause 4.4, the Client refuses from making a payment, etc.); 
6.6.2. is increased by a bigger amount paid for the Order.

6.7. The Balance is applied by default upon placing the Order. The Balance is not exchanged for money.

6.8. By giving his or her consent to the present Terms and Conditions, the Client gives a clear consent to accepting electronic invoices. Electronic invoices are issued and accepted in any electronic format, including by e-mail, to which a PDF document is attached.

7. CANCELLATION AND SUSPENSION OF USAGE 
7.1. The Client has the right to cancel the order before the courier has received it by clicking on the cancellation button in the application.

7.2. PilotDelivery has the right to remove the Client from the PilotDelivery delivery platform immediately and/or refuse from accepting the Orders or cancel them if the Client abuses the PilotDelivery delivery platform or damages it, if PilotDelivery has reasonable grounds to believe that the Client has committed an offence in the course of using thePilotDelivery delivery platform, or if the Client does not fulfil the obligations arising from the General Terms and Conditions in some other way (e.g. has not been present at the Delivery Point of Destination several times, in accordance with clause 4.4).

7.3. The Client must not use the PilotDelivery delivery platformfor the purpose of money laundering as well as for other criminal activities. If the Client has violated clause 7.3, PilotDelivery shall terminate the usage of the PilotDelivery delivery platform by the Client for good as well as notify relevant law-enforcement authorities about it.

8. LICENSING, INTELLECTUAL PROPERTY RIGHTS, AND DATA PROCESSING
8.1. By registering on the PilotDelivery delivery platform, PilotDelivery provides the User with the retrievable, unwaivable non-exclusive license without the right to grant a sublicense for using the PilotDelivery delivery platform with the purpose of arranging the delivery of movably property.

8.2. All intellectual property rights that are related to software, documents, or information that is used or developed by PilotDelivery or on its behalf on the basis of the General Terms and Conditions at the time of the provision of the information society service (including thePilotDelivery delivery platform and the materials uploaded to it) belong to PilotDelivery. The User must not copy, change, adapt, reverse engineer, decompile, or detect the source code of the PilotDelivery delivery platform or any other software used by PilotDelivery. The User may use the PilotDelivery delivery platform only for his or her personal non-business purposes.

8.3. The principles of processing the personal data of Users and Clients are established in the Privacy Policy Principles that are available on the PilotDelivery delivery platform.

8.4. PilotDelivery does not give confirmations or issue warranties in connection with the quality of the PilotDelivery delivery platform, including in connection with obvious or hidden faults, suitability for a common/usual or specific purpose, and PilotDelivery is not obliged to satisfy the complaints submitted by Users in connection with the quality of the PilotDelivery delivery platform.

9. LIABILITY
9.1. Couriers bear sole responsibility for performing the Delivery Contract, and PilotDelivery does not bear responsibility for that.

9.2. If a Client suspects that his or her credit card linked to the PilotDelivery Delivery platform has been stolen and/or a third party has used it for committing an offence, the User must notify PilotDelivery about it immediately. Until this kind of notification has been received, PilotDelivery does not bear any responsibility for any kind of fraud that has been committed in the account of the User using the User's credit card by third parties.

9.3. PilotDelivery does not bear liability for any interruptions, connection faults, inability for use or failures existing on the PilotDelivery delivery platform, but PilotDelivery does not limit the right of the Client to claim for the compensation of damage or use other legal remedies established in legislation if the services on the PilotDelivery delivery platform do not conform to the current Terms and Conditions. In addition to that, PilotDelivery may at its own discretion establish new and/or terminate the existing functionalities on the PilotDelivery delivery platform, notifying the Clients about such terminations accordingly.

10. OTHER PROVISIONS
10.1. PilotDelivery reserves the right to make changes in the General Terms and Conditions at any point, uploading the amended General Terms and Conditions to the PilotDelivery delivery platform and notifying the User about it by e-mail that the User has provided when creating the user account at PilotDelivery.

10.2. PilotDelivery may make changes or remove different parts of the PilotDelivery delivery platform or change the PilotDelivery delivery platform and its properties.

10.3. The Client has the access to the PilotDelivery delivery platform only with internet connection. There are no specific technical requirements as to the internet connection, but the quality of the PilotDelivery services may be affected by internet speed. The PilotDelivery delivery platform is available in Android and Apple devices in accordance with the latest software developments.

10.4. The PilotDelivery delivery platform is available in several languages that can be changed in the Client profile.

10.5. PilotDelivery can monitor the location of the Client's device by means of the PilotDelivery delivery platform. There may be restrictions related to the provision of the PilotDelivery delivery platform services that are based on the location of the Client's device.

10.6. The Estonian legislation is applied to using the PilotDelivery delivery platform as well as to all of the legal relations created on its basis.
 
10.7. If it is not possible to resolve a dispute arising from the General Terms and Conditions by means of negotiations, the dispute shall be resolved at Harju County Court in Tallinn, the Republic of Estonia.

10.8. If the General Terms and Conditions have also been drawn up in any other language, the English-language version prevails.