We are CrowdSender UG („CrowdSender“, „we“, „us“ or „our“) and we are an online platform / marketplace where people can offer delivery services for other people. Our aim is to reach a certain degree of sustainability in the shipping world. As we see that there are a lot of people commute every day by their personal vehicles having almost always an empty or half full trunk. As well as frequent travellers having additional free spaces in their luggage who are willing to take advantage of that. So, we decided to establish a new delivery platform where people can offer their free space for shipping other people’s items. We create a win-win situation: travellers can use their full travel capacity and thus cover part of their travel expenses and senders of the deliveries can save money by avoiding high shipping fees of established delivery services and enjoy the benefits of flexible deliveries. We do this via our Mobile Application “CrowdSender” (https://crowdsender.de/).
By accessing our CrowdSender platform or using any part of this platform as a traveller or a sender, the person accessing the CrowdSender platfom agrees to the Terms & Conditions, Community rules and its contained documents.
The Terms & Conditions, the Privacy Policy and the Community Rules describe and encompass the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, both written and spoken, with respect to the site, the content and computer programs provided by or through the site, and the subject matter of this agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you. Agreement posted on the site reflects the latest agreement and you should carefully review the same before you use our site.
Please read these Terms & Conditions (along with CrowdSender Privacy Policy and Community rules) carefully before accessing the website and the mobile Application.
Terms & Conditions constitute a legally binding agreement between you and CrowdSender. If you do not agree to all the terms and conditions of these Terms & Conditions, you may not access the website and Mobile App or use our services. By creating an account or by using or visiting our website and Mobile App, you are bound by these Terms & Conditions, and you indicate that you accept these terms of use.
All new features or information added to the website are also subject to the Terms of Use. On this website you can view the latest version of the Terms of Use at any time.
By accepting these terms, you confirm that you are of legal age to use this website. You must not transmit any worms or viruses or any code of a destructive nature. One or more violations of these terms of use will result in immediate termination of our services, notwithstanding any other legal rights available to us for any damage occurred by us because of such violation. Unauthorized use of this website may also constitute a criminal offence.
CrowdSender is not required to take steps to conduct a criminal or other background check or otherwise assess the character of a user (individual or company) and expressly disclaims any responsibility to this respect.
We reserve the right to refuse the services at any time for any reason. You agree not to reproduce, copy, sell or use any part of the service, use of the service or access to the service or any contact on the website through which the service is provided without our express written permission. The headings used in these terms of use are for guidance only and have no legal meaning.
We reserve the right to change or discontinue the service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
CrowdSender will make a maximum effort to ensure that the Website and the Mobile Application functions properly and is permanently accessible by our users. However, we are dependent on external parties in this context. Thus, we cannot guarantee that the Website and the Mobile Application will always be accessible or function properly. CrowdSender may not be held liable for any damages resulting from the use of the Mobile Application or from reduced functionality or temporary non-availability.
We aim to keep our Mobile Application, in so far as reasonably practicable, free from harmful elements that can affect the correct functioning of computer hardware or software. However, we cannot guarantee that this website is entirely free of such elements and therefore we accept no liability for the consequences that opening or reviewing (parts of) this website have for the correct functioning of computer hardware or software.
We assume no responsibility for the inaccuracy, incompleteness or timeliness of the information provided on this website and on the Mobile Application. The information on this website and on the Mobile Application is for general Information purposes only and should not be used as the sole basis for decision making. Any reliance on the material on this website and on the Mobile Application is at your own risk. This website and the Mobile Application may contain certain historical information. Historical information is not necessarily the latest information and is for reference only. We reserve the right to change the content of this website and the Mobile Application at any time. However, we are not obliged to update information on our website and on the Mobile Application. You agree that it is your responsibility to monitor changes to our website and the Mobile Application.
Certain content, products, and services available via our website may include materials from third parties.
Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Your submission of personal information through this page and the Mobile Application is governed by our Privacy Policy. If you provide fraudulent, untrue, inaccurate, incomplete or non-current information, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or non-current information, we reserve the right to discontinue our services without further notice, notwithstanding any other rights provided to us by the applicable law. CrowdSender assumes no responsibility towards its users regarding the validity, accuracy and/or truthfulness of the personal data, declarations and any other information provided by other users via the website.
To access our services, you must register an account and become a member. You are allowed to have only one (1) account at a time and may not transfer your account to another person at any time. As stated above, you hereby declare and guarantee that you are over eighteen (18) years of age are and can enter into legally binding agreements in the relevant jurisdiction(s). You also represent and warrant that you will comply with all applicable import and export control laws or customs laws in your local jurisdiction.
You can register for an account using your email and password or by using your existing third-party network accounts, such as Google or Facebook or others (“Third-party networks”) that are now or will be available through CrowdSender. You agree to provide accurate, up-to-date, and complete information at the time of account registration and at all other times when you use the CrowdSender platform and to constantly update this information to ensure that the information remains accurate, up-to-date, and complete.
You are responsible for protecting the password of your account and other information. You are solely responsible for all activities that take place on or through your account and that you immediately inform us of any suspected unauthorized use. CrowdSender is not liable or otherwise responsible for any loss or damage caused, in whole or in part, by unauthorized use of your account. However, you may be liable or responsible to CrowdSender or a third party for unauthorized use of your account.
To access all services of our platform such like post shipments and/or trips and send requests to other users, you need to be a registered user.
You can be verified by email and/or mobile phone number and/or ID document. Users of the CrowdSender platform must verify their identification.
The CrowdSender platform has the right to choose or change verification methods.
After the successful verification all the users that want to use our services can create their shipping requests through the functionality “Add Shipments” or “Add trip”. The CrowdSender provides the following services to its users, as shown on the Mobile Application:
For Sender:
For Traveller:
With respect to the Traveller rights, all extra costs and fees that can incur in regard of the shipments such as custom fee, taxes, packing costs, custom fee etc., should be covered by the Sender. The Traveller is obliged to present a bill of payment of these services to the Sender to claim the reimbursement.
Both the Traveller and the Sender are obliged to follow the information they have provided and agreed during the chatting via the CrowdSender platform. This information includes time of pick-up and delivery, pricing, item dimensions, type of transportation, vehicle type, destination etc.
If the provided information is non-conform that leads to extra charges for the Sender, the CrowdSender will only pay the agreed price.
If the Traveller needs to cover extra costs in regard of the shipment from the Sender, it is the responsibility of the users to clarify the situation in the chat.
Remember, only when the conversation between the Traveller and the Sender has been taken place within the CrowdSender platform, we can assist you on any occurred issues and discrepancies. All the agreements that have been made outside the CrowdSender platform are out of our scope and in this case, we cannot offer you our assistance and support.
The CrowdSender is not responsible for any non-conform information provided between both parties in regard of shipments and trips. In case of this kind of issues, the Crowdsender will only try to facilitate the communication between the users.
CrowdSender is not responsible for the content of the packages. It is the responsibility of the Traveller to inspect the content of the packages before he/she starts the trip. We kindly encourage the Traveller to check the content of every package upon its pick-up. The Sender is obliged to give the Traveller the right to check the content of the packages. In case the Sender doesn’t allow the Traveller to audit the package inside, the Traveller has the right to deny the delivery service for this package. The Traveller has the right to refuse to pick-up the package if he/she didn’t see its content.
Both the Traveller and the Sender have the right to cancel the deal if the provided information regarding the shipments and/or the trip doesn’t match.
Both the Traveller and the Sender are responsible for any illegal item in accordance with the applicable laws and regulations of the respective jurisdiction.
Payments on the CrowdSender platform are possible by PayPal.
PayPal
During the order process, you can be redirected to the website of the online provider PayPal. There you can enter your payment data and confirm payment instructions to PayPal. After entering the transaction data, we ask PayPal to initiate the payment process.
SOFORT bank transfer
After you have entered the transaction details, you can forward to the Website of the online provider “SOFORT bank transfer”, where you can confirm the payment instruction to “SOFORT bank transfer”.
CrowdSender reserves the right to offer payment method through other third-party providers and will notify you if CrowdSender decides to do so. CrowdSender will publish relevant information about the new payment processing service provider on the Luggage Pool platform. CrowdSender is neither liable nor responsible for the quality and result of the payment method/payment procedure provided by the third parties. All claims in connection with the payments shall be addressed directly to the payment providers.
You as a Sender agree not to request for shipping any items that are prohibited by the transit or destination laws of any local jurisdiction.
You as a Traveller agree not to deliver any items that are prohibited by law for disembarkation, transit, or embarkation.
The list of the prohibited items (the list can be expanded):
• Drugs
• Knives, batons or other weapons
• Pornography or obscene materials
• Alcohol
• Firearms, ammunition, explosives, or chemicals
• Aerosols or other flammable materials
• Batteries
• Dangerous materials
• Counterfeit goods
• Stolen property
• Human remains
• Currency
• Any product or item that is associated with illegal activity
• Items without a customs declaration if one is required
It is the responsibility of both the Traveller and the Sender to consult their respective government authorities as to which items may or may not be taken to a country of origin or from a country of origin.
The CrowdSender platform is based on trust and reliability of its users. We highly recommend you accept and send requests only after you read the other user’s profile and ratings (if this available). It is important to build trust upon meet-up in person and hand over your personal item to another person.
The Traveller offers a free space in his luggage or vehicle. The Traveller is obliged to give details of his/her trip and the dimension of the available space.
The Traveller is allowed to ship items from the following categories:
• Furniture
• Bulky items
• Documents
• Clothing
• Electronics & Devices
• Animals
• Food (check the travel restrictions)
• Goods that should be bought to you (check the customs regulations beforehand)
• Other
The Sender can either search for an appropriate Traveller or create a shipment request with the full description of the shipment (dimensions, weight, specific details, picture, pick-up place, destination place and the reward for the shipping).
Remember, only if you communicate through the CrowdSender platform, we can assist you in any occurred issues in regard of your shipments or trips. We cannot offer you our support you in case the communication has been taken place outside the CrowdSender platform. However, CrowdSender is entitled to block users due to suspicious activity.
CrowdSender is not responsible for the possible illegal activities that can develop from the information exchange between the users. Users are alone responsible for the information they exchange with each other.
If the Traveller and the Sender agree to all aspects of the shipping deal (e.g., time, price, destination), the Sender must agree to the Traveller’s storage offer (luggage or vehicle) and the Traveller must agree to the shipment’s details of the Sender. When a user accepts the deal, he/she shows his/her consent on all terms on conditions with the other part of this deal. In this case the Sender and the Traveller commit themselves to each other in the agreed manner.
The Sender and the Traveller must confirm the completion of the delivery once the trip has been completed. Only when both users confirm the successful completion of the journey, the Traveller will be sent the reward. After successful completion of the delivery, both users are encouraged to leave a review of the deal with the other part. The rating system is created by the personalized experience of the users.
The Sender is entitled to build up the price he/she is ready to pay for the shipping of his/her item. The Traveller is also entitled to build up the price he/she wants to get paid for the provided shipping services. Although, our system will advise the user on the minimum and maximum price range based on the information the Sender and the Traveller provided with by creating a shipping or trip request.
By price building we recommend you consider:
• the size & weight of the item
• the distance until the drop off location
• the urgency of delivery (same day delivery or depending on the available & suitable trips)
• and the effort the traveller needs to make in order to deliver your items (e.g. pick up at your home, help to load to the vehicle etc.).
The system will calculate and suggest you a price based on our algorithms and previous shipping experiences.
The CrowdSender fee is 15% of your suggested price (but at least 2€ if your shipment price less than 13€).
The traveller will be shown only your suggested price without our fee, e.g.:
• your price is 20€ – the traveller receives 17€
• your price is 7 € – the traveller receives 5€
CrowdSender was created for private individuals to give them the opportunity to save costs, time, and effort for delivering items by other platform users. CrowdSender allows its users to pursue their personal interests, not the business one. Therefore, it is not allowed to use the CrowdSender platform for earning/making money via providing professional delivering services. CrowdSender is not a profit-making platform. CrowdSender is not allowed to be used as a regular income source. Users are alone responsible for any breach and non-compliance with corresponding tax and social security laws.
CrowdSender is only the platform for connecting people with common interests and goals. CrowdSender is not responsible for items, agreements, information exchanges, conversation, arrangements, and relationships between the users. Users are responsible to comply with all relevant and applicable laws.
The person commits to abide by the phrases of this agreement, to act in accordance with the Community policies and guidelines and to pay for the offerings furnished to him according with the phrases of this agreement.
The user undertakes to severally verify the knowledge regarding the terms and conditions for the availability of the services by the CrowdSender platform and its costs.
By using the CrowdSender platform, the user agrees to abide by the applicable and actual laws including legal regulations on the payment of taxes and fees.
The user commits to use the service of the CrowdSender platform only for legal purposes.
The user agrees not to take any actions that infringes the rights of the CrowdSender platform and other parties. The user shall not in any manner violate or in any other case endanger the safety of the third party.
The Traveller acts as a natural person, in his/her own name and on his/her own behalf. The Traveller doesn’t have any employment relationship, contractor, or any similar relationship to provide services to the CrowdSender platform. Hence, in case of emergence of accident, damage, personal or bodily injury, death, etc. during the execution of the delivering and transportation services by the users, the CrowdSender platform will have no liability and no responsibility in this regard and the users will reimburse and preserve the CrowdSender platform from any related third-party claims.
The users commit not to perform any action geared toward getting access to any other person’s account. The users agree not to post within the CrowdSender platform any marketing and advertising for the items whose content material is illegal according to the relevant legislation. It is the liability of the Traveller to examine the items/packages right away, directly upon the user receives the items/packages.
The users are obliged to periodically (at least once a month) review the information associated with the supply of the services, which includes the phrases of these Terms & Conditions and annexes. The further use of the CrowdSender platform shall be considered the user’s consent to the adjustments and additions, except any other case expressly communicated on this agreement.
When collaborating with other users of the Crowdsender platform, users must admit and confirm the following:
• CrowdSender is not responsible to meet the demands, requirements and expectations in regard of delivering services of the items/packages;
• CrowdSender takes no responsibility for the quality of delivery services provided by the Traveller including timing and possible occurrence of any damages and discrepancies;
• CrowdSender and the users are entirely separated and independent parties that do not affect and influence activities of each other;
• CrowdSender solely provides the Mobile Application (in further steps also a website), which gives the opportunity to post appropriate shipping requests and allows users to arrange the delivery services via the platform;
• CrowdSender is solely a platform which helps the Traveller and the Sender to create the contractual relations in regard of the delivery services provided by the Traveller to the recipient of the Sender’s item/package AND the payments of these delivery services between the Traveller and the Sender occur solely and straight between the Traveller and the Sender, in which case the CrowdSender platform’s fees are applied.
Besides above-mentioned interdictions under the Terms & Conditions, the usage of the CowdSender platform (both Mobile Application and Website) is prohibited:
• for illegal intents;
• for indecent, depraved, and immoral intents;
• to spam, pharm, crawl, scratch, spider, pretend or phish;
• to provide and publish incorrect and inveracious information;
• to gather and track the personal information of other users;
• to abuse, harass, insult, slander, violate, offense, disrespect, deterrence, or discrimination based in gender, religion, sexual orientation, ethnic and national origin, race, age, or disability;
• to impel to participate or to be involved in any illicit and illegal activity by any other person;
• to intervene in or deceive the security system of our or any related services, other websites, and service providers on the internet;
• to upload and spread any virus and malicious programs that can affect the functionality of our and any related services, other websites, and service providers on the internet;
• to infringe any local, regional, state, federal or international laws, rules, regulations or local prescriptions;
• to violate the CrowdSender’s intellectual property rights or any other third-party;
We keep the right to terminate your usage of our services or any related service providers and deactivate your account for infringements or suspected violation of the Terms of this section.
Only deals that have been made through CrowdSender platform can be considered for a refund. Any agreements and arrangements between the users that have been made outside the CrowdSender platform will not be considered.
The cancellation of the accepted deal may be requested and may lead to a refund procedure, that my take up to 5 working days.
Cancellation by the Sender:
• If the Sender requests to cancel the deal more than 5 hours before the trip starts, the Sender will be reimbursed the reward for the Traveller (in this case the Traveller will not get paid any money). The service fee (15%) of CrowdSender will not be reimbursed to the Sender.
• If the Sender requests to cancel the deal 5 hours or less before the trip starts, the Sender will be reimbursed half of the reward for the Traveller (in this case the Traveller will receive the other half of this amount). The service fee (15%) of CrowdSender will not be reimbursed to the Sender.
• If the Sender requests to cancel the deal when the trip has started or the Sender did not come to the meeting point 15 minutes after the agreed time without notifying the Traveller, the Sender will not be reimbursed the compensation. In this case the Traveller will receive the full amount of the agreed price. The service fee (15%) of CrowdSender will not be reimbursed to the Sender.
Cancellation by the Traveller:
• If the Traveller requests to cancel the deal before the trip starts, the Sender will be reimbursed the full amount paid that includes the reward for the Traveller AND service fees (15%) of CrowdSender.
• If the Traveller does not reach the drop-of location at the agreed time and does not get in touch with the Sender within the next 24 hours, the shipped item/package is considered lost or stolen. This action will be treated according to the law of the country in which the Traveller resides. The Sender will be reimbursed the full amount paid that includes the reward for the Traveller AND service fees (15%) of CrowdSender. If the insurance was acquired for shipped item, the value of this item will be refunded by the insurance company on the base of the insurance policy.
The EU Commission provides a platform for out-of-court dispute resolution:
https://ec.europa.eu/consumers/odr/main/
This allows consumers to resolve disputes in regard of their online orders without involving a court.
Please check General information obligation according to § 36 Consumer Dispute Settlement Act (CDSA)
We are not obliged and not willing to participate in a dispute settlement proceeding before a consumer arbitration board.
We do not warrant, assure, and guarantee that your usage of our service will be secure, uninterrupted, prompt, timely or unerring.
We can not ensure that the outcome and performance achieved by using our service is exact or credible.
The services and content and all information on this website are provided “as is” without warranty of any kind.
Even so we provide identity verification by a third party that offer extra security for the transactions. We can not and will not use the identity verification to prove the identity of each user.
You are alone responsible for detecting the identity and validity of other users you interact through our services with.
CrowdSender does not warrant that our technical equipment is enough to define whether it is reasonable for you to interact with another user. Besides, we do not recommend anyone who uses our services or who creates an account on our platform.
We do not examine or check any user’s reputation, principles, crime history, or any other information users may provide with upon creating an account on our platform or while using our services.
We advise you to be cautious while communicating with other users, especially when encountering a stranger in real for the first time. Although it is one of many methods to decrease risk of wrongful acts of a member, it is not a warranty of any member’s personality or good will.
CrowdSender only acts as mediator for both parties (Sender and Traveller) for an unimpeded transaction. CrowdSender takes no financial responsibility for the content and the delivery of the items/packages, unless as otherwise provided in this document.
Users can insure their items/packages for damage cases. In case of damage the users should communicate this issue with the insurance company, CrowdSender takes no responsibility for financial compensation.
In case of item/package loss, the compensation will not be refunded neither by the insurance company nor by CrowdSender. The communication should be conducted between the users. CrowdSender takes no financial responsibility for any financial compensation.
CrowdSender does not guarantee the reliability, consistency, safety, promptness or timeliness of the services, user’s statements, content, or information provided on the CrowdSender platform. No information provided through the CrowdSender platform represents a guarantee that is not specifically stated in these terms of use.
You confirm and agree that these limitations and exceptions of liability and warranty in these terms of use are fair and acceptable.
To the fullest degree accepted by law, CrowdSender shall not be responsible for any accidental, unforeseen, indirect, sample, penalty, or circumstantial damages, lost income or breakages for loss of data or business interruption or terminating resulting from or the use or failure to use the CrowdSender platform, regardless of guarantee, contract, delict, tort or any other theory of law, and apart from CrowdSender has been notified of such damages and breakages.
EXCEPT OF SPECIFICALLY AND PARTICULARLY PROVIDED HEREIN, CROWDSENDER MAKES NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATED OR ASSUMED, IN RELATION TO THE SUPPLY OF ITS SERVICES, THE DAMAGE, LOSS OR PARTIAL LOSS OF THE PARCEL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ELIGIBILITY OF ITS SERVICES AND APPROPRIATENESS FOR TARGETED AND CERTAIN INTENTION.
You agree to compensate and hold CrowdSender harmless from and against any and all claims or demands, including appropriate attorney fees, made by a third-party due to infringement of these terms of use or the documents provided therein, or a breach of laws or rights.
These Terms of Conditions and all individual agreements under which we offer services to our users are subject to the laws of the Federal Republic of Germany and will be interpreted accordingly.
Admission to the content may not be lawful for particular individuals or in particular countries. If users access the Mobile Application or the website outside the Germany, this is at your own risk, and you solely take responsibility for conformity with laws and jurisdiction.
All arguments and disputes emerging between CrowdSender and users or between users might first be solved by conversation. If it is not possible to solve the dispute through the conversation, any legal claims or proceedings arising out of or in relation with the terms of use must be filed with the court in Germany, and users agree to the unique personal jurisdiction and jurisdiction of such courts.
On this page you can view the most recent version of the terms of use at any time.
We have the right, at our sole discretion, to update, change, modify, or replace parts of these terms of use by posting updates and amendments on our website. It is your responsibility to check the website periodically for changes. Your continued use or accessing of our service following the posting of any changes to these Terms & Conditions constitutes your acceptance of such changes.
All text, content, data, images, information, and other materials present, displayed or available on the Mobile Application and this Website (“Content”), inclusive any intellectual property rights in such content (inclusive trademarks and copyrights) or other intellectual property rights associated with the Mobile Application and this Website (further “Intellectual Property Rights”), are the property of CrowdSender and are protected by appropriate intellectual property laws.
The users shall suppose that everything the user sees, encounters, observes and reads on the Mobile Application and the Website is protected by intellectual property rights, excepts that otherwise stated, and may not be used without the written consent of CrowdSender or the corresponding owner, except as expressly and directly stated in these terms.
Additionally, you confirm that CrowdSender has all rights, entitlements and legal claims to CrowdSender trademarks, trade names, trade secrets, patents, service marks, copyrights, technologies, software and know-how relating to the design, operation or function of the service.
Your rights regarding the services are strictly limited to the rights expressly granted in this agreement.
Any provision or application of any provision of these Terms & Conditions which Is prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
• the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
• the validity or enforceability in other jurisdictions of that or any other provision of this Agreement; or
• the remaining provisions in this or any other jurisdiction.
If any provision is illegal, void, or unenforceable, such provision may be severed without affecting the enforceability of the other provisions of these Terms of Use.
Any grounds of action you may have in relation to your use of our services must be asserted within one (1) year of the occurrence of the claim or ground of action.
We shall not be responsible for any errors, failures or delay in the fulfilment of obligations under the terms & conditions if the errors, failures or delay triggered by circumstances beyond our control, including but not limited to “Force Majeur“, war, military actions, hostilities, invasion, foreign enemies, terrorism or riots, storm, earthquake or other natural disaster of overwhelming magnitude („Force Majeure“).
If you have any questions regarding the Terms & Conditions, please send your queries to info@crowdsender.com.
By accepting these terms, you confirm that you are of legal age to use this website. You must not transmit any worms or viruses or any code of a destructive nature. One or more violations of these terms of use will result in immediate termination of our services, notwithstanding any other legal rights available to us for any damage occurred by us because of such violation. Unauthorized use of this website may also constitute a criminal offence.
CrowdSender is not required to take steps to conduct a criminal or other background check or otherwise assess the character of a user (individual or company) and expressly disclaims any responsibility to this respect.
We reserve the right to refuse the services at any time for any reason. You agree not to reproduce, copy, sell or use any part of the service, use of the service or access to the service or any contact on the website through which the service is provided without our express written permission. The headings used in these terms of use are for guidance only and have no legal meaning.
We reserve the right to change or discontinue the service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
CrowdSender will make a maximum effort to ensure that the Website and the Mobile Application functions properly and is permanently accessible by our users. However, we are dependent on external parties in this context. Thus, we cannot guarantee that the Website and the Mobile Application will always be accessible or function properly. CrowdSender may not be held liable for any damages resulting from the use of the Mobile Application or from reduced functionality or temporary non-availability.
We aim to keep our Mobile Application, in so far as reasonably practicable, free from harmful elements that can affect the correct functioning of computer hardware or software. However, we cannot guarantee that this website is entirely free of such elements and therefore we accept no liability for the consequences that opening or reviewing (parts of) this website have for the correct functioning of computer hardware or software.
We assume no responsibility for the inaccuracy, incompleteness or timeliness of the information provided on this website and on the Mobile Application. The information on this website and on the Mobile Application is for general Information purposes only and should not be used as the sole basis for decision making. Any reliance on the material on this website and on the Mobile Application is at your own risk. This website and the Mobile Application may contain certain historical information. Historical information is not necessarily the latest information and is for reference only. We reserve the right to change the content of this website and the Mobile Application at any time. However, we are not obliged to update information on our website and on the Mobile Application. You agree that it is your responsibility to monitor changes to our website and the Mobile Application.
Certain content, products, and services available via our website may include materials from third parties.
Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Your submission of personal information through this page and the Mobile Application is governed by our Privacy Policy. If you provide fraudulent, untrue, inaccurate, incomplete or non-current information, or if we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or non-current information, we reserve the right to discontinue our services without further notice, notwithstanding any other rights provided to us by the applicable law. CrowdSender assumes no responsibility towards its users regarding the validity, accuracy and/or truthfulness of the personal data, declarations and any other information provided by other users via the website.
To access our services, you must register an account and become a member. You are allowed to have only one (1) account at a time and may not transfer your account to another person at any time. As stated above, you hereby declare and guarantee that you are over eighteen (18) years of age are and can enter into legally binding agreements in the relevant jurisdiction(s). You also represent and warrant that you will comply with all applicable import and export control laws or customs laws in your local jurisdiction.
You can register for an account using your email and password or by using your existing third-party network accounts, such as Google or Facebook or others (“Third-party networks”) that are now or will be available through CrowdSender. You agree to provide accurate, up-to-date, and complete information at the time of account registration and at all other times when you use the CrowdSender platform and to constantly update this information to ensure that the information remains accurate, up-to-date, and complete.
You are responsible for protecting the password of your account and other information. You are solely responsible for all activities that take place on or through your account and that you immediately inform us of any suspected unauthorized use. CrowdSender is not liable or otherwise responsible for any loss or damage caused, in whole or in part, by unauthorized use of your account. However, you may be liable or responsible to CrowdSender or a third party for unauthorized use of your account.
To access all services of our platform such like post shipments and/or trips and send requests to other users, you need to be a registered user.
You can be verified by email and/or mobile phone number and/or ID document. Users of the CrowdSender platform must verify their identification.
The CrowdSender platform has the right to choose or change verification methods.
After the successful verification all the users that want to use our services can create their shipping requests through the functionality “Add Shipments” or “Add trip”. The CrowdSender provides the following services to its users, as shown on the Mobile Application:
For Sender:
2. Create shipment
-> the user can create a shipping post and wait when an appropriate Traveller find his/her shipping post and send him/her a request OR
2. Find Traveller
-> the user can search for an appropriate Traveller and request the free space in his/her vehicle or luggage
For Traveller:
1. Create trip
-> the user can make a post about his/her upcoming trip and about the availability of some free space either in his vehicle or in the luggage
2. Find shipment
-> the user can search for appropriate shipments that he/she can deliver on his way
With respect to the Traveller rights, all extra costs and fees that can incur in regard of the shipments such as custom fee, taxes, packing costs, custom fee etc., should be covered by the Sender. The Traveller is obliged to present a bill of payment of these services to the Sender to claim the reimbursement.
Both the Traveller and the Sender are obliged to follow the information they have provided and agreed during the chatting via the CrowdSender platform. This information includes time of pick-up and delivery, pricing, item dimensions, type of transportation, vehicle type, destination etc.
If the provided information is non-conform that leads to extra charges for the Sender, the CrowdSender will only pay the agreed price.
If the Traveller needs to cover extra costs in regard of the shipment from the Sender, it is the responsibility of the users to clarify the situation in the chat.
Remember, only when the conversation between the Traveller and the Sender has been taken place within the CrowdSender platform, we can assist you on any occurred issues and discrepancies. All the agreements that have been made outside the CrowdSender platform are out of our scope and in this case, we cannot offer you our assistance and support.
The CrowdSender is not responsible for any non-conform information provided between both parties in regard of shipments and trips. In case of this kind of issues, the Crowdsender will only try to facilitate the communication between the users.
CrowdSender is not responsible for the content of the packages. It is the responsibility of the Traveller to inspect the content of the packages before he/she starts the trip. We kindly encourage the Traveller to check the content of every package upon its pick-up. The Sender is obliged to give the Traveller the right to check the content of the packages. In case the Sender doesn’t allow the Traveller to audit the package inside, the Traveller has the right to deny the delivery service for this package. The Traveller has the right to refuse to pick-up the package if he/she didn’t see its content.
Both the Traveller and the Sender have the right to cancel the deal if the provided information regarding the shipments and/or the trip doesn’t match.
Both the Traveller and the Sender are responsible for any illegal item in accordance with the applicable laws and regulations of the respective jurisdiction.
Payments on the CrowdSender platform are possible by PayPal.
PayPal
During the order process, you can be redirected to the website of the online provider PayPal. There you can enter your payment data and confirm payment instructions to PayPal. After entering the transaction data, we ask PayPal to initiate the payment process.
SOFORT bank transfer
After you have entered the transaction details, you can forward to the Website of the online provider “SOFORT bank transfer”, where you can confirm the payment instruction to “SOFORT bank transfer”.
CrowdSender reserves the right to offer payment method through other third-party providers and will notify you if CrowdSender decides to do so. CrowdSender will publish relevant information about the new payment processing service provider on the Luggage Pool platform. CrowdSender is neither liable nor responsible for the quality and result of the payment method/payment procedure provided by the third parties. All claims in connection with the payments shall be addressed directly to the payment providers.
You as a Sender agree not to request for shipping any items that are prohibited by the transit or destination laws of any local jurisdiction.
You as a Traveller agree not to deliver any items that are prohibited by law for disembarkation, transit, or embarkation.
The list of the prohibited items (the list can be expanded):
• Drugs
• Knives, batons or other weapons
• Pornography or obscene materials
• Alcohol
• Firearms, ammunition, explosives, or chemicals
• Aerosols or other flammable materials
• Batteries
• Dangerous materials
• Counterfeit goods
• Stolen property
• Human remains
• Currency
• Any product or item that is associated with illegal activity
• Items without a customs declaration if one is required
It is the responsibility of both the Traveller and the Sender to consult their respective government authorities as to which items may or may not be taken to a country of origin or from a country of origin.
The CrowdSender platform is based on trust and reliability of its users. We highly recommend you accept and send requests only after you read the other user’s profile and ratings (if this available). It is important to build trust upon meet-up in person and hand over your personal item to another person.
The Traveller offers a free space in his luggage or vehicle. The Traveller is obliged to give details of his/her trip and the dimension of the available space.
The Traveller is allowed to ship items from the following categories:
• Furniture
• Bulky items
• Documents
• Clothing
• Electronics & Devices
• Animals
• Food (check the travel restrictions)
• Goods that should be bought to you (check the customs regulations beforehand)
• Other
The Sender can either search for an appropriate Traveller or create a shipment request with the full description of the shipment (dimensions, weight, specific details, picture, pick-up place, destination place and the reward for the shipping).
Remember, only if you communicate through the CrowdSender platform, we can assist you in any occurred issues in regard of your shipments or trips. We cannot offer you our support you in case the communication has been taken place outside the CrowdSender platform. However, CrowdSender is entitled to block users due to suspicious activity.
CrowdSender is not responsible for the possible illegal activities that can develop from the information exchange between the users. Users are alone responsible for the information they exchange with each other.
If the Traveller and the Sender agree to all aspects of the shipping deal (e.g., time, price, destination), the Sender must agree to the Traveller’s storage offer (luggage or vehicle) and the Traveller must agree to the shipment’s details of the Sender. When a user accepts the deal, he/she shows his/her consent on all terms on conditions with the other part of this deal. In this case the Sender and the Traveller commit themselves to each other in the agreed manner.
The Sender and the Traveller must confirm the completion of the delivery once the trip has been completed. Only when both users confirm the successful completion of the journey, the Traveller will be sent the reward. After successful completion of the delivery, both users are encouraged to leave a review of the deal with the other part. The rating system is created by the personalized experience of the users.
The Sender is entitled to build up the price he/she is ready to pay for the shipping of his/her item. The Traveller is also entitled to build up the price he/she wants to get paid for the provided shipping services. Although, our system will advise the user on the minimum and maximum price range based on the information the Sender and the Traveller provided with by creating a shipping or trip request.
By price building we recommend you consider:
#
• the size & weight of the item
• the distance until the drop off location
• the urgency of delivery (same day delivery or depending on the available & suitable trips)
• and the effort the traveller needs to make in order to deliver your items (e.g. pick up at your home, help to load to the vehicle etc.).
The system will calculate and suggest you a price based on our algorithms and previous shipping experiences.
The CrowdSender fee is 15% of your suggested price (but at least 2€ if your shipment price less than 13€).
The traveller will be shown only your suggested price without our fee, e.g.:
• your price is 20€ – the traveller receives 17€
• your price is 7 € – the traveller receives 5€
CrowdSender was created for private individuals to give them the opportunity to save costs, time, and effort for delivering items by other platform users. CrowdSender allows its users to pursue their personal interests, not the business one. Therefore, it is not allowed to use the CrowdSender platform for earning/making money via providing professional delivering services. CrowdSender is not a profit-making platform. CrowdSender is not allowed to be used as a regular income source. Users are alone responsible for any breach and non-compliance with corresponding tax and social security laws.
CrowdSender is only the platform for connecting people with common interests and goals. CrowdSender is not responsible for items, agreements, information exchanges, conversation, arrangements, and relationships between the users. Users are responsible to comply with all relevant and applicable laws.
The person commits to abide by the phrases of this agreement, to act in accordance with the Community policies and guidelines and to pay for the offerings furnished to him according with the phrases of this agreement.
The user undertakes to severally verify the knowledge regarding the terms and conditions for the availability of the services by the CrowdSender platform and its costs.
By using the CrowdSender platform, the user agrees to abide by the applicable and actual laws including legal regulations on the payment of taxes and fees.
The user commits to use the service of the CrowdSender platform only for legal purposes.
The user agrees not to take any actions that infringes the rights of the CrowdSender platform and other parties. The user shall not in any manner violate or in any other case endanger the safety of the third party.
The Traveller acts as a natural person, in his/her own name and on his/her own behalf. The Traveller doesn’t have any employment relationship, contractor, or any similar relationship to provide services to the CrowdSender platform. Hence, in case of emergence of accident, damage, personal or bodily injury, death, etc. during the execution of the delivering and transportation services by the users, the CrowdSender platform will have no liability and no responsibility in this regard and the users will reimburse and preserve the CrowdSender platform from any related third-party claims.
The users commit not to perform any action geared toward getting access to any other person’s account. The users agree not to post within the CrowdSender platform any marketing and advertising for the items whose content material is illegal according to the relevant legislation. It is the liability of the Traveller to examine the items/packages right away, directly upon the user receives the items/packages.
The users are obliged to periodically (at least once a month) review the information associated with the supply of the services, which includes the phrases of these Terms & Conditions and annexes. The further use of the CrowdSender platform shall be considered the user’s consent to the adjustments and additions, except any other case expressly communicated on this agreement.
When collaborating with other users of the Crowdsender platform, users must admit and confirm the following:
• CrowdSender is not responsible to meet the demands, requirements and expectations in regard of delivering services of the items/packages;
• CrowdSender takes no responsibility for the quality of delivery services provided by the Traveller including timing and possible occurrence of any damages and discrepancies;
• CrowdSender and the users are entirely separated and independent parties that do not affect and influence activities of each other;
• CrowdSender solely provides the Mobile Application (in further steps also a website), which gives the opportunity to post appropriate shipping requests and allows users to arrange the delivery services via the platform;
• CrowdSender is solely a platform which helps the Traveller and the Sender to create the contractual relations in regard of the delivery services provided by the Traveller to the recipient of the Sender’s item/package AND the payments of these delivery services between the Traveller and the Sender occur solely and straight between the Traveller and the Sender, in which case the CrowdSender platform’s fees are applied.
Besides above-mentioned interdictions under the Terms & Conditions, the usage of the CowdSender platform (both Mobile Application and Website) is prohibited:
• for illegal intents;
• for indecent, depraved, and immoral intents;
• to spam, pharm, crawl, scratch, spider, pretend or phish;
• to provide and publish incorrect and inveracious information;
• to gather and track the personal information of other users;
• to abuse, harass, insult, slander, violate, offense, disrespect, deterrence, or discrimination based in gender, religion, sexual orientation, ethnic and national origin, race, age, or disability;
• to impel to participate or to be involved in any illicit and illegal activity by any other person;
• to intervene in or deceive the security system of our or any related services, other websites, and service providers on the internet;
• to upload and spread any virus and malicious programs that can affect the functionality of our and any related services, other websites, and service providers on the internet;
• to infringe any local, regional, state, federal or international laws, rules, regulations or local prescriptions;
• to violate the CrowdSender’s intellectual property rights or any other third-party;
We keep the right to terminate your usage of our services or any related service providers and deactivate your account for infringements or suspected violation of the Terms of this section.
Only deals that have been made through CrowdSender platform can be considered for a refund. Any agreements and arrangements between the users that have been made outside the CrowdSender platform will not be considered.
The cancellation of the accepted deal may be requested and may lead to a refund procedure, that my take up to 5 working days.
Cancellation by the Sender:
• If the Sender requests to cancel the deal more than 5 hours before the trip starts, the Sender will be reimbursed the reward for the Traveller (in this case the Traveller will not get paid any money). The service fee (15%) of CrowdSender will not be reimbursed to the Sender.
• If the Sender requests to cancel the deal 5 hours or less before the trip starts, the Sender will be reimbursed half of the reward for the Traveller (in this case the Traveller will receive the other half of this amount). The service fee (15%) of CrowdSender will not be reimbursed to the Sender.
• If the Sender requests to cancel the deal when the trip has started or the Sender did not come to the meeting point 15 minutes after the agreed time without notifying the Traveller, the Sender will not be reimbursed the compensation. In this case the Traveller will receive the full amount of the agreed price. The service fee (15%) of CrowdSender will not be reimbursed to the Sender.
Cancellation by the Traveller:
• If the Traveller requests to cancel the deal before the trip starts, the Sender will be reimbursed the full amount paid that includes the reward for the Traveller AND service fees (15%) of CrowdSender.
• If the Traveller does not reach the drop-of location at the agreed time and does not get in touch with the Sender within the next 24 hours, the shipped item/package is considered lost or stolen. This action will be treated according to the law of the country in which the Traveller resides. The Sender will be reimbursed the full amount paid that includes the reward for the Traveller AND service fees (15%) of CrowdSender. If the insurance was acquired for shipped item, the value of this item will be refunded by the insurance company on the base of the insurance policy.
The EU Commission provides a platform for out-of-court dispute resolution:
https://ec.europa.eu/consumers/odr/main/
This allows consumers to resolve disputes in regard of their online orders without involving a court.
Please check General information obligation according to § 36 Consumer Dispute Settlement Act (CDSA)
We are not obliged and not willing to participate in a dispute settlement proceeding before a consumer arbitration board.
We do not warrant, assure, and guarantee that your usage of our service will be secure, uninterrupted, prompt, timely or unerring.
We can not ensure that the outcome and performance achieved by using our service is exact or credible.
The services and content and all information on this website are provided “as is” without warranty of any kind.
Even so we provide identity verification by a third party that offer extra security for the transactions. We can not and will not use the identity verification to prove the identity of each user.
You are alone responsible for detecting the identity and validity of other users you interact through our services with.
CrowdSender does not warrant that our technical equipment is enough to define whether it is reasonable for you to interact with another user. Besides, we do not recommend anyone who uses our services or who creates an account on our platform.
We do not examine or check any user’s reputation, principles, crime history, or any other information users may provide with upon creating an account on our platform or while using our services.
We advise you to be cautious while communicating with other users, especially when encountering a stranger in real for the first time. Although it is one of many methods to decrease risk of wrongful acts of a member, it is not a warranty of any member’s personality or good will.
CrowdSender only acts as mediator for both parties (Sender and Traveller) for an unimpeded transaction. CrowdSender takes no financial responsibility for the content and the delivery of the items/packages, unless as otherwise provided in this document.
Users can insure their items/packages for damage cases. In case of damage the users should communicate this issue with the insurance company, CrowdSender takes no responsibility for financial compensation.
In case of item/package loss, the compensation will not be refunded neither by the insurance company nor by CrowdSender. The communication should be conducted between the users. CrowdSender takes no financial responsibility for any financial compensation.
CrowdSender does not guarantee the reliability, consistency, safety, promptness or timeliness of the services, user’s statements, content, or information provided on the CrowdSender platform. No information provided through the CrowdSender platform represents a guarantee that is not specifically stated in these terms of use.
You confirm and agree that these limitations and exceptions of liability and warranty in these terms of use are fair and acceptable.
To the fullest degree accepted by law, CrowdSender shall not be responsible for any accidental, unforeseen, indirect, sample, penalty, or circumstantial damages, lost income or breakages for loss of data or business interruption or terminating resulting from or the use or failure to use the CrowdSender platform, regardless of guarantee, contract, delict, tort or any other theory of law, and apart from CrowdSender has been notified of such damages and breakages.
EXCEPT OF SPECIFICALLY AND PARTICULARLY PROVIDED HEREIN, CROWDSENDER MAKES NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATED OR ASSUMED, IN RELATION TO THE SUPPLY OF ITS SERVICES, THE DAMAGE, LOSS OR PARTIAL LOSS OF THE PARCEL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ELIGIBILITY OF ITS SERVICES AND APPROPRIATENESS FOR TARGETED AND CERTAIN INTENTION.
You agree to compensate and hold CrowdSender harmless from and against any and all claims or demands, including appropriate attorney fees, made by a third-party due to infringement of these terms of use or the documents provided therein, or a breach of laws or rights.
These Terms of Conditions and all individual agreements under which we offer services to our users are subject to the laws of the Federal Republic of Germany and will be interpreted accordingly.
Admission to the content may not be lawful for particular individuals or in particular countries. If users access the Mobile Application or the website outside the Germany, this is at your own risk, and you solely take responsibility for conformity with laws and jurisdiction.
All arguments and disputes emerging between CrowdSender and users or between users might first be solved by conversation. If it is not possible to solve the dispute through the conversation, any legal claims or proceedings arising out of or in relation with the terms of use must be filed with the court in Germany, and users agree to the unique personal jurisdiction and jurisdiction of such courts.
On this page you can view the most recent version of the terms of use at any time.
We have the right, at our sole discretion, to update, change, modify, or replace parts of these terms of use by posting updates and amendments on our website. It is your responsibility to check the website periodically for changes. Your continued use or accessing of our service following the posting of any changes to these Terms & Conditions constitutes your acceptance of such changes.
All text, content, data, images, information, and other materials present, displayed or available on the Mobile Application and this Website (“Content”), inclusive any intellectual property rights in such content (inclusive trademarks and copyrights) or other intellectual property rights associated with the Mobile Application and this Website (further “Intellectual Property Rights”), are the property of CrowdSender and are protected by appropriate intellectual property laws.
The users shall suppose that everything the user sees, encounters, observes and reads on the Mobile Application and the Website is protected by intellectual property rights, excepts that otherwise stated, and may not be used without the written consent of CrowdSender or the corresponding owner, except as expressly and directly stated in these terms.
Additionally, you confirm that CrowdSender has all rights, entitlements and legal claims to CrowdSender trademarks, trade names, trade secrets, patents, service marks, copyrights, technologies, software and know-how relating to the design, operation or function of the service.
Your rights regarding the services are strictly limited to the rights expressly granted in this agreement.
Any provision or application of any provision of these Terms & Conditions which Is prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
• the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
• the validity or enforceability in other jurisdictions of that or any other provision of this Agreement; or
• the remaining provisions in this or any other jurisdiction.
If any provision is illegal, void, or unenforceable, such provision may be severed without affecting the enforceability of the other provisions of these Terms of Use.
Any grounds of action you may have in relation to your use of our services must be asserted within one (1) year of the occurrence of the claim or ground of action.
We shall not be responsible for any errors, failures or delay in the fulfilment of obligations under the terms & conditions if the errors, failures or delay triggered by circumstances beyond our control, including but not limited to “Force Majeur“, war, military actions, hostilities, invasion, foreign enemies, terrorism or riots, storm, earthquake or other natural disaster of overwhelming magnitude („Force Majeure“).
If you have any questions regarding the Terms & Conditions, please send your queries to info@crowdsender.com.
© 2024 CrowdSender
